ILLINOIS POLLIJTION CONTROL BOARD
    May 23,
    1991
    ILLINOIS ENVIRONMENTAL PROTECTION
    )
    AGENCY,
    )
    Complainant,
    )
    V.
    )
    AC 89—156
    (Dockets A
    &
    B)
    )
    (IEPA Docket No.
    9758—AC)
    (Administrative Citation)
    JOHN A.
    GORDON,
    )
    )
    Respondent.
    ORDER OF THE BOARD
    (by B.
    Forcade):
    This matter originally came to the Board on an
    Administrative Citation filed by the Illinois Environmental
    Protection Agency (“Agency”) pursuant to the Illinois
    Environmental Protection Act (hereinafter “the Act”)
    (Ill.
    Rev.
    Stat.
    1989,
    ch.
    lii 1/2, par. 1001 et. seq.).
    The citation was
    filed July 13,
    1989, and alleged that Respondent, John A. Gordon,
    the owner and operator of a facility located in Jackson County,
    Illinois is
    in violation of Section 21(q) (1)
    and 21(q) (3)
    of the
    Act for causing or allowing open dumping of wastes that result in
    litter and result in open burning.
    On January 24,
    1991 the Board
    issued an Order finding that the cited violations had occurred
    and imposed a penalty of $1000.00.
    On March 14,
    1991, the Board
    assessed hearing costs against Respondent in the amount of
    $1,288.20.
    On April
    2,
    1991, John A. Gordon filed a letter which the
    Board construed
    (in an April
    11,
    1991 Order)
    as a motion for
    reconsideration.
    In his letter Mr. Gordon requests that the
    hearing costs be “waived” and that the penalty be made payable in
    5 equal installments.
    On April 25,
    1991,
    the Agency replied in
    opposition to Mr. Gordon’s request.
    Mr. Gordon’s motion for reconsideration is denied.
    As noted
    by the Agency, the Environmental Protection Act does not provide
    for the waiver of hearing costs.
    After finding the violation,
    the Board imposed the applicable statutory penalty amount and
    assessed costs, as required by statutory mandate.
    The Board is
    without authority to waive Administrative Citation costs.
    The
    Environmental Protection Act,
    at Section 42
    (g), does provide
    that the Board shall establish the time for payment for
    penalties.
    The Agency has correctly asserted that Mr. Gordon’s
    statement of financial hardship is not factually supported nor is
    it verified under oath.
    Accordingly the request
    is denied.
    The
    Board will however modify its prior Orders to require that the
    122—285
    2
    costs of $1,288.20 be paid within 30 days of the date of this
    Order and that the.penalty of $1,000 be paid within 60 days of
    the date of this Order.
    This provides Mr. Gordon a 120 day
    extension on payment of the penalty and a 70 day extension on
    payment àf the costs.
    Penalties unpaid after the due date shall accrue interest
    pursuant to SectIon 42(g)
    of the Illinois Environmental
    Protection Act.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act, Ill.
    Rev.
    Stat.
    1989,
    ch.
    111 1/2, par.
    1041, provides for appeal of Final
    Orders of the Board within 35 days.
    The Rules of the Supreme
    Court of Illinois establish filing requirements.
    I, Dorothy N.
    Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Order was adopted on the
    ~
    day of
    ______________,
    1991, by a vote of
    -
    .
    ~.
    Dorothy N. Gumn,
    Clerk
    Illinois Pol~ution Control Board
    122—286

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