ILLINOIS POLLUTION CONTROL BOARD
June 20,
199.
ILLINOIS
ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Complainant,
)
v.
)
AC 90—59
(Docket
B)
(Administrative Citation)
SOUTHERN PACIFIC RAILROAD,
)
)
Respondent.
OPINION
AND
ORDER OF THE BOARD (by R.
C.
Flemal):
This matter comes 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,
oh.
ill 1/2,
par. 1001 et. seq.)
The citation was issued July 9,
1990 and alleges that Respondent,
Southern Pacific Railroad,
is in violation of Section 21(q) (1)
of
the
Act
for
causing
or
allowing open
dumping
of
wastes
that
resulted in litter.
A Petition for Review was filed with the Board on July 16,
1990.
Hearing was held October 23,
1990 in Springfield, Illinois.
On March 28, 1991 the Board issued an Order finding that the cited
violation had occurred and imposed a penalty of $500.00.
The Board
also
directed the
Clerk
of
the
Board
and
the
Agency
to
file
affidavits declaring their hearing costs.
On February 25, 1991, the Clerk of the Pollution Control Board
filed
an affidavit stating that the Board’s hearing
costs were
$442.79.
On May 13,
1991, the Agency filed an affidavit stating
it had no hearing costs.
The total hearing costs to be assessed
against Respondent are $442.79.
This Opinion constitutes the Board’s
findings
of facts
and
conclusions of law in this matter.
ORDER
1.
It is hereby ordered that within thirty days of the date
of
this
Order,
Southern
Pacific
Railroad
shall,
by
certified check or money order,
payable to the State of
Illinois and
designated
for deposit
into the General
Revenue
Fund,
pay
as
compensation
for
hearing
costs
2
incurred by the Board and Agency, the amount of $442.79
which is to be sent to:
Illinois Environmental Protection Agency
Fiscal Service Division
2200 Churchill Road
Springfield, Illinois
62706
2.
This docket is hereby closed.
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.
IT IS SO ORDERED.
I, Dorothy H.
Gunn,
Clerk of the Illinois Pollution Control
Board, hereby certify that the abo
Opinion and Order was adopted
on the
~
day of
~~~71_4~
,
1991, by a vote
Control Board