ILLINOIS POLLUTION CONTROL BOARD
February 28,
1991
COUNTY OF JACKSON,
)
Complainant,.
v.
)
AC 89—258
)
Docket B
(Administrative Citation)
DONALD TAYLOR,
)
Respondent.
OPINION AND ORDER OF THE BOARD
(by B.
Forcade):
This matter comes to the Board on an Administrative Citation
filed pursuant to authority vested
in the Illinois Environmental
Protection Agency and delegated to the County of Jackson pursuant
to Section 4(r)
of the Illinois Environmental Protection Act
(hereinafter “the Act”)
(Ill.
Rev.
Stat.
1989,
ch.
111 1/2,
par.
1001
et.
seq.).
The citation was filed November 20,
1989,
and
alleges that Respondent,
Donald Taylor,
the operator of
a
facility located
in Jackson County,
Illinois
is in violation of
Sections 21(q) (1) and 21(q) (3) for causing or allowing open
dumping of wastes that result in litter and result in open
burning.
A Petition for Review was filed with the Board on December
21,
1989.
Hearing was held February 23,
1990,
at the City
Council Chambers
in Nurphysboro,
Illinois.
On January 10, 1991
the Board issued an Order finding that the cited violations had
occurred and imposed
a penalty of $500.00 each.
The Board also
directed the Clerk of the Board and the County to file affidavits
declaring their hearing costs.
On January 22,
1991,
the Clerk of the Pollution Control
Board filed an affidavit stating that the Board’s hearing costs
were $682.96.
On February 14, 1991 the County filed an affidavit
stating its hearing costs were zero.
The total hearing costs to
be assessed against Respondents are $682.96.
This Opinion constitutes the Board’s findings of facts and
conclusions of law in this matter.
ORDER
It is hereby ordered that within thirty days of the date of
this Order,
Donald Taylor shall,
by certified check or money
order, payable to the State of Illinois and designated for
119—97
2
deposit into the General Revenue Fund, pay as compensation for
hearing costs incurred by the Board, the amount of $682.96 which
is to be sent to:
Illinois Environmental Protection Agency
Fiscal Service Division
2200 Churchill Road
Springfield,
Illinois
62706
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.
J. Theodore Meyer dissented.
I,
Dorothy N.
Gunn,
Clerk of the Illinois Pollution Control
Board, hereby certify that the above Opinion a~pdOrder was
adopted on the
_________________
day of _______________________
1991,
by a vote of
51
.
~o~~1
Dorothy M.Munn,
Clerk
Illinois P~1lutionControl Board
119—98