ILLINOIS POLLUTION CONTROL
    BOARD
    February 28, 1991
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Complainant,
    V.
    AC 89—289
    (Docket
    B)
    JAMES GILMER,
    )
    (IEPA Case No.
    10066-AC)
    Respondent.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    AC 89—290
    (Docket
    B)
    v.
    )
    (IEPA Case No.
    10067-AC)
    ARCHER-DANIELS-MIDLAND,
    )
    (Administrative Citation)
    Respondent.
    OPINION AND ORDER OF THE BOARD BY
    (J.C. Marlin):
    This matter comes before the Board from the filing of two
    Administrative Citations with the Board on December 13,
    1989 by
    the Illinois Environmental Protection Agency pursuant to Section
    31.1 of the Illinois Environmental Protection Act
    (Act).
    The
    Agency alleges in AC 89-289 that on October
    16,
    1989, James
    Gilmer, present operator of a facility located
    in the County of
    Douglas, violated Section 21(q) (1)
    of the Act.
    In AC 89—290 the
    Agency alleges that Archer-Daniels-Midland violated Section
    21(q) (1)
    of the Act at the same facility.
    The filings were
    consolidated by Board Order of March 22,
    1990.
    The statutory
    penalty established for each violation is $500.00 plus any
    hearing cost incurred by the Board or the Agency.
    A hearing was held in this matter on July
    31, 1990.
    The
    Respondents later withdrew their Petition for Review by motion
    dated January 4,
    1991.
    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 Agency to file affidavits declaring their
    hearing costs.
    On January 29,
    1991, the Clerk of the Board filed an
    affidavit stating that its hearing costs were $1,129.40.
    On
    February
    1,
    1991 the Agency filed an affidavit stating its
    119—99
    hearing costs were $31.20.
    The total hearing costs to be
    assessed against Respondents are $1,160.60.
    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, James Gilmer and Archer-Daniels—Midland 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 incurred by the Board and Agency,
    the amount of $1,160.60 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.
    Board Member J. Theodore Meyer dissented.
    I, Dorothy N. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Opinion a~dOrder was
    adopted on the
    _______________
    day of
    _____________________
    1991, by a vote of
    _______________.
    /
    ~
    Dorothy N. 1unn,
    Clerk
    Illinois Pollution Control Board
    119—100

    Back to top