ILLINOIS POLLUTION CONTROL BOARD
    February 28,
    1991
    ILLINOIS ENVIRONMENTAL PROTECTION
    AGENCY,
    Complainant,
    )
    v.
    )
    AC 90—42
    )
    Docket B
    (Administrative Citation)
    ROBERT WHEELER, d/b/a Wheeler
    )
    (IEPA No.
    233-90-AC)
    Trucking,
    Respondent.
    OPINION AND ORDER OF THE BOARD
    (by B. Forcade):
    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’1)
    (Ill. Rev. Stat.
    1989,
    ch.
    111 1/2, par.
    1001 et. seq.).
    The citation was filed June 7,
    1990,
    and alleges
    that Respondent, Robert Wheeler, the operator of a facility
    located in Fulton County,
    Illinois
    is in violation of Section
    21(q) (1)
    of the Act for causing or allowing open dumping of
    wastes that result in litter.
    A Petition for Review was filed with the Board on July,
    11,
    1990.
    Hearing was held September 14,
    1990,
    at the Fulton County
    Courthouse in Lewistown,
    Illinois.
    On January 10,
    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 January 22,
    1991, the Clerk of the Pollution Control
    Board filed an affidavit stating that the Board’s hearing costs
    were $1,100.40.
    On January 25,
    1991 the Agency filed an
    affidavit stating its hearing costs were $28.80.
    The total
    hearing costs to be assessed against Respondent is $1,129.20.
    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, Robert Wheeler shall, by certified check or money
    order, payable to the State of Illinois and designated for
    119—101
    2
    deposit into the General Revenue Fund, pay as compensation for
    hearing costs incurred by the Board and Agency, the amount of
    $1,129.20 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.
    ill 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.
    Gum-i, Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Opinion an4 Order was
    adopted on the
    ________________
    day of
    z7~-4w~,
    1991, by a vote of
    _______________.
    Dorothy M. ~unn, Clerk
    Illinois Pollution Control Board
    119—102

    Back to top