ILLINOIS POLLUTION CONTROL BOARD
October 24,
1991
ST. CLAIR COUNTY,
Complainant,
AC 90—67
)
(Docket B)
v.
)
(Administrative Citation)
)
TIMOTHY
E. DOCTOR d/b/a
)
MACLAIR ASPHALT, INC.,
)
)
Respondent.
OPINION
AND
ORDER OF THE BOARD
(by B.
Forcade):
This
matter
comes
to
the
Board
upon
an
administrative
citation filed by St. Clair County (“County”) pursuant to Section
31.1 of the Environmental Protection Act
(Ill.
Rev.
Stat.
1990,
supp.,
ch.
111 1/2, par. 1001 et seq.)
(the Act) and a delegation
agreement with the Illinois Environmental Protection Agency
(the
Agency)
under Section 4(r)
of the Act.
The citation
issued on
July 5,
1990,
alleges that Respondent is in violation of Section
21
(q) (1)
and
(q) (3)
of the Act for causing or allowing the open
dumping of wastes that resulted in litter and open burning.
A petition for review was filed with the Board on July 31,
1990.
On May 17,
1991,
hearing was held in Belleville,
St. Clair
County,
Illinois.
On August 22,
1991,
the Board
issued an Order
finding that
the
cited
violations
had
occurred
and
imposed
a
penatly of one thousand dollars ($1,000).
The Board also directed
the Clerk of the Board and the County to file affidavits declaring
their hearing costs.
On
September
17,
1991,
the
Clerk
of
the
Board
filed
an
affidavit stating that the Board’s hearing costs were two hundred
forty—six dollars and six cents ($246.06).
The County did not file
an afffidavit.
Therefore, the total hearing costs to be assessed
against Respondent are two hundred forty—six dollars and six cents
($246.06).
This Opinion constitutes the Board’s findings of
facts and
conclusions of law in this matter.
ORDER
1.
It is hereby orderd that within
30 days of the date of
this Order, Timothy Doctor shall,
by certified check or
money order payable to the State of Illinois, designated
for
deposit
to
the
General
Revenue
Fund,
pay
as
compensation for hearing costs incurred by the Board, the
amount of two hundred forty—six dollars and six cents
126—625
2
($246.06) which is to be sent by First Class mail to:
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
P.O. Box 19276
Springfield, IL 62794—9276
2.
This docket is herby closed.
Section
41
of the
Environmental Protection
Act
(Ill.
Rev.
Stat.
1990 supp.,
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 M.
Gunn, Clerk of the Illinois Pollution Control
Board,
do hereby .certify that
the ab
e
ion
and Order was
adopted on th~4~?~day of _____________________________,
1991,
by a vote of
L~.
Dorothy M. ~
Clerk
Illinois Poltjition Control Board
126—626