ILLINOIS POLLUTION CONTROL BOARD
October 24, 1991
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY
)
)
Complainant,
)
v.
)
AC 91-17
(Docket B)
(Administrative Citation)
RONALD FELDMAN
)
(IEPA Docket No.
1591-91-AC)
d/b/a FELCO COMPANY
)
)
Respondent.
MR. RICHARD WARRINGTON, JR., APPEARED ON BEHALF OF THE
COMPLAINANT; ILLINOIS ENVIRONMENTAL PROTECTION AGENCY.
MR.
GERALD
E.
FRANK
APPEARED
ON
BEHALF
OF
RESPONDENT.
OPINION
AND
ORDER OF THE BOARD
(by J.C. Marlin):
This ntatter comes before the Board from the filing of an
Administrative Citation by the Illinois Environmental Protection
Agency
(“Agency”), pursuant to Section 31.1 of the Illinois
Environmental Protection Act
(“Act”).
the citations alleged that
Mr. Ronald Feldman d/b/a Felco Company violated sections 21(q) (1)
of the Act.
The civil penalties established for this violation
is $500.00 plus any hearing cost incurred by the Board of the
Agency.
On a petition for review filed by the Respondent, hearing
was held on this matter on July 22,
1991.
On September 12,
1991
the Board issued an Opinion and Order finding that the cited
violations 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 October 22,
1991, the Agency filed motion to file
instanter, which is granted by today’s Order,
and an affidavit
stating that its hearing costs were $234.06.
The Clerk of the
Board filed an affidavit on September 30,
1991 stating that the
hearing costs incurred by the Board were $509.20.
The total
hearing costs to be assessed against the Respondent are $743.26.
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, Ronald Feldman, d/b/a Felco Company shall, by
certified check or money order, payable to the State of Illinois
126—633
and designated for deposit into the General Revenue Fund, pay as
compensation for hearing costs incurred by the Board and Agency,
the amount of $743.26, 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 M.
Gunn, Clerk of the Illinois Pollution Control
Board, hereby certif
that the above 0
ni n and Order was
adopted on the ________day of _________________________,
1991,
byavoteof
(~-i.
~
7’
Dorothy N. ,~nn,Clerk
Illinois PóJ/lution Control Board
126—634