ILLINOIS POLLUTION CONTROL BOARD
    April
    11,
    1991
    ST. CLAIR COUNTY,
    Complainant,
    v.
    )
    AC 90—38
    (Dockets A
    &
    B)
    )
    (Docket No.
    90—3 SC)
    HAROLD FULTS
    )
    (Administrative Citation)
    MILLSTADT/FULTS,
    Respondent.
    ORDER OF THE BOARD
    (by JD.
    Dumelle):
    This matter comes before the Board on
    a July 31,
    1990 Motion
    to Withdraw Appeal filed by the respondent, Harold Fults.
    Respondent filed his petition for review with the Board on May
    25, 1990.
    A hearing was held in this matter on July
    31,
    1990.
    The Board hereby grants respondent’s motion to withdraw the
    petition for review.
    Pursuant to Section 31.l(d)(l) of the
    Environmental Protection Act
    (“Act”), the Board will adopt a
    final order with the finding of violations and imposition of
    penalties.
    On May 17,
    1990, an Administrative Citation was filed with
    the Board pursuant to Section 31.1 of the Illinois Environmental
    Protection Agency (“Agency”).
    Service of the Administrative
    Citation was made upon the respondent on May
    14,
    1990.
    St. Clair
    County alleges that on March 21,
    1990,
    the respondent, present
    operator of a facility located in the County of St.
    Clair,
    violated Sections 21(a)(1)
    and 21(a)(6)
    of the Act.
    The
    statutory penalty established for each violation is $500.00
    pursuant to Section 42(b)(4)
    of the Act.
    At hearing,
    the complainant agreed to drop the second count
    of this complaint with the respondent pleading guilty
    to the
    first count.
    As a result,
    the respondent withdrew his petition
    for review.
    Therefore,
    pursuant
    to Section 31.l(d)(l), the Board
    finds that the respondent has violated the provisions alleged in
    count
    (1)
    of the Administrative Citation.
    Since there
    is only
    (1) such violation,
    the total penalty to be imposed
    is $500.00.
    It
    is hereby ordered that,
    unless the penalty has already
    been paid, within
    30 days of the date of this Order the
    Respondent shall, by certified check or money order payable to
    the County of St.
    Clair, pay a penalty in the amount of $500.00
    which is
    to be sent to:
    121—91
    —2—
    Landfill Citation Fund
    Paul Haas, County Collector
    10 Public Square
    Belleville, IL
    62220.
    For purposes of
    review,
    today’s action constitutes final
    action on Docket A in this matter, dealing with the civil penalty
    for violation of Section
    21 of the Act.
    The Clerk
    is hereby
    ordered to open Docket B in this matter pertaining to hearing
    costs pursuant
    to Section 42(b)(4) of
    the Act.
    In addition to the above penalty,
    respondent shall pay any
    hearing costs
    incurred by the Board and the Agency.
    Therefore,
    within 30 days of this Order,
    St.
    Clair County shall file a
    statement of hearing costs with the Board, supported by affidavit
    and with service upon Mr.
    Fults.
    Within that same 30 days,
    the
    Clerk of
    the Pollution Control Board shall file a statement of
    the Board’s costs, supported by affidavit and with service upon
    respondent.
    Such filings shall be entered in Docket
    B.
    Respondent
    is hereby given leave to file a reply/objection
    to the filings as ordered above within
    35 days of this Order.
    Section 41 of the Environmental Protection Act,
    Ill. Rev.
    Stat. 1989 ch. lll~,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, hereby certify that~the above Order was adopted on
    the
    /7~
    day of
    ____________________,
    1991,
    by a vote
    of
    7-0.
    4.
    ~
    Dorothy
    M.,4’Gunn,
    Cl’erk
    Illinois ~,bllutionControl Board
    121—92

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