ILLINOIS POLLUTION CONTROL BOARD
    June
    21,
    1.990
    ST. CLAIR COUNTY,
    Complainant,
    AC 89—109
    v.
    )
    Docket
    B
    (Administrative Citation)
    GUY
    MARLIN,
    )
    County No. 89-9
    SC
    (Fairview Heights)
    Respondent.
    MR. DENNIS HATCH, ASSISTANT STATE’S ATTORNEY, APPEARED ON BEHALF
    OF PETITIONER ST. CLAIR COUNTY.
    MR. JAMES J.
    GOMRIC APPEARED ON BEHALF OF RESPONDENT.
    OPINION AND ORDER OF THE BOARD
    (by J.
    Marlin):
    This matter comes before the Board upon an Administrative
    Citation filed pursuant
    to the authority vested
    in the Illinois
    Environmental Protection Agency and delegated
    to St. Clair County
    pursuant
    to Section 4(r)
    of the Illinois Environmental Protection
    A~ct(“Act”)
    (Ill.
    Rev.
    Stat.
    1989,
    ch. 111 1/2,
    par.
    1001 et
    seq.).
    The citation was filed June
    6,
    1989 and alleged that
    Respondent, Guy Marlin,
    the owner/operator
    of a facility located
    in St. Clair County,
    Illinois was
    in violation of Sections 21(q)
    (1) and
    (q)(3)
    of
    the Environmental Protection Act
    (Act)
    concerning open burning and dumping.
    Ill.
    Rev. Stat.
    ch.
    ill
    1/2, pars.
    102l(q)(l),
    l021(q)(3).
    The civil penalties
    established for each of these violations
    is $500.00 plus any
    hearing costs incurred by the Board or
    the County.
    A Petition
    for Review was filed with the Board on July
    3,
    1989.
    Hearing was held September
    1,
    1989 at the St. Clair County
    Courthouse, Belleville,
    Illinois.
    On April
    26,
    1990,
    the Board
    issued an Opinion and Order findinc that the cited violations had
    occurred and imposing a penalty of $1,000.00.
    The Board also
    directed the Clerk of
    the Board and the County
    to file affidavits
    declaring
    their hearing costs within
    30 days.
    The County has failed
    to file an affidavit
    of hearing costs
    within the time ordered by the Board.
    The Clerk of the Board
    filed an affidavit stating
    that the hearing
    costs
    incurred by
    the
    Board were $974.62.
    The
    total hearing costs
    to be assessed
    against
    the Respondent are $974.62.
    This Opinion constitutes the
    Soard’s findings of
    facts and
    conclusions of
    law
    in this matter.
    Ii 2—t~23
    2
    ORDER
    It
    is hereby ordered that within thirty days of the date
    of
    this Order, Guy Marlin 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,
    the amount
    of $974.62, 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 certify,that the above Opinion a~i4Order was
    adopted on the
    /
    ~
    day of
    ~//~
    ~
    1989,
    by a vote of
    7/
    •/,1!
    ~
    Dorothy M. ~unn,
    Clerk,
    Illinois Pollution Control Board
    112—424

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