ILLINOIS POLLUTION CONTROL BOARD
    March 8,
    1990
    COUNTY OF DUPAGE,
    Complainant,
    )
    AC 88—76,
    88—77
    Docket B
    v.
    )
    (IEPA Nos.
    88-CD—278,
    88—CD—279)
    E
    & E HAULING,
    INC.,
    )
    (Administrative Citation)
    Respondent.
    WILLIAM SELTZER APPEARED ON BEHALF OF THE ILLINOIS ENVIRONMENTAL
    AGENCY;
    GRETTA TAMELING APPEARED ON
    BEHALF OF THE OFFICE
    OF THE STATE’S
    ATTORNEY OF DUPAGE COUNTY;
    RAYMOND T. ROETT
    AND
    ROBERT P. ZAPINSKI, JENNER
    AND
    BLOCK, APPEARED
    ON BEHALF OF E
    &
    E HAULING,
    INC.
    OPINION
    AND
    ORDER OF THE BOARD
    (by M.
    Nardulli):
    This matter
    comes
    before
    the
    Board
    upon
    the
    filing
    of
    an
    Administrative Citation pursuant to Section 31.1 of the Illinois
    Environmental Protection Act (“Act”).
    (Ill.
    Rev.
    Stat.
    1987,
    ch.
    111 1/2,
    par.
    1031.1.)
    Petitions for review were filed on August
    2,
    1988 and a hearing was held on December
    8,
    1988.
    On September
    13,
    1989, the Board found in Docket A of this consolidated appeal
    that
    E
    & E Hauling,
    Inc. had violated Section 21(p) (5)
    of the Act
    on two occasions and imposed
    a
    civil
    penalty
    of
    $1,000.
    After
    reviewing DuPage
    County’s affidavit
    of
    hearing
    costs,
    the Board
    entered
    an
    Interim Order
    rejecting those
    items
    submitted by the
    County as not being recoverable as “hearing costs” under Section
    42(b)(4)
    of
    the
    Act
    and
    allowing
    the
    County
    to
    resubmit
    its
    affidavit
    of
    hearing
    costs
    consistent
    with the
    Board’s
    Interim
    Order.
    On February
    27,
    1990,
    the County filed
    its second affidavit
    of hearing costs stating that had not incurred any “hearing costs”
    consistent with the Board’s Interim Order.
    The Clerk of the Board
    filed an affidavit on October
    4,
    1989 stating that it had incurred
    hearing costs of $1,896.10.
    Therefore, the total hearing costs to
    be assessed against Respondent are $1,896.10.
    This
    Opinion
    constitutes
    the
    Board’s
    finding
    of
    fact
    and
    conclusions of law in this matter.
    109—297
    ORDER
    It
    is hereby ordered that within thirty days of the date of
    this Order, E
    & E Hauling,
    Inc.
    shall, by certified check or money
    order, payable to the State of Illinois and designated for deposit
    in the General Revenue Fund, pay as compensation for hearing costs
    incurred by the Board, the amount of $1,896.10, which is to be sent
    to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchhill Road
    Springfield,
    Illinois 62706
    This docket
    is hereby closed.
    Section 41 of the Illinois Environmental Protection Act (Ill.
    Rev.
    Stat.
    1987,
    ch.
    111 1/2, par.
    1041)
    provides
    for the appeal
    of
    final
    orders
    of
    the Board within
    35
    days.
    The Rule
    of
    the
    Supreme Court of Illinois establish filing requirements.
    IT IS SO ORDERED.
    Board Member J. Anderson dissents.
    I,
    Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify that the above Opinion and Order was adopted
    on the
    ___________
    day of
    ~
    ~J~’
    ,
    1990,
    by a vote of
    /
    /
    -~
    /
    ~
    •_//~~
    /
    Dorothy N.
    GZ~nn, Clerk
    IllinoisPollutionControl Board
    I
    ~Q—2°8

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