ILLINOIS POLLUTION CONTROL BOARD
    March
    22, 1990
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    v.
    )
    AC88—93 Docket B
    (IEPA NO. 9264-AC)
    CITY OF HERRIN,
    )
    (Administrative Citation)
    Respondent.
    MR. WILLIAM SELTZER APPEARED ON BEHALF OF COMPLAINANT.
    MR. KENNETH BLEYER APPEARED ON BEHALF OF THE RESPONDENT.
    OPINION AND ORDER OF THE BOARD
    (by J. Marlin):
    This matter 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
    the City of Herrin violated sections 21(p)(5),
    (7),
    (9) and
    (12)
    of the Act.
    The civil penalties established for each
    of these
    violations
    is $500 plus any hearing costs incurred by the Board
    or the Agency.
    On a petition for review filed by the Respondent, hearing
    was held
    in this matter on April
    24,
    1989.
    Subsequent
    to several
    motions to extend briefing deadlines,
    on December
    6,
    1989
    the
    Board issued its Opinion and Order finding that violations
    of
    Sections 2l(p)(5),
    (9) and
    (12)
    of the Act had occurred and
    imposed a penalty of
    $1,500.
    The Board also directed the Clerk
    of
    the Board and the Agency
    to file affidavits declaring their
    hearing costs.
    On December 21,
    1989,
    the Agency filed an affidavit stating
    that
    its hearing costs were $159.04.
    The Clerk of the Board
    filed an affidavit on January
    4, 1990 stating that the hearing
    costs incurred by the Board were $1,174.42.
    The total hearing
    costs
    to be assessed against the Respondent are $1,333.46.
    This Opinion constitutes the Board’s
    findings of fact and
    conclusions of
    law in this matter.
    109—577
    —2—
    ORDER
    It
    is hereby ordered
    that within thirty days of the date of
    this Order,
    the City of Herrin 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 and Agency, the amount of
    $1,333.46 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.,
    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 Opinion and Order was
    adopted on the
    ~
    ~‘
    day of
    ______________
    ,
    1990,
    by a vote
    of
    7-~
    c
    .
    /,
    ~Dorothy
    M. ,~unn,Clerk
    Illinois Pbllution Control Board
    109—57 8

    Back to top