ILLINOIS POLLUTION CONTROL BOARD
    August 30, 1990
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    AC 89—292
    (Docket
    B)
    v.
    )
    IEPA Docket No.
    10069-AC)
    (Administrative Citation)
    LAND and LAKES COMPANY,
    Respondent.
    MS.
    BARBARA
    SMILES,
    ASSISTANT STATE’S ATTORNEY FOR WILL COUNTY,
    APPEARED ON BEHALF OF THE COMPLAINANT.
    ~kR.JOHN
    F. WARD APPEARED ON BEHALF OF RESPONDENT.
    OPINION AND ORDER OF THE BOARD
    (by J.C. Marlin):
    This matter comes before the Board from the December
    13, 1989
    Administrative Citation by the Illinois Environmental Protection
    Agency
    (“Agency”), pursuant
    to Section
    31.1
    of the Illinois
    Environmental Protection Act
    (“Act”).
    The citation alleged that
    Respondent violated Section
    21 of the Act.
    The civil penalty
    established for this violation
    is $500.00 plus any hearing cost
    incurred by the Board or
    the Agency.
    A petition for review was filed by the Respondent,
    but then
    withdrawn at hearing.
    On June
    7,
    1990,
    the Board issued an Order
    finding that the cited violation 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.
    The Clerk of the Board filed an affidavit stating
    that the
    hearing costs incurred by the Board were $281.00.
    The Agency did
    not file an affidavit.
    The
    total hearing costs
    to be assessed
    against the Respondent are $281.00.
    This Opinion constitutes
    the Board’s findings of
    fact and
    conclusions of
    law
    in this matter.
    ORDER
    It
    is hereby ordered
    that within thirty days of
    the date of
    this Order,
    Land and Lakes Company 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 $281.00, which
    is
    to be sent
    to:
    I
    l.~—~i73
    —2—
    Illinois Environmental Protection Agency
    Fiscal Services 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 eert~fythat
    the above Opinion and Order was
    adopted on the
    ~.~9ZZ’
    day of__________________
    ,
    1990,
    by a
    vote of
    ~‘/
    .
    Dorothy M.
    ,a’unn, Clerk
    Illinois P6~lutionControl
    Board
    11i~74

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