ILLINOIS POLLUTION CONTROL
BOARD
August
31,
1989
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
)
)
Complainant,
v.
)
AC 89—10
)
Docket B
)
(IEPA Docket No.
9363—AC)
JIM LANDERS
)
Respondent.
MR. WILLIAM SELTZER, ESQ., APPEARED ON BEHALF OF THE PETITIONER,
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY.
MR. JIM LANDERS APPEARED PRO SE.
OPINION AND ORDER OF THE BOARD
(by M. Nardulli):
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
Mr. Landers violated sections 21(q)(l) and 21
(q)(3) of the
Act.
The civil penalties established for each
of these
violations
is $500.00 plus any hearing cost incurred by the Board
or the Agency.
On a petition for review filed by the Respondent,
hearing
was held on this matter on April
26,
1989.
On July 13,
1989, the
Board issued an Opinion and Order finding that the cited
violations had occurred and imposed
a penalty of $1,000.00.
The
Board also directed the Clerk of the Board and the Agency to file
affidavits declaring their hearing costs.
On July
28, 1989,
the Agency filed an affidavit stating that
its hearing costs were $36.00.
The Clerk of the Board filed an
affidavit on July
24,
1989 stating that the hearing costs
incurred by the Board were $709.72.
The total
hearing costs
to
be assessed against the Respondent are $745.72.
This Opinion constitutes the Board’s findings of facts and
conclusions of law in this matter.
102—273
—2—
ORDER
It
is hereby ordered that within thirty days of the date of this
Order, Jim Landers 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 $745.72, 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.
State 1985,
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.
I, Dorothy M.
Gunn, Clerk of the Illinois Pollution Control
Board, hereby certify that the above Opinig~and Order was
adopted on the
_______________
day of
~
1989,
by a vote of
~
.
~
Dorothy M. G~nn,Clerk,
-
Illinois Pollution Control Board
102—274