ILLINOIS POLLUTION CONTROL BOARD
    February 23,
    1989
    IN THE MATTER OF:
    )
    El—STATE DISPOSAL,
    INC.
    )
    AC 88—24
    )
    Docket B
    Respondent.
    JAY HOFFMAN, ESQ., ASSISTANT STATE’S ATTORNEY FOR ST. CLAIR
    COUNTY, APPEARED ON BEHALF OF THE COMPLAINANTS, COUNTY OF ST.
    CLAIR.
    THOMAS IMMEL,
    ESQ.
    OF
    IMMEL,
    ZELLE, OGREN, MCCLAIN, GERMERAAD AND
    COSTELLO, APPEARED ON BEHALF OF THE RESPONDENTS, BI-STATE
    DISPOSAL,
    INC.
    OPINION AND ORDER OF THE BOARD
    (by M. Nardulli):
    This matter comes before the Board
    from the filing of two
    Administrative Citations by the State’s Attorney of St. Clair
    County,
    pursuant
    to Section 31.1 of
    the Illinois Environmental
    Protection Act (hereinafter “Act”).
    The citations alleged
    that
    Bi—State Disposal,
    Inc. violated Section 21(p)(6)
    of
    the Act on
    January 28,
    1988 and Sections 2l(p)(6)
    and 21(p)(l2)
    of the Act
    on February 26, 1988.
    The civil penalty established
    for each of
    these violations
    is $500.00 plus any hearing
    cost incurred
    by the
    Board,
    the Agency or
    a party to which the Agency has designated
    authority to enforce the Act, pursuant
    to Section 42(b)(4)
    of the
    Act.
    On
    a Petition for Review filed
    on behalf of the Respondent,
    hearing was held on September
    8,
    1988.
    On December 15,
    1988,
    the
    Board issued an Opinion and Order finding that the cited
    violations had occurred and imposed
    a penalty
    in the amount of
    $1,500.00.
    The
    Board
    also
    directed
    the
    Clerk
    of
    the
    Board
    and
    the State’s Attorney of
    St.
    Clair County to file affidavits
    declaring their hearing costs.
    On February
    2,
    1989,
    St. Clair County filed
    an affidavit
    stating that its hearing costs were $31.20 for the hearing
    on AC
    88—24 and AC
    88—33.
    The Clerk
    of the Board
    filed
    an affidavit on
    December
    15,
    1988 stating
    that the hearing costs incurred by the
    Board
    in AC 88—24 and AC 88—33 were $837.60.
    The Board will
    assess one half of these hearing costs against
    the Respondent
    in
    AC 88—24.
    It is hereby ordered
    that within 30 days of the date of this
    Order, El—State Disposal
    Inc. shall, by certified check or money
    order, payable
    to the State of Illinois and designated for
    96—29’)
    —2—
    deposit into the General Revenue Fund, pay as compensation
    for
    hearing costs incurred by the Board and the State’s Attorney of
    St.
    Clair County, the amount of $434.40, which is to be sent to:
    Illinois Environmental Protection Agency
    Fiscal Service Division
    2200 Churchill
    Road
    Springfield,
    IL
    62706
    This docket
    is hereby closed
    Section 41 of the Environmental Protection
    Act,
    Ill.
    Rev.
    Stat.
    1985,
    ch.
    1111/2,
    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
    Board, hereby certify that the above
    adopted
    on the
    ~‘~—~f
    day
    of
    1989,
    by
    a
    vote
    of
    ___________
    Illinois
    Pollution
    Control
    Opin~pnand Order was
    Ill
    Control Board
    96—300

    Back to top