ILLINOIS POLLUTION CONTROL BOARD
    February
    23,
    1989
    IN THE MATTER OF:
    )
    BI—STATE DISPOSAL,
    INC.
    )
    AC 88—33
    )
    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, 81—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 Sections 21(p)(5) and 21(p)(12)
    of the Act on March
    26,
    1988 and Section 2l(p)(5) on April
    1,
    1988,
    April
    3,
    1988 and April
    6,
    1988.
    The civil penalty
    established
    for each of these violations
    is $500.00 plus any
    hearing costs 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
    that accepted the Stipulation
    that the parties agreed
    to at the hearing
    and imposed
    a penalty
    in the amount of $3,000.00.
    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—33.
    It
    is hereby ordered that within 30 days of the date of this
    Order, Bi—State Disposal,
    Inc.
    shall, by certified check or money
    order, payable
    to the State of Illinois and designated
    for
    96—301
    —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
    Illinois
    Pollution Control
    Board,
    hereby
    certifX
    that
    the
    above
    Opinj.pn
    and
    Order
    was
    adopted
    on
    the
    ~
    day
    of
    _______________________
    1989,
    by
    a
    vote
    of
    7—0
    .
    /~-_~
    4
    ~//
    ~
    ~
    -~/-~~
    Dorothy
    M.
    G~rfh,
    Clerk,
    Illinois
    Pol~ition
    Control
    Board
    96—302

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