ILLINOIS POLLUTION CONTROL BOARD
    March
    23,
    1989
    IN THE ~4ATTER OF:
    BEECHER DEVELOPMENT COMPANY,
    )
    AC 88—14
    FORMERLY NAMED AS
    )
    Docket
    B
    ARTHUR
    A.
    DANIELS, PRESIDENT
    )
    (IEPA No.
    8842—AC)
    OF JOHN SEXTON CONTRACTORS,
    CO.,
    Respondent.
    WILLIAM SELTZER, ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
    APPEARED ON BEHALF
    OF THE COMPLAINANT; AND
    NANCY KOLLAR,
    WINSTON AND STRAWN,
    APPEARED ON BEHALF OF THE
    RESPONDENT.
    OPINION AND ORDER OF THE BOARD
    (by J.
    Anderson):
    This matter comes before
    the Board
    upon the filing of an
    Administrative Citation (“Citation”)
    by the Illinois
    Environmental Protection Agency (“Agency”), pursuant
    to Section
    31.1 of the Illinois Environmental Protection Act
    (“Act”).
    The
    citation alleged
    that Beecher Development Company (“Beecher”)
    violated Sections 21(p)(5) and 21(p) (12)
    of
    the Act.
    The civil
    penalty established
    for each of these violations
    is $500.00 plus
    any hearing cost incurred
    by the Board
    and the Agency, pursuant
    to Section 42(b) (4) of
    the Act.
    On a Petition for Review filed by Beecher
    and after hearing
    held on
    September
    26,
    1988,
    the Board issued
    an Opinion and Order
    finding
    that the two cited violations had occurred and that there
    were
    no uncontrollable circumstances,
    and imposing
    a penalty
    in
    the amount
    of $1,000.00
    (AC 88—14 Docket
    A).
    The Board
    also
    directed the Clerk of the Board
    and the Agency to file affidavits
    specifying
    their hearing costs incurred.
    On February
    2,
    1989,
    the Clerk of
    the Board
    filed an
    affidavit stating that
    the hearing costs
    incurred by the
    Board
    in
    this matter were $967.50.
    The Agency filed
    an affidavit on
    February 16,
    1989 stating
    that
    the hearing costs
    incurred by the
    Agency were $70.65.
    Therefore,
    the total hearing
    costs
    to be
    assessed against
    the Respondent,
    Beecher, are $1,038.15.
    It
    is hereby ordered that within 30 days of the date of this
    Order, Beecher Development Company
    shall
    by certified check or
    money order, payable
    to the State of Illinois and designated
    for
    97—219
    —2—
    deposit
    into the General Revenue Fund, pay as compensation
    for
    hearing costs incurred by the Board
    and the Agency the amount of
    $1,038.15,
    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.
    1987,
    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.
    J.
    T.
    Meyer dissented.
    I,
    Dorothy M.
    Gunn, Clerk of the Illinois Pollution Control
    Board,
    hereby certify that the above Opinion and Order was
    adopted
    on the
    2~’~(
    day of
    ,7’)~-~_.L’
    ,
    1989,
    by a vote
    of
    ~/
    “Dorothy M.,4~unn, Clerk
    Illinois ~l1ution
    Control Board
    97—220

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