ILLINOIS POLLUTION CONTROL BOARD
November
3,
1988
IN THE MATTER OF:
)
CHICAGO HEIGHTS REFUSE DEPOT,
)
AC 87-47
INC.
)
(IEPA No.
8383—AC)
Respondent.
)
Docket B
OPINION AND ORDER OF THE BOARD
(by M. Nardulli):
This matter comes before the Board upon
a May 15,
1987
filing
of
an Administration Citation pursuant
to Section 31.1 of
the Illinois Environmental Protection Act (hereinafter “Act”)
by
the Illinois Environmental Protection Agency (hereinafter
“Agency”).
The citation alleged that Chicago Heights Refuse
Depot,
Inc.
violated Section 2l(p)(S) of the Act on both March
24,
1987 and April 13, 1987.
The civil penalty established
for
each of these violations
is $500.00 plus any hearing cost
incurred by
the Board
and/or the Agency, pursuant to Section
42(b)(4)
of the Act.
On a Petition
for Review filed on behalf of Chicago Heights
Refuse Depot,
Inc., hearing was held on January 25, 1988.
On
September 22, 1988,
the Board issued an Opinion and Order finding
that the cited violations had occurred and imposed
a penalty
in
the amount of $1,000.00.
The Board also directed the Clerk of
the Board and the Agency to file an affidavit stating their
hearing costs.
The Agency filed
an affidavit on October
18,
1988
establishing
their hearing cost at $124.06.
The Clerk of the
Board
filed an affidavit on October
4, 1988 declaring hearing
cost
of $368.10.
Therefore,
the total hearing costs
to be
assessed against the Petitioner are $492.16.
It
is hereby ordered that within
30 days of the date of
this
Order, Chicago Heights Refuse Depot,
Inc.
shall, by certified
check
of 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 the
Agency
the amount of $492.16, which
is
to be sent to:
Illinois Environmental Protection Agency
Fiscal Service Division
2200 Churchill Road
Springfield,
IL 67206
This docket
is hereby closed.
93—323
—2—
Section 41 of the Environmental Protection Act,
Ill.
Rev.
Stat.
1985 ch. 1l)~par.
1041,
provides for appeal of Final
Orders
of the Board within
35 days.
The Rules of Supreme Court
of Illinois establish filing requirements.
J.T. Meyer
dissented.
IT IS SO ORDERED.
I, Dorothy M.
Gunn,
Clerk of the Illinois Pollution Control
Board, hereby certify that the above Opinion and Order was
adopted on the
~“-~
day
of
____________________,
1988 by
vote of
‘/
~
Dorothy M.,~unn,Clerk
Illinois ~61lution Control Board
93—324