ILLINOIS POLLUTION CONTROL BOARD
    May 20, 1999
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    v.
    BRADLEY G. WHITE,
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    AC 98-41
    (IEPA No. 238-98-AC)
    (Administrative Citation)
    ROBERT J. SCHERSCHLIGT, ASSISTANT COUNSEL, APPEARED ON BEHALF OF
    THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY; and
    BRADLEY G. WHITE APPEARED
    PRO SE.
    OPINION AND ORDER OF THE BOARD (by E.Z. Kezelis):
    This matter comes before the Board on an administrative citation issued by
    complainant, the Illinois Environmental Protection Agency (Agency), to respondent, Bradley
    G. White (White). In the administrative citation, the Agency alleges that on April 29, 1998,
    White violated the Illinois Environmental Protection Act (Act), by causing or allowing open
    dumping in a manner that resulted in litter and open burning. See 415 ILCS 5/21(p)(1), (3)
    (1996).
    Pursuant to Section 31.1(d)(2) of the Act, White filed a petition for review with the
    Board on July 23, 1998. A hearing on the administrative citation was held on October 14,
    1998.
    On February 18, 1999, the Board entered an interim opinion and order finding that
    White violated Sections 21(p)(1) and (3) of the Act. 415 ILCS 5/21(p)(1), (3) (1996). The
    Board found that the Agency and the Board were entitled to hearing costs pursuant to Section
    42(b)(4) of the Act. 415 ILCS 5/42(b)(4) (1996). The Agency and the Clerk of the Board
    were ordered to file affidavits of such costs with the Board and to serve the affidavits upon
    White within 14 days of the date of the Board order. The Board granted White 14 days from
    the date of receipt of the affidavits to file a reply. The Board stated that it would thereafter
    issue a final order assessing the statutory penalty and any appropriate costs.
    On March 2, 1999, the Agency submitted an affidavit stating that the Agency’s hearing
    costs were $200. The Agency included proof of service on White on the same date by first
    class mail. White has not objected or otherwise responded to the Agency’s hearing costs. The
    Board accepts the Agency’s hearing costs and finds them to be reasonable. Accordingly, the
    2
    Board orders White to pay the Agency’s hearing costs of $200 in addition to the statutory
    penalty of $500 for violating Section 21(p)(1) and $500 for violating Section 21(p)(3) of the
    Act.
    1
    This opinion and order constitutes the Board’s findings of fact and conclusions of law
    in this matter.
    ORDER
    1.
    The Board finds that respondent, Bradley G. White, violated
    Sections 21(p)(1) and (3) of the Act (See 415 ILCS 5/21(p)(1), (3)
    (1996)), and assesses the statutory penalty of $500 for each violation, for
    a total civil penalty of $1,000.
    2.
    White must pay the $1,000 penalty within 30 days of the date of this
    order. For this penalty, White must make a certified check
    or money order payable to the Treasurer of the State of Illinois, for
    deposit in the Illinois Environmental Protection Trust Fund, in the
    amount of $1,000. White must send the certified check or money order
    by first class mail to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
    White must include the remittance form from the administrative
    citation and write the case name and number and his social security
    number on the certified check or money order.
    3.
    Within 30 days of the date of this order, White must also reimburse the
    Agency for hearing costs incurred in the total amount of $200 by
    certified check or money order made payable to the Treasurer of the
    State of Illinois, for deposit in the General Revenue Fund. White must
    send the payment by first class mail to the Illinois Environmental
    Protection Agency at the address set forth in paragraph 2 above. White
    must write the case name and number and his social security number on
    the certified check or money order.
    4.
    Any penalties unpaid after the due date will accrue interest pursuant
    1
    T
    he Board’s affidavit of costs and proof of service were filed after the deadline. Accordingly,
    the Board will not seek reimbursement of these costs.
    3
    to Section 42(g) of the Act. 415 ILCS 5/42(g) (1996).
    5.
    Payment of this penalty does not prevent future prosecution if either
    violation continues.
    This docket is hereby closed.
    IT IS SO ORDERED.
    Section 41 of the Act provides for the appeal of final Board orders to the Illinois
    Appellate Court within 35 days of service of this order. See 415 ILCS 5/41 (1996). Illinois
    Supreme Court Rule 335 establishes such filing requirements. See 172 Ill. 2d R. 335; see also
    35 Ill. Adm. Code 101.246, Motions for Reconsideration.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above opinion and order was adopted on the 20th day of May 1999 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

    Back to top