ILLINOIS POLLUTION CONTROL BOARD
    June 19, 1997
    COUNTY OF LASALLE,
    Complainant,
    v.
    CHARLIE RAIKES, d/b/a KICKAPOO
    IRON & METAL,
    Respondent.
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    AC 97-24
    (Administrative Citation)
    ROBERT ESCHBACH APPEARED ON BEHALF OF COMPLAINANT; CHARLIE
    RAIKES APPEARED
    PRO SE.
    FINAL OPINION AND ORDER OF THE BOARD (by K.M. Hennessey):
    This matter comes before the Illinois Pollution Control Board (Board) on an
    administrative citation filed by the County of LaSalle (County) against respondent Charlie
    Raikes, d/b/a Kickapoo Iron & Metal (Raikes). The administrative citation alleges that on
    August 29, 1996, Raikes violated Section 21(p)(3) of the Environmental Protection Act
    (Act), (415 ILCS 5/21(p)(3) (1996)), by causing or allowing open burning at his facility in
    Manlius Township, LaSalle County.
    Under Section 31.1 of the Act, (415 ILCS 5/31.1 (1996)), Raikes filed a
    petition for review with the Board on October 21, 1996. A hearing on the
    administrative citation was held on February 21, 1997.
    On April 17, 1997, the Board entered an interim opinion and order finding that
    Raikes had violated Section 21(p)(3) of the Act. The Board also found that the County
    and the Board were entitled to hearing costs under Section 42(b)(4) of the Act (415
    ILCS 5/42(b)(4) (1996)), and ordered the County and the Clerk of the Board to file
    affidavits of such costs with the Board and to serve the affidavits upon Raikes. The
    Board granted Raikes 14 days from the date of his receipt of the affidavits to file a
    reply. The Board stated that it would issue a final order assessing the statutory penalty
    and assessing appropriate costs thereafter.
    On April 23, 1997, the Clerk of the Board filed an affidavit of costs stating that
    the Board’s hearing costs were $155.40. The Clerk also filed proof that it had served
    the affidavit on Raikes on April 23, 1997. On May 2, 1997, the County filed a letter
    with the Board advising the Board that the County is not making a claim for hearing
    costs. The County also filed proof that it had served the letter on Raikes on April 30,
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    1997. Raikes did not respond to the Clerk of the Board’s affidavit or the County’s
    letter.
    The Board finds the hearing costs reasonable. Accordingly, the Board orders
    Raikes to pay a penalty of $500 for his violation of Section 21(p)(3) of the Act and to
    pay the Board’s hearing costs in the amount of $155.40.
    This opinion constitutes the Board’s findings of fact and conclusions of law in
    this matter.
    ORDER
    1. The Board finds that Raikes has violated Section 21(p)(3) of the Act (415 ILCS
    5/21(p)(3) (1996)) and assesses Raikes a penalty of $500 for this violation.
    2. Within 30 days of the date of this order, Raikes shall pay to the County of LaSalle a
    penalty in the amount of $500 by certified check or money order made payable to the
    LaSalle County Department of Environmental Services and Land Use. Raikes shall
    send the payment by First Class Mail to:
    LaSalle County Department of Environmental Services and Land Use
    119 West Madison Street
    Room 400
    Ottawa, Illinois 61350
    Raikes shall include the remittance form from the administrative citation and write
    the case name and number and its social security or federal employer identification
    number on the certified check or money order.
    3. Within 30 days of the date of this order, Raikes shall reimburse the Board for its
    hearing costs in the amount of $155.40 by certified check or money order made
    payable to the General Revenue Fund. Raikes shall send the payment by First Class
    Mail to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    P.O. Box 19276
    Springfield, Illinois 62794-9276
    Raikes shall include the remittance form from the administrative citation and write
    the case name and number and its social security or federal employer identification
    number on the certified check or money order.
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    4. Penalties unpaid after the due date shall accrue interest pursuant to Section 42(g) of
    the Illinois Environmental Protection Act (415 ILCS 5/42(g) (1996)).
    5. Payment of this penalty does not prevent future prosecution if the violation
    continues.
    This docket is hereby closed.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1996))
    provides for the appeal of final Board orders to the Illinois Appellate Court within 35
    days of the date of service of this order. The Rules of the Supreme Court of Illinois
    establish filing requirements. (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 19th day of June 1997, by a vote of
    6-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control

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