ILLINOIS POLLUTION CONTROL BOARD

October 16, 2003

 

CITY OF CHICAGO DEPARTMENT )

OF ENVIRONMENT, )

 

  

  

  

  

  

  

)

Complainant, )

 

  

  

  

  

  

  

)

v. ) AC 03-11

) (CDOE No. 02-05-AC)

CITY WIDE DISPOSAL, INC.,

) (Administrative Citation)

 

  

  

  

  

  

  

)

Respondent. )

 

CHARLES KING APPEARED ON BEHALF OF THE CITY OF CHICAGO DEPARTMENT

OF ENVIRONMENT;

and

 

EDWARD W. PIROK APPEARED ON BEHALF OF CITY WIDE DISPOSAL, INC.

 

OPINION AND ORDER OF THE BOARD (by M.E. Tristano):

 

This matter comes before the Board on an administrative citation issued by the City of

Chicago Department of Environment (complainant), to City Wide Disposal, Inc., (respondent).

In the administrative citation the complainant alleged that respondent violated Section 21(p)(1)

and (p)(7) of the Environmental Protection Act (Act), 415 ILCS 5/21 (p)(1), (p)(7)(2002).

 

Pursuant to Section 31.1(d)(2) of the Act, respondent filed a petition for review with the

Board on November 27, 2002. A hearing on the administrative citation was held on June 3,

2003.

 

On September 4, 2003, the Board entered an interim opinion and order finding that

respondent violated Section 21(p)(1) and (p)(7) of the Act. The Board found that the

complainant and the Board were entitled to hearing costs pursuant to Section 42(b)(4) of the Act.

The complainant and the Clerk of the Board were ordered to file affidavits of such costs with the

Board and to serve the affidavits upon the respondent within 14 days of the date of the Board

order. The Board granted the respondent leave to file objections on October 1, 2003, stating that

it would thereafter issue a final order assessing the statutory penalty and any appropriate costs.

 

On September 15, 2003, the Clerk of the Board submitted an affidavit stating that the

Board’s costs were $453.25. To date, the complainant has not filled an affidavit of costs. The

respondent has also failed to file any objections. Accordingly, the Board orders the respondent

to pay the Board’s hearing costs of $453.25 in addition to the statutory penalty of $6,000 for

violating Section 21(p)(1) and (p)(7) of the Act. 415 ILCS 5/21(p)(1) and (p)(7) (2002).

 

This opinion and order constitutes the Board’s findings of fact and conclusions of law.

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