ILLINOIS POLLUTION CONTROL BOARD
    July 8, 1998
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    JOHNNIE MAE HENDRICKS,
    Respondent.
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    PCB 97-31
    (Enforcement - Land - Tires)
    FINAL ORDER OF THE BOARD (by M. McFawn):
    On June 17, 1998, the Board entered an interim order in which it found that respondent
    Johnnie Mae Hendricks had committed the majority of the violations alleged in the ten-count
    complaint brought by the Attorney General on behalf of the people of the State of Illinois
    (Complainant). The Board further found that many of the violations were knowing, and that
    accordingly an award of fees and costs under 415 ILCS 5/42(f) (1996) was appropriate. The
    Board granted Complainant until July 2, 1998, to file an affidavit of fees and costs.
    On June 25, 1998, Complainant filed an affidavit of Assistant Attorney General
    Thomas Davis asserting fees and costs of $960. The Board finds that this amount is reasonable
    and awards Complainant $960 pursuant to 415 ILCS 5/42(f).
    Ms. Hendricks must pay $960 on or before August 14, 1998. Such payment must be
    made by certified check or money order payable to the Treasurer of the State of Illinois,
    designated to the Hazardous Waste Fund, and must be delivered to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, IL 62794-9276
    The certified check or money order must clearly indicate on its face this case name and docket
    number. Any portion of the fees awarded which is not paid by August 14, 1998, will incur
    interest at the rate set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS
    5/1003(a)), as now or hereafter amended, from the date payment is due until the date payment
    is received. Interest will not accrue during the pendency of an appeal during which payment
    of the fee award has been stayed.
    The Board also hereby incorporates by reference and finalizes its interim opinion and
    order of June 17, 1998, in which Ms. Hendricks was ordered to pay a civil penalty of
    $39,000. Ms. Hendricks must pay this penalty on or before July 17, 1998. Such payment
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    must be made by certified check or money order payable to the Treasurer of the State of
    Illinois, designated to the Illinois Environmental Protection Trust Fund, and must be sent 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
    The certified check or money order must clearly indicate on its face this case name and docket
    number. Any penalty not paid within the time prescribed will accrue interest at the rate set
    forth in section (a) of Section 1003 of the Illinois Income Tax Act (35 ILCS 5/1003(a)(1996)),
    as now or hereafter amended, from the date payment is due until the date payment is received.
    If the time for payment is stayed during the pendency of an appeal, interest will not accrue
    during such stay.
    IT IS SO ORDERED.
    Board Member K.M. Hennessey abstained.
    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 service of this
    order. 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 order was adopted on the 8th day of July 1998, by a vote of 4-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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