ILLINOIS POLLUTION CONTROL BOARD
    December 7, 2006
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    v.
    JAMES STUTSMAN,
    Respondent.
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    AC 05-70
    (IEPA No. 145-05-AC)
    (Administrative Citation)
    ORDER OF THE BOARD (by A.S. Moore):
    On November 16, 2006, the Board issued a final opinion and order finding that the
    respondent, James Stutsman, had violated Sections 21(p)(1) and (p)(7) of the Environmental
    Protection Act (Act) (415 ILCS 5/21(p)(1), (p)(7) (2004)). For the reasons stated below, the
    Board vacates that order in light of receiving a subsequent filing.
    In the interim opinion and order dated September 21, 2006, the Board directed the Clerk
    of the Board and the Illinois Environmental Protection Agency (Agency) to submit statements of
    hearing costs by October 11, 2006.
    See
    415 ILCS 5/42(b)(4-5) (2004), 35 Ill. Adm. Code
    108.500(b)(3). The Clerk of the Board on September 25, 2006, timely filed an affidavit of
    hearing costs in the amount of $297.25. In the interim opinion and order, the Board also allowed
    the respondent a 21-day period in which to respond to those statements of costs. In the final
    opinion and order, the Board noted that the Agency had filed no statement of its costs, noted that
    the respondent had filed no response to the Board’s statement, and assessed $297.25 in hearing
    costs against the respondent. IEPA v. Stutsman, AC 05-70, slip op. at 2 (Nov. 16, 2006).
    Accordingly, the final order assessed a total amount of $3,297.25 due from the respondent no
    later than January 2, 2007.
    Id
    .
    On December 1, 2006, the Board received from the Agency a statement of hearing costs
    in the amount of $75.50. Although the mailing envelope shows no specific postmarked date, the
    proof of service filed with that statement shows that the Agency timely filed it by placing it in
    the U.S. Mail on October 11, 2006.
    Due to the delay of seven weeks between service of the Agency’s statement and its
    arrival in the Board’s office, the Board on its own motion reconsiders its final opinion and order
    of November 16, 2006, and vacates that order.
    See
    35 Ill. Adm. Code 101.902. The Board
    allows the respondent 21 days, or until Friday, December 22, 2006, to file a response limited to
    the issue of the Agency’s claimed costs.
    See
    35 Ill. Adm. Code 108.506(a). The Agency then
    has 14 days after service of the response to file any reply.
    See
    35 Ill. Adm. Code 108.506(b).
    When that reply period has elapsed, the Board will issue a final opinion and order restating a
    finding of violations and assessing the civil penalty and appropriate hearing costs.
    2
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on December 7, 2006, by a vote of 4-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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