ILLINOIS POLLUTION CONTROL BOARD
May 3, 2007
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Petitioner,
v.
MARLA LEWIS GATES, MARK GATES and
MARK KINGSLEY LEWIS,
)
Respondents.
)
)
)
)
)
)
)
)
)
)
AC 06-50
(IEPA No. 98-06-AC)
(Administrative Citation)
ORDER OF THE BOARD (by T.E. Johnson):
On April 17, 2007, the Board received a motion from Mark Gates (Gates) seeking to
extend the time to file an amended petition for review. On March 15, 2007, the Board had
extended the time to file the amended petition to April 13, 2007.
See
IEPA v. Gates, AC 06-50
(Mar. 15, 2007). According to the motion, an oversight in a change of address led to Gates not
receiving the March 15, 2007 order until April 2, 2007. The original petition for review filed by
Gates was found deficient because it did not state a basis for the appeal, and therefore failed to
meet the content requirements found at Section 108.206 of the Board regulations.
See
IEPA v.
Gates, AC 06-50, slip op. at 2 (Aug. 4, 2006); 35 Ill. Adm. Code 108.206.
The Illinois Environmental Protection Agency (Agency) has not responded to the motion.
Therefore, pursuant to 35 Ill. Adm. Code 101.500(d), any objection the Agency may have to the
granting of the motion is deemed waived.
The Board grants Gates’ request for additional time to amend his original petition. Gates
is given until June 4, 2007, which is the first business day following the 30th day after this order,
to amend his original petition as directed in this and previous orders.
IT IS SO ORDERED.
I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
the Board adopted the above order on May 3, 2007, by a vote of 4-0.
___________________________________
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board