ILLINOIS POLLUTION CONTROL BOARD
July
16, 1987
IN THE MATTER OF:
FITZ—MAR LANDFILL,
INC.
)
AC
87—27
ISPA DOCKET 8306-AC
Respondent.
ORDER OF THE BOARD
(by J.D.
Duinelle):
This matter comes before
the Board upon a May
26, 1987,
Motion to Vacate Board Order
of May 14,
1987 filed by
Respondent.
On June 29,
1987,
the Agency responded by filing a
Motion
in Opposition to Respondent’s Motion.
The Agency stated
that Respondent was served the Administrative Citation, which is
the
subject of this proceeding,
on ~4arch30,
1987,
and that the
Citation informed Respondent that
a Petition for Review must be
filed within thirty-five days of
service
to avoid
a Default
Order.
By May
14,
1987,
the Respondent had not filed a Petition
for Review nor
had
it responded in any manner.
The Board
therefore issued a Default Order finding
a violation and imposing
a fine of
$500.
On May 2,
1987,
fifty—seven days after
service,
Respondent filed
the above—mentioned motion, and such motion
constitutes
the first pleading filed
by Respondent.
On July 13,
1987,
Respondent
filed
a Reply to the Agency’s motion.
Respondent’s only allegation of justification for the late filing
is that the Citation went unnoticed due
to the volumes of state
generated paperwork concerning
this landfill.
The Board
finds
this to be unpersuasive justification.
Respondent cannot now be
heard
to raise
issues which would have been properly before the
Board during the statutorily required thirty-five day time
period.
Respondent’s motion
to vacate
is denied.
IT IS SO ORDERED.
I,
Dorothy N.
Gunn, Clerk of the
Illinois Pollution Control
Board, here~ycertify that
t,1~e above Order was adopted on
the
~
day of
~
,
1987
by a vote
of
___________.
/
/
Ill
s Poll
on Control
Board
79-155