ILLINOIS POLLUTION CONTROL BOARD
    March 16, 2000
    COUNTY OF SANGAMON,
    Complainant,
    v.
    AMERICAN TREE SERVICE, ROY F.
    THROOP,
    Respondent.
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    AC 00-33
    (SCDPH 99-AC-21)
    (Administrative Citation)
    ORDER OF THE BOARD (by N.J. Melas):
    On January 31, 2000, respondent American Tree Service, Roy F. Throop timely filed a
    motion for reconsideration with the Board. In the motion for reconsideration, respondent
    requests that the Board vacate the January 20, 2000 order in this matter. Complainant, the
    County of Sangamon, has not objected to the motion for reconsideration. The Board grants the
    motion for reconsideration.
    BACKGROUND
    In the January 20 order, the Board determined that respondent failed to petition the
    Board for review of the administrative citation within 35 days from the date of service. See
    County of Sangamon v. American Tree Service, Roy F. Throop (January 20, 2000), AC 00-
    33. According to the pleadings that the Board had on January 20, it appeared that complainant
    served respondent with the administrative citation on October 28, 1999. Section 31.1(d) of the
    Environmental Protection Act (Act) provides respondent 35 days to petition the Board for
    review. 415 ILCS 5/31.1(d) (1998). The 35-day deadline was December 2, 1999.
    Respondent did not petition the Board for review until December 15, 1999.
    As a result, in the January 20 order the Board held that it did not have jurisdiction to
    accept this matter for hearing, and the Board also vacated its January 6, 2000 order which
    accepted this matter for hearing. See 415 ILCS 5/31.1(d) (1998); County of Sangamon v.
    American Tree Service, Roy F. Throop (January 6, 2000), AC 00-33. Also in the January 20
    order, the Board found that respondent violated Section 21(p)(3) of the Act as alleged in
    complainant’s October 27, 1999 administrative citation. See 415 ILCS 5/21(p)(3), 31.1(d)
    (1998).
    DISCUSSION
    Respondent states that the parties stipulated that respondent was served with the
    administrative citation sometime between November 10, 1999, and November 16, 1999. This
    stipulation is reflected in the text of the motion for reconsideration and in a December 10, 1999
    letter that respondent sent to complainant. The letter is attached to the motion for
    reconsideration as Exhibit A.
    2
    As a result, even if respondent was served with the administrative citation as early as
    November 10, 1999, the Board finds that respondent filed the December 15, 1999 petition for
    review within the 35 day timeframe set forth in Section 31.1(d) of the Act.
    CONCLUSION
    The Board grants the motion for reconsideration. The Board also reinstates the January
    6, 2000 order in this matter and vacates the January 20, 2000 order in this matter. The Board
    directs that this matter proceed to hearing as expeditiously as practicable. The assigned hearing
    officer must set the matter for hearing in accordance with the requirements of the Act and the
    Board’s procedural rules.
    ORDER
    1.
    The Board grants respondent’s motion for reconsideration.
    2.
    The Board vacates its January 20, 2000 order in this matter. See County of
    Sangamon v. American Tree Service, Roy F. Throop (January 20, 2000), AC
    00-33.
    3.
    The Board reinstates its January 6, 2000 order in this matter. See County of
    Sangamon v. American Tree Service, Roy F. Throop (January 6, 2000), AC
    00-33.
    4.
    The Board directs that this matter proceed to hearing as expeditiously as
    practicable.
    IT IS SO ORDERED.
    Board Member E.Z. Kezelis abstained.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the 16th day of March 2000 by a vote of 4-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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