ILLINOIS POLLUTION CONTROL BOARD
October 18, 2001
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
TERRY AND LATISHA SPRINGER,
Respondents.
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AC 02-7
(IEPA No. 390-01-AC)
(Administrative Citation)
ORDER OF THE BOARD (by C.A. Manning):
On September 4, 2001, the Illinois Environmental Protection Agency (Agency) timely
filed an administrative citation against Terry and Latisha Springer (Springers).
See
415 ILCS
5/31.1(c) (2000); 35 Ill. Adm. Code 108.202(c). The Agency alleges that the Springers violated
Section 21(p)(1) of the Environmental Protection Act (415 ILCS 5/21(p)(1) (2000)). The
Agency further alleges that the Springers violated this provision by causing or allowing open
dumping at a facility in Jersey County.
As required, the Agency served the administrative citation on the Springers within “60
days after the date of the observed violation.” 415 ILCS 5/31.1(b) (2000);
see also
35 Ill. Adm.
Code 108.202(b). On October 11, 2001, an unsigned petition to contest the administrative
citation was filed on stationery under the printed heading and address of “Terry and Litisha
Springer.”
See
415 ILCS 5/31.1(d) (2000); 35 Ill. Adm. Code 108.204(b).
A petition for review must contain certain information and documents as specified in
Parts 101 and 108 of the Board's procedural rules (35 Ill. Adm. Code 101, 108), including a
signature. The petition must contain a notice of filing and a certificate of service, among other
things. The October 11, 2001 filing failed to include a signature or any of these documents.
While the Board will deem the Springers' petition to be timely filed, the Board will not
accept this matter for hearing unless and until the Springers file an amended petition curing the
noted deficiencies.
The Board grants the Springers leave to file an amended petition for review. If an
amended petition curing these deficiencies is not filed within 35 days of the date of this order,
that is on or before November 22, 2001, a default order may be entered.
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above order on October 18, 2001 by a vote of 7-0.
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Dorothy M. Gunn, Clerk
Illinois Pollution Control Board