ILLINOIS POLLUTION CONTROL BOARD
    July
    1,
    1993
    SANGANON
    COUNTY,
    Complainant,
    v.
    )
    AC
    93—12
    Docket
    A
    DAVE
    PHILLIPS
    AND
    )
    (Administrative
    Citation)
    EARLE PHILLIPS,
    )
    )
    Respondents.
    ORDER OF THE BOARD
    (by C.
    A. Manning):
    On March 31,
    1993,
    Sangamon County filed an Administrative
    Citation
    (AC) with the Board.
    The Environmental Protection Act
    (Act) allows parties
    35 days from the date of service to appeal
    the AC.
    (415 ILCS 5/3l.l(b)(4)(1992).)
    The respondents did not
    file a petition for review within 35 days.
    On May 20,
    1993,
    the
    Board entered a default order in this matter.
    On June 18, 1993,
    the respondents filed a motion for reconsideration from the
    default order.
    On June 25,
    1993,
    Sangamon County filed a
    response in opposition to the respondent’s motion for
    reconsideration.
    In their motion for reconsideration,
    the respondents state
    that they made several attempts to clean up their property but
    due to illness and family responsiblities,
    they were unable to
    clean the property.
    (Mot. at
    1.)
    Respondents also state
    in
    their motion that the open burning they were accused of was not
    garbage but instead, was wood.
    (Mot.
    at 2.)
    Finally,
    respondents state that they tried to clean up the area as soon as
    possible.
    (Mot.
    at 4.)
    In their response,
    Sangamon County states that the
    respondents failed to file a petition for review with the Board
    within 35 days of the date of service of the AC and that the
    respondents do not explain this failure to file in their motion
    for reconsideration.
    (Resp.
    at 1.)
    In addition,
    Sangamon County
    argues that the Board should not reconsider its default order
    since the respondents have failed to comply with the Board’s
    procedural rules concerning filing and service.
    (Resp. at 1.)
    The Board has previously held that the statute does not
    provide for removal of the litter after the issuance of the AC as
    a reason to find no violation.
    Additionally, clean up of a site
    is not a mitigating factor under the AC program.
    (See,
    IEPA v.
    Jack Wright
    (August
    30,
    1990), AC 89—227,
    114 PCB 863 and IEPA v.
    Dennis Grubaugh (October
    16,
    1992), AC 92—3,
    136 PCB 425.)
    Therefore,
    the respondent’s motion for reconsideration is denied.
    2
    The Board’s May 20,
    1993, default order
    is hereby modified
    to allow payment of the $1,000 penalty within thirty days of
    today’s order.
    The parties are to abide by the Board’s May 20,
    1993,
    default order as modified.
    IT
    IS
    SO
    ORDERED
    I,
    Dorothy
    M.
    Gunn,
    Clerk
    of
    the
    Illinois
    Pollution
    Control
    Board, hereby ce~t~.fy
    that the above order was adopted on the
    f/24~
    day of
    1993,
    by a vote of
    ‘7—.~2.
    ~
    A.
    ~
    Dorothy M. Gu~ Clerk
    Illinois Pol~ ion Control Board

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