ILLINOIS POLLUTION CONTROL
    BOARD
    April 8,
    1993
    SANGANON COUNTY,
    )
    Petitioner,
    )
    V.
    )
    AC 92—77
    (SCDPH—92—AC—19)
    MCCABE PACKING
    COMPANY,
    )
    (Administrative Citation)
    )
    Respondent.
    ORDER OF THE BOARD
    (by J.
    C.
    Marlin):
    On November 4,
    1992,
    Sangainon 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 5/31.1(b)(4)(1992).)
    McCabe did not file a
    petition for review within 35 days.
    On December 17,
    1992, the
    Board entered a default order in this matter.
    On February 11,
    1993, the parties filed a stipulated agreement with the Board.
    On February 25,
    1993, the Board ordered the parties to abide by
    the December 17,
    1992 default order since the stipulation was not
    timely filed as a motion for reconsideration.
    (See,
    35
    Ill. Adm.
    Code 101.246.)
    On March 29,
    1993, Sangamon County filed a motion for
    reconsideration of the Board’s February 25,
    1993 order.
    In its
    motion, Sangamon County states that the parties engaged in
    extensive negotiations to remedy the violations of the Act.
    (Mot.
    at 1.)
    In support of this argument, on April
    1,
    1993,
    Sangamon County filed copies of correspondence between itself and
    respondent.
    Additionally, Sangamon County argues that compliance
    with the Act and not punitive damages is the goal of enforcement
    proceedings under the act.
    (Not.
    at 1.)
    The Board notes that although the letters show that the
    parties began negotiation in November of 1992, no attempt was
    made to inform the Board that negotiations were in progress.
    Additionally, McCabe’s letter to Sangamon dated December 8,
    1992,
    acknowledges that the time to petition the Board for review of
    the AC expired on December 8,
    1992.
    Moving to Sangainon’s argument that compliance with the Act
    is the goal of enforcement proceedings, the Board notes that it
    has previously held that the statute does not provide for removal
    of the litter after the issuance of an 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, _PCB_.)
    o1L~1-O1t~9
    2
    No petition for review was filed
    in this case and the motion
    for reconsideration of the Board’s December 17,
    1992 default
    order was not timely filed.
    Therefore, for the reasons stated
    above, Sangamon County’s motion for reconsideration is denied.
    The Board’s December 17,
    1992 default order
    is hereby
    modified to allow payment of the $1,500.00 penalty within thirty
    days of today’s order.
    The parties are to abide by the Board’s
    December 17,
    1992 default order as modified.
    IT IS SO ORDERED.
    I, Dorothy N. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify that the above order was adopted on the
    Y~Z~dayof _______________________,
    1993,
    by a vote of
    //
    (
    ~
    (
    /_~
    /
    I-
    ~
    borothy M. Gun~,Clerk
    Illinois Pollu1tion Control Board
    OIL1.
    1-0
    150

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