ILLINOIS POLLUTION CONTROL

BOARD

September 28, 1989

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

)

Complainant,

v.

)

AC 89—132

(Administrative Citation)

RAY

SCHROEDER,

Respondent.

ORDER OF THE BOARD

(by J.

Marlin):

This matter comes before

the Board upon a motion to vacate

filed by the respondent on September 11,

1989.

Respondent

requests that the Board vacate its Order of July

27,

1989.

That

order found the respondent

to be in violation of Section 2l(q)(1)

of the Environmental Protection Act (“Act”)

for causing or

allowing open dumping which resulted

in litter at the

respondent’s dump site in Woodford County.

The administrative citation was filed by the Illinois

Environmental Protection Agency

(“Agency”) on June 28,

1989.

The

respondent did not file

a petition for review with the Board

within the

35 day statutory deadline.

Therefore,

the Board

issued the Order

on July 27,

1989 finding the respondent in

violation of Section

21(q) (1)

of

the Act.

In respondent’s motion to vacate,

respondent states that he

filed a petition for review on June 23,

1989.

This petition was

not filed with the Board.

Respondent also states that sometime

after July

5,

1989 he filed a petition for review,

Whether there

were one or two petitions for

review,

none were filed with the

Board either within the

35 day statutory deadline or up until the

filing of

this motion

to vacate.

Both the Act and the administrative citation issued to the

respondent clearly state

that the respondent may appeal an

administrative citation by filing a petition for

review with this

Board within 35 days of service of the citation upon the

respondent.

Both the Act and the citation also state

that

if

the

respondent

does not file a petition for review within 35 days

then the Board will enter

a default

judgment.

The administrative

citation issued

to the respondent states

in pertinent part:

You have the right

to contest this Administrative

Citation.

See Ill. Rev.

Stat.

1987,

ch. lll~,par.

103—565

---

—2—

1031.1.

If you elect

to contest this Administrative

Citation, you must file a Petition for Review with the

Clerk of the Illinois Pollution Control

Board.

A copy

of the Petition for Review should

be filed with the

Illinois Environmental Protection Agency.

Such Petition

for Review must be filed within thirty—five

(35) days of

the date of service of

this Administrative Citation,

or

a default judgment shall be entered by the Pollution

Control Board.

The Petition for Review may be filed

with the Clerk

of the Illinois Pollution Control Board

at the State of Illinois Center,

100 W. Randolph, Suite

11—500, Chicago,

Illinois 60601;

and,

a copy of said

Petition for Review filed with the Illinois

Environmental Protection Agency.

(AC 89—132 at 3).

Section 31.1 of the Act similarily states in pertinent part:

If the person named

in the administrative

citation fails to petition the Board

for

review within 35 days from the date of

service, the Board shall adopt

a final

order, which shall include the

administrative citation and findings of

violation as alleged in the citation, and

shall impose

the penalty specified in

subdivision (b)(4)

of Section 42.

Ill.

Rev. Stat.

ch. 1ll~,par. 1031.l(d)(l).

(Also see In

re: John

Vander, AC 88-99, March 9,

1989).

The respondent was given the opportunity

to contest

this

administrative citation by filing a petition for review with the

Board on or before July 21,

1989.

The respondent

never filed a

petition

for review with the Board and the Board subsequently

issued a default Order on July

27,

1989. The respondent’s motion

to vacate

is hereby denied.

The Board will allow the respondent

an additional

35 days from the date of this order

to comply with

the Board’s July 27,

1989 order.

Section

41 of the Environmental Protection Act,

Ill. Rev.

Stat.

1987,

ch. lll~,par.

1041, provides

for appeal of Final

Orders of the Board within

35 days..

The Rules of

the Supreme

Court of Illinois establish filing requirements.

IT

IS SO ORDERED.

Board Member J. Anderson concurred.

1fl3

566

---

—3—

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify that the

bove Order was adopted on

the

~‘cS~~

day of _________________________,

1989,

by a

voteof

~—o

.

Illi

tion Control Board

103—567