ILLINOIS POLLUTION CONTROL BOARD
    November
    2,
    1989
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    v.
    )
    AC 89—178
    )
    (IEPA No.
    9829-AC)
    )
    (Administrative Citation)
    CITY OF HARVEY,
    Respondent.
    ORDER OF THE BOARD
    (by J. Marlin):
    This matter comes before the Board upon
    a motion
    to vacate
    filed by the respondent on October
    10,
    1989.
    The Agency filed a
    response on October
    13,
    1989.
    The respondent
    requests that the
    Board vacate its Order of September
    28,
    1989.
    That Order found
    the respondent
    to be
    in violation of Sections 2l(q)(1),
    2l(q)(3)
    and 21(q)(5)
    of the Environmental Protection Act
    (Act).
    The administrative citation was filed by the Illinois
    Environmental Protection Agency
    (Agency)
    on August
    14,
    1989.
    The
    respondent was served with the citation on the same date.
    The
    respondent did not file a petition for review with the Board
    within the
    35 day statutory time period.
    Therefore,
    the Board
    issued the Order on September
    28,
    1989 finding the
    respondent
    in
    violation.
    The respondent asserts that
    it failed
    to file a timely
    petition for review because
    “it was
    in the process of varifying
    ownership of the subject property
    in order
    to file an appropriate
    response and was under
    the mistaken belief that the hearing would
    not commence until prior notification was given to either
    the
    City of Harvey
    jor its attorneys”
    (Motion, p.2).
    In its response the Agency states:
    That open dumping on said private property
    is not the
    crux of the Agency violations against
    the City of
    Harvey.
    Rather,
    the crux of
    the allegation pertains
    to
    open dumping on the City of Harvey side of said Rockwell
    Street.
    (Ag. Response, p.1).
    The Agency neither
    supports nor opposes
    the respondent’s
    motion.
    inS
    71
    —2—
    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.
    1114, par.
    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,
    100
    cc.
    Randolph,
    Suite 11—500, Chicago,
    Illinois
    60601, and
    a copy of said Petition for Review
    filed with the Illinois Environmental
    Protection Agency.
    (AC 89—178 at
    4).
    Section 31.1 of the Act similarly 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.
    1114, par.
    lO3l.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 within
    35
    days of the date of service
    of
    the
    administrative citation.
    The
    respondent never filed
    a petition for review with
    the Board and
    the Board subsequently issued
    a default Order on September
    28,
    1989.
    Moreover,
    the Agency does not state that the citation was
    improperly
    issued.
    The respondent’s motion
    to vacate
    is hereby
    105--72
    —3—
    denied.
    See In Re:
    Ray Schroeder, AC 89—132
    (September 28,
    1989).
    Section 41 of the Environmental Protection Act,
    Ill. Rev.
    Stat.
    1987 ch. 1ll~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 Members
    J.D.
    Dumelle and M.
    Nardulli dissented.
    I, Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board,
    hereby certify that
    h
    above Order was adopted on
    the
    ~‘~‘
    day of _________________________,
    1989, by a
    vote
    of
    ~
    Dorothy M. ,~4inn, Clerk,
    Illinois Pd~lutionControl Board
    105
    73

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