ILLINOIS POLLUTION CONTROL BOARD

November

2,

1989

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Petitioner

)

AC 89—196

(Administrative Citation)

v

WAYNE D. MOLEN and FARMERS

&

)

MERCHANTS STATE BANK,

)

Respondents

)

ORDER OF THE BOARD

(by J. Marlin):

This matter

is before the Board on an October

30,

1989

letter from the respondent,

Farmers

& Merchants State Bank.

The

Board construes this letter as a motion for reconsideration of

its Order

of October

18,

1989,

in which the Board entered a

judgment in default against the respondents.

This letter asserts

facts not of record.

It also includes no certificate of

service

on the Environmental Protection Agency (Agency).

For

the foregoing reasons,

the Board hereby directs

as

follows:

1.

Farmers

& Merchants State Bank has ten days from the

date of this order within which

to refile a motion for

reconsideration together with proof of service on the

Agency and supporting affidavits as to any facts

not of

record that

it

wishes

to assert, and

2.

The Agency is given

ten days from the date of any motion

for reconsideration from Farmers

& Merchants State Bank

within which to file a response.

IT IS SO ORDERED.

I, Dorothy M. Gunn,

Clerk

of the Illinois Pollution Control

Board, hereby certify that the above Order was adopted on

the

~

day of

~

,

1988, by a vote of

~

on Control Board

105—75