ILLINOIS POLLUTION CONTROL BOARD
    December
    6,
    1989
    ILLINOIS
    ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    )
    AC 89-196
    (Administrative Citation)
    V.
    )
    IEPA Case No. 9869—AC
    WAYNE
    D. MOLEN and FARMERS
    &
    MERCHANTS STATE BANK,
    Respondents.
    ORDER OF THE BOARD
    (by 3. Marlin):
    On October 18,
    1989 the Board entered
    a default order against
    the respondent,
    Farmers
    & Merchants State
    Bank
    (Bank)
    .
    The Bank
    informed the Board
    on October
    30,
    1989,
    that the default judgment
    should not have been entered because the Bank had mailed a Petition
    for
    Review.
    The
    Bank
    stated
    that
    the
    petition
    was
    nailed
    on
    September
    21,
    1989, which was within the permitted time period.
    On November
    2,
    1989,
    the Board construed the Bank’s October
    30th
    letter
    as
    a motion
    for reconsideration.
    The
    Board
    Order
    directed the Bank to refile the motion with proof of service on the
    Agency and to
    supply any affidavits
    to
    facts the Bank wished
    to
    assert.
    This
    matter
    is
    before
    the
    Board
    today
    on
    a
    motion
    for
    reconsideration of the October 18th Default Order filed by the Bank
    on November
    13,
    1989.
    In support of its motion the Bank attached
    two affadavits affirming that the Petition for Review was mailed
    on
    September
    21,
    1989
    to
    both
    the
    Board
    and
    the
    Illinois
    Environmental Protection Agency
    (Agency)
    The Board
    finds
    further
    support for the Bank’s motion
    in
    a
    November 27, 1989 Response to the Board Order of November
    2,
    1989,
    filed
    by
    the Agency.
    A copy
    of
    the
    September
    21 Petition
    for
    Review is in the Agency’s files.
    The Agency has taken the position
    that the letter was received before the default date and that there
    is no reason to question the assertions made in the affadavits.
    The Agency’s Response also addresses
    issues that will arise
    if the Board vacates the October 18th Default Order.
    The Response
    contains
    six questions concerning issues
    of representation of the
    Bank,
    representation of the respondent Wayne Molen, and the effect
    of vacating the Default Order on Mr. Molen who has not yet appeared
    before the Board.
    These questions were addressed
    in
    a December
    4,
    1989 letter
    from the Bank.
    The Bank stated that
    it was representing the Bank
    only and not representing Wayne Nolen.
    1fl6-~97
    The Board hereby accepts the Bank’s Petition for Review and
    vacates the Default Order of October
    18,
    1989.
    IT IS SO ORDERED.
    I,
    Dorothy
    M.
    Gunn,
    Clerk
    of the Illinois Pollution Control
    Bo,ardr
    hereby
    cerj4fy
    that
    the
    above
    Order
    was adopted
    on
    the
    ________
    day of~J~Y
    ~
    ,
    1989,
    by a vote cf
    ~
    ~
    Dorothy M.7’t~kinn, Clerk
    Illinois ~o1lution
    Control Board
    1r~i~
    ~

    Back to top