ILLINOIS POLLUTION CONTROL BOARD
February
8,
1990
ILLINOIS ENVIRONNENTAL
PROTECTION AGENCY,
)
Complainant,
v.
)
AC 89—164
IEPA NO. 9784-AC
(Administrative Citation)
KEMP MANUFACTURING
COMPANY,
Respondent.
ORDER OF THE BOARD BY
(J. Marlin):
This matter is before the Board on the January 22, 1990 Agency
response
to
Board
Order
issued
December
6,
1989
filed
by
the
Illinois
Environmental
Protection
Agency.
The
Board
issued
a
Default Order in this matter to the respondent on November 2,
1989.
The respondent filed a motion for relief from the Default Order on
November 17,
1989.
The
respondent
stated
in
the
motion
for
relief
that
no
petition for review was filed with the Board because
of confusion
as to whether or not a petition needed to be filed.
The Agency has
admitted,
in
similar
cases,
that
some
confusion
concerning
Petitions for Review may have occurred in the past, but states that
its procedures
have been
changed
to avoid
such confusion
in the
future.
After considering both the motion for relief and the response,
the Board believes that there is just cause to vacate its Default
Order
of
November
2,
1989.
The
Clerk
is
directed
to
set this
matter for hearing.
In addition, the Clerk is to attach,
for the
respondent’s
information,
Sections
21(p),
21(q),
31.1,
32,
and
42(b) (4)
of the Environmental Protection Act.
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
________________
,
1990,
by
a
vote
of
I
Dorothy
N. Gunn,
Clerk
Illinois Pollution Control Board
1OS—77