ILLINOIS POLLUTION CONTROL
BOARD
February
8,
1990
ILLINOIS ENVIRONNENTAL
PROTECTION AGENCY,
)
Complainant,
V.
)
AC 89—191
)
IEPA NO.
9859-AC
(Administrative Citation)
ADOLPH LO,
)
Respondent.
ORDER OF THE BOARD BY
(R. Flemal):
This matter is before the Board on the January 22, 1990 Agency
response to Board Order of December
6,
1989 filed by the Illinois
Environmental Protection Agency.
The Board issued a Default Order
in
this
matter
to
the
respondent
on
October
18,
1989.
The
respondent filed a petition to reopen on November
13,
1989.
The
respondent
also filed a reply to the Agency’s response which was
received on February
6,
1990.
The
respondent
claimed
in
the petition
to
reopen
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
petition
to
reopen
and
the
response,
the Board believes
there
is
just
cause
to
vacate
its
Default Order of October
18,
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 N.
Gunn,
Clerk of the Illinois Pollution Control
Board,2 1~ereby certify that’the
above
Order
was
adopted
on
the
___________
day
of
__________________
,
1990,
by
a
vote
of
/
/
Dorothy N.
Gunn,
Clerk
Illinois Pollution Control Board
108—79