ILLINOIS POLLUTION CONTROL BOARD
    April
    12,
    1990
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    AC 90—7
    v.
    )
    IEPA No. 10105-AC
    (Administrative Citation)
    ROGER SMITH,
    Respondent.
    ORDER OF
    THE
    BOARD
    (by J. Marlin):
    This matter
    is before the Board on the April
    10,
    1990 Agency
    response
    to Board Order
    of March
    22,
    1990
    filed by the illinois
    Environmental Protection Agency.
    The Board issued a Default
    Order
    in this matter
    to the respondent
    on February
    22,
    1990.
    The
    respondent filed
    a petition
    to reopen on March
    2,
    1990.
    The
    Agency also filed a response which was received on March
    28,
    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
    February 22,
    1990.
    The Clerk
    is directed to set
    this matter
    for hearing.
    IT
    IS SO ORDERED.
    I,
    Dorothy M. Gunn,
    Clerk
    of the Illinois Pollution Control
    Board,
    hereby certify that
    the ab9ve Order
    was
    adopted
    on
    the
    /~?‘~
    day
    of
    _____________
    ,
    1990,
    by a
    vote
    off
    _________
    .
    Dorothy M.~unn, Clerk
    Illinois
    Pollution
    Control
    Board
    110—83

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