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