ILLINOIS POLLUTION CONTROL
BOARD
June 21, 1990
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
)
Complainant,
AC 89—120
v.
)
IEPA No. 9691-AC
(Administrative Citation)
WILLIAM WHITE,
)
Respondent.
ORDER OF THE BOARD
(by J. Anderson):
On July 27,
1989,
the Board entered a default order in this
matter,
finding a violation of Section 21(q) (1)
of the Illinois
Environmental Protection Act and imposing a $500.00
fine.
On
April
2,
1990,
Mrs. William White filed a Motion for
Reconsideration
of the Board’s July 27,
1989 default order.
On
April 12,
1990, the Board issued an order seeking additional
information from the Illinois Environmental Protection Agency
(Agency) regarding the matter.
The Agency filed its response to
the order on May 7,
1990.
On May 24,
1990, the Board issued a
second order requesting Mr. White to respond to the Illinois
Environmental Protection Agency’s
(Agency’s) May 7,
1990
response,
and requesting the Agency to provide further
information in this matter.
Mrs. White filed a response to the
Board’s order on June
6,
1990.
The Agency filed its response on
June 11,
1990.
On June 18,
1990,
Mrs.
White filed
a reply to the
Agency’s June 11,
1990 response.
At the outset, the Board notes that Mrs. White filed her
June 18,
1990 reply without leave of the Board.
We will give
Mrs. White the benefit of the doubt of not knowing of the Board’s
procedural requirements because she
is acting pro
~,
and accept
the reply.
The Board also notes that it initiated the request
for more information and that it
is in the interest of all
concerned to elicit as much information as possible in this
matter.
With regard to the Motion for Reconsideration,
Mrs. White
claims that no Petition for Review was filed with the Board
because of confusion as to whether or not a petition needed to be
filed.
Although the Agency admits that this case precedes a
change in its procedures that was made to avoid confusion of this
nature,
it recommends denial of the Motion for Reconsideration.
After a careful review of all of the above-mentioned
filings, the Board believes there
is just cause to grant the
Motion
for Reconsideration, vacate our July 27,
1989 default
order, and dismiss this proceeding.
112—427
2
IT IS SO ORDERED.
Board Members J. Marlin,
J. Theodore Meyer, and B. Forcade
dissented.
I,Dorothy N. 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
/
/
/
Dorothy M.~Gunn, Clerk
Illinois Pollution Control Board
112—428