ILLINOIS POLLUTION CONTROL BOARD

September 27,

1990

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

)

Complainant,

AC 90—55

)

 (IEPA Case No.

 294-90-AC)

(Administrative Citation)

LINDELL LOVELESS,

Respondent.

ORDER OF THE BOARD BY

(J.

 C. Marlin):

-~-----This-matte.i~is before-the Board on -the~respondent’s ~let~t~erof

September 25, 1990, which the Board construes as a motion to vacate

the Default Order entered in this matter on August

30,

 1990.

The Board wishes

to

 receive

 further

 information

 about this

matter

 since

it

has

 similarities

to

 other

 cases

 where

the

AC

process and other compliance initiatives were used concurrently.

The Agency

 is hereby ordered to have its response to respondent’s

motion on file in the Board’s offices by October 17, 1990,

 in order

that

 the Board may c~onsiderthis matter at

 its October 25,

1990

meeting.

The

 Agency’s

 response

 should

 include

the

 following

information:

1)

a

 statement

of

the

 facts

 concerning

 this

 matter; including a chronology of the contacts

between the respondent and Agency

 personnel,

a brief description of what transpired during

each

 contact,

and

 whether

 there

was

any

discussion

of

 settling

the

 matter

and

withdrawing the citation,

2)

 copies of all written correspondence between

the respondent and the Agency relating to this

event, specifically whether the Agency received

any appeal from the respondent which could have

considered a timely filed petition for review,

had

 it been filed with the Board.

3)

 a statement as to whether or not the offending

situation

has

 been

 settled,

 cleaned

up,

rectified,

 or otherwise resolved,

4)

any

 comments

 concerning

 disposition

of

the

petition

 in light of the material attached to

the

 letter

 stating

 that

the

 respondent

is

allowed to treat, store, and dispose of certain

waste

 at his disposal

 site without

 an Agency

115—153

permit,

and

5)

 any other information which the Agency believes

to be pertinent to the Board’s deliberations.

IT IS SO ORDERED.

 Theodore Meyer 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

115-154