ILLINOIS POLLUTION CONTROL BOARD
    September 27, 1990
    COUNTY OF JACKSON,
    Complainant,
    AC 90—57
    V.
    )
    (Administrative Citation)
    FRANK DOAN
    )
    Respondent.
    ORDER OF THE~B0ARDBY
    (J. C~M~r1i~n)~
    This matter comes before the Board on a September
    7,
    1990
    motion for withdrawal of violation alleged in administrative
    citation AC 90-57 filed by the complainant, the County of
    Jackson.
    The Board is construing this filing as a timely filed
    motion for reconsideration
    of its August 30,
    1990 Order in this
    matter.
    Pursuant to Section 101.246(a)
    of the Board’s Procedural
    Rules,
    a motion for reconsideration of a final Board order must
    be filed within
    35 days of the adoption of that order.
    Subsection
    (b)
    of Section 101.246 allows
    14 days for a response
    to be made to any motion for reconsideration.
    In support of its motion the County of Jackson states that
    the respondent has paid the civil penalty for two of the three
    violations alleged inthe~administrative citation and has come
    into compliance with regards to the remaining violation.
    The
    County of Jackson requests that the remaining violation be
    withdrawn.
    The Board received a copy of the administrative citation
    issued to Doan on July
    6,
    1990.
    No petition for review was filed
    by Doan.
    In acóordance with Section 31.1(d) (1)
    of the
    Environmental Protection Act
    (Act)
    the Board issued an Order on
    August
    30,
    1990 finding Doan in violation of Sections 21(q) (1),
    2l(q)(2),
    and 21(q)(5)
    as alleged in the citation.
    The Order
    also imposed the civil penalty required by the Act for each of
    the three violations.
    The Board hereby grants the motion for reconsideration and
    reopens this docket.
    The respondent,
    Frank Doan may file a
    response in the Board’s offices by October 11,
    1990.
    115—155
    The Board notes that this case differs from the prior case
    of In the Matter of: John R. Vander,
    AC 88-99
    (March 9,1989),
    in
    that the complainant in Vander did not file a timely motion.
    IT IS SO ORDERED.
    J. 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
    N.
    Gunn,
    Clerk
    Illinois Pollution Control Board
    115—156

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