ILLINOIS POLLUTION CONTROL BOARD
    October 25,
    1990
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Complainant,
    AC 89—115
    V.
    )
    (IEPA Case No. •9677—AC)
    (Administrative Citation)
    CITY OF ST. FRANCISVILLE, an
    )
    Illinois Municipal corporation,
    )
    Respondent.
    ORDER OF THE BOARD BY
    (J.
    C. Marlin):
    This matter comes before the Board on the September 28,
    1990
    motion filed by the respondent.
    The motion requests
    a review of
    the penalties assessed in
    a July
    13,
    1989 Default Order issued by
    the Board.
    That order found the City of St. Francisville
    operating a sanitary landfill in violation of Section 21(p) (5)
    and 21(p) (4)
    of the Environmental Protection Act.
    The Default
    Order was issued after respondent failed to file a petition for
    review with the Board.
    Respondent states in support of its
    motion that the regulations and penalty in this matter should be
    commensurate with the size of the community.
    Respondent also
    states that the delay in responding to this matter is due to “a
    change in the mayors office and this issue has just come to
    my
    attention.
    The Illinois Environmental Protection Agency
    (Agency)
    filed
    a “Response to Respondent’s Letter Asking for Review”
    on October
    18,
    1990.
    The Agency requests that the Board “not condone the
    respondent’s inaction.”
    To support its request the Agency’s
    response states that the City of St. Francisville
    (City) received
    the administrative citation on June
    8,
    1989, after which the City
    had thirty-five days to respond to the Board.
    The City did not
    respond and a Default Order was issued on July 13,
    1989.
    On
    March 19,
    1990, the Agency notified the City that the civil
    penalty from the Default Order was due.
    On June
    8,
    1990 the
    Attorney General’s Office notified the City that collection
    proceedings would be brought if payment was not received.
    On
    July 20,
    1990,
    the Attorney General’s Office filed a collection
    action against the City.
    The Board’s procedural rules
    (35 Ill.
    Adin. Code 101. et.
    seq.)
    provide several methods for relief from Board final orders.
    These methods are all constrained by time limits for filing for
    such relief.
    The City of St. Francisville states no basis for
    relief from the Board’s July 13,
    1989 final order.
    The motion is
    denied.
    115—479
    IT IS SO ORDERED.
    I,
    Dorothy M. 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
    7-c
    Dorothy M.~7Gunn,Clerk
    Illinois Pollution Control Board
    115—480

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