ILLINOIS POLLUTION CONTROL BOARD
December 20,
1990
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Complainant,
AC 89—207
v.
)
(IEPA Case No. 9892—AC)
(Administrative Citation)
CHICAGO HEIGHTS REFUSE
)
DEPOT,
INC.,
)
Respondent.
ORDER OF THE BOARD BY
(J.
C. Marlin):
This matter comes before the Board on the November 19,
1990
petition filed by the respondent.
The petition requests that the
Board vacate a November 2,
1989 Default Order against the
respondent.
That order found the Chicago Heights Refuse Depot
operating a sanitary landfill in violation of Section 21(p) (3)
of
the Environmental Protection Act.
The Default Order was issued
after respondent failed to file a petition for review with the
Board.
The Illinois Environmental Protection Agency
(Agency)
filed
an “Agency Motion in Opposition to Petition to Vacate” on
November 29,
1990.
The Agency states that the respondent has
been a party to a prior administrative citation proceeding and is
therefore aware of the time limits for filing a petition for
review and a motion for reconsideration.
The Board’s procedural rules
(35 Ill. Adm. Code 101) provide
several methods for relief from Board final orders.
These
methods are constrained by time limits for filing for such
relief.
The petition of Chicago Heights Refuse Depot is not
timely filed and states no basis for relief from the Board’s
November 2,
1989
final order.
The petition is hereby denied.
IT IS SO ORDERED.
I, Dorothy N.
Gunn,
Clerk of the Illinois Pollution Control
Boar~hereby certify t at the above Order was adopted on the
c’~’~~day of
________________,
1990, by a vote of
o
.
Dorothy N. Gjz~n, Clerk
Illinois Po~utionControl Board
117—193