ILLINOIS POLLUTION CONTROL BOARD

November

3,

1994

COUNTY OF MACON,

)

Complainant,

v.

)

AC 94—68

(Administrative Citation)

RUBEN MURRELL,

)

Respondent.

ORDER OF THE BOARD

(by C.

A. Manning):

This matter is before the Board pursuant to an August

8,

1994 filing of an administrative citation by the County of Macon

(County).

The Board received on August 29,

1994,

a motion filed

by the complainant to waive the Board’s recycled paper rule at 35

Ill.

Adm. Code 101.103(d).

As of the date of this order the

Board has not received a petition for review from respondent.

The Board on October

6,

1994 in AC 94-66 denied the County’s

motion to waive the recycled paper rule.

The Board sees no

reason to waive the recycled paper requirement in this matter.

Therefore,

the Board denies the motion to waive 35 Iii. Adm. Code

101.103(d).

As in AC 94-66, the County’s motion to waive the

recycled paper rule did not accompany the filing of the citation

on non—recycled paper.

Macon County has in the past used

recycled paper

in its filings before the Board and was even the

subject of a motion to strike for alleged failure to use recycled

paper.

(~,

Waste Hauling,

Inc.

v. Macon County Board,

PCB 91-

223,

132 PCB 105

(April

9,

1992).)

Therefore, Macon County was

aware of the Board’s rule requiring the use of recycled paper

when the citation was filed.

Because the Board denies the motion

to waive the recycled paper rule, the administrative citation is

improperly filed and is therefore dismissed.

This docket is

closed.

IT IS SO ORDERED.

I, Dorothy M. Gunn,

Clerk of the Illinois Pollution Control

BoarcL

do hereby certi

that the above order was adopted on the

~

day of

______________,

1994,

by a vote o~

~

~,,;

~

Dorothy ~

Clerk

Illinois P6llution Control Board