iL’~Ui~k’UL.i.aU.L~.LUi’I LcJNrKL)~L ~UAk(V
    October
    19, 1995
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Complainant,
    AC 96—2
    v.
    )
    (IEPA No. 405-95—AC)
    )
    (Administrative Citation)
    WILLIAM E. HANNA,
    )
    )
    Respondent.
    Order of the Board
    (by J.
    Yi):
    On June 28,
    1995 the Illinois Environmental Protection
    Agency
    (Agency)
    filed an administrative citation pursuant to
    Section 31.1 of the Act.
    (415 ILCB 5/31. 1
    (1994).)
    The
    administrative citation alleges that Mr. William Hanna violated
    Section 21(o) (1)
    of the Act by causing or allowing the occurrence
    of litter at an open dump on his property located in Carroll
    County,
    Illinois.
    (415 ILCS 5/21(o)(1)
    (1994).)
    The Clerk of
    the Board received a letter from Mr. Hanna on July 20,
    1995.
    On
    August 2,
    1995 the Agency filed a motion to dismiss this matter
    pursuant to Section 31.1 of the Act and 35 Ill. Adm. Code 101.103
    and 101.243 which the Board construed to be a request for the
    Board to enter a default order against Mr. Hanna.
    The Board denied the Agency’s motion, construing Mr. Hanna’s
    letter filed on July 20 as a petition for review,
    and allowed Mr.
    Hanna to either pursue this matter at hearing or withdraw the
    petition for review.
    The Board allowed Mr. Hanna,
    if he did not
    wish to proceed with this matter, to file
    a motion to dismiss
    with the Board by October 13,
    1995.
    If Mr. Hanna failed to file
    a motion to dismiss by October 13, 1995 we were to set this
    matter for hearing.
    Mr. Hanna did not file a motion to dismiss in this matter on
    or before October
    13,
    1995.
    Therefore this matter is accepted
    for hearing.
    The Board will assign a hearing officer to conduct
    hearings consistent with this order,
    and the Clerk of the Board
    shall promptly issue appropriate directions to that assigned
    hearing officer.
    If after appropriate consultation with the parties, the
    parties fail to providean acceptable hearing date or if after an
    attempt the hearing officer
    is unable to consult with the
    parties, the
    hearing officer shall unilaterally set a
    hearing
    date in conformance with the schedule above.
    The hearing officer
    and the parties are encouraged to expedite this proceeding as
    much as possible.
    2
    IT IS SO ORDERED.
    I, Dorothy N. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify
    t~t
    the above order was adopted on the
    /c/lZ~
    day of
    ___________________,
    1995,
    by a vote of
    7~9
    Dorothy M//Gunn, clerk
    Illinois(~àllutionControl Board

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