ILLINOIS POLLUTION CONTROL BOARD
    September 19, 1996
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    v.
    JOSEPH C. SMITH and LAVERNE
    A. SMITH,
    Respondents.
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    AC 97-2
    (IEPA No. 289-96-AC)
    AC 97-4
    (IEPA No. 290-96-AC)
    (Administrative Citation)
    (Consolidated)
    ORDER OF THE BOARD (by J. Theodore Meyer):
    As a preliminary matter, the Board on its own motion has consolidated AC 97-2 with
    AC 97-4 since both administrative citations involve the same respondents and the sites are
    located on the same property. These matters are before the Board on a September 10, 1996
    motion to dismiss filed by the Illinois Environmental Protection Agency (Agency). The
    Agency states that these administrative citation were served upon respondents on July 11,
    1996. Pursuant to section 31.1(d)(1) of the Environmental Protection Act, respondents had
    until August 15, 1996 to file a petition for review with the Board. The Agency states that
    respondents submitted their petition for review on August 21, 1996; therefore, it should be
    dismissed as untimely filed.
    On September 16, 1996, respondents filed a response to the Agency’s motion to
    dismiss, stating that their petition for review was placed in the mail on August 14, 1996.
    Pursuant to 35 Ill. Adm. Code 101.144(b) service is complete on the date specified on the
    registered or certified mail receipt. Since the respondents’ certified mail receipt shows a date
    stamp of August 14, 1996, the Board finds that respondents have timely filed their petition for
    review. Therefore the Agency’s motion to dismiss is denied. This matter shall proceed to
    hearing.
    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 ___________, 1996, by a vote of
    ______________.
    ___________________________________
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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