ILLINOIS POLLUTION CONTROL HOARD
    October 19,
    1995
    WILL COUNTY,
    )
    Complainant,
    v.
    )
    AC 95—50
    )
    (County No.
    95 AC
    10)
    CDT LANDFILL CORP.,
    )
    (Administrative Citation)
    Respondent.
    ORDER OF THE BOARD (by J.
    Yi):
    This matter is before the Board pursuant to
    a September 7,
    1995 filing of a motion for reconsideration by CDT Landfill,
    Corp.
    (CDT Landfill).
    cv’r
    Landfill is requesting the Board to
    reconsider our default order issued on August 24,
    1995.
    As of
    the date of this order Will County has not responded to the
    motion.
    This matter was before the Board upon the June 30, 1995
    filing of an administrative citation pursuant to Section 31.1 of
    the Illinois Environmental Protection Act
    (Act)
    by Will County.
    In that administrative citation Will County alleges that on April
    28,
    1995, CDT Landfill, present owner and/or operator of a
    facility located in Will County and commonly known to the County
    as CDT Landfill, violated Sections 21(o) (6) and 21(0) (9)
    of the
    Act.
    (415 ILCS 5/21(o) (6) and
    (o)(9)
    (1994).)
    The statutory
    penalty established for each violation is $500.00 pursuant to
    Section 42(b)(4)
    of the Act.
    (415 ILCS 5/42(b)(4)
    (1994).)
    CDT
    Landfill did not file a petition for review with the Clerk of the
    Board within 35 days of the date of service as allowed by
    Section
    31.1(d) (2) of the Act.
    (415 ILCS 5/31.1(d)(2)
    (1994).)
    Therefore,
    on August 24,
    1995, pursuant to Section 31.1(d) (1),
    the Board fbund that CDT Landfill had violated the provisions
    alleged in the administrative citation and issued an order
    assessing a penalty of $1,000.00.
    CDT Landfill requests the Board to reconsider the order of
    August 24,
    1995, on the basis that it did send a petition of
    review on July 5,
    1995 and that “~a)pparently, something happened
    and it did not properly reach your office but we can attest that
    it was placed in the mail by our office on July 5,
    1995.”
    Attached is a photocopied petition for review dated July 5,
    1995
    that has a typed docket number of AC 95-49 with the number 49
    crossed out and, with blue ink,
    a hand written number 50 in its
    place.
    Additionally there is a Will County designation of WC 95
    AC 10 below the docket number.
    CDT Landfill does not include an
    affidavit or any other information which demonstrates its
    2
    contention that it filed a timely petition for review in this
    matter.
    The Board’s rules at Section 101.246(d)
    state that the Board
    will consider factors including, but not limited to “error in the
    decision and facts in the record which are overlooked”.
    (35 Ill.
    Adm. Code 246.)
    CDT Landfill presents the Board with evidence
    which was not before the Board when it made its decision.
    Therefore we will review the Board’s prior decision.
    Will County also filed an administrative citation against
    CDT Landfill which has been docketed as AC 95-49
    and had a Will
    County designation of WC 95 AC 9 in addition to this
    administrative citation.
    On July 7,
    1995,
    CDT Landfill filed a
    petition for review which had a typed docket number of AC 95—49
    and a Will County designation of WC 95 AC 10 below the docket
    number which was dated July 5,
    1995.
    The Board docketed this as
    a petition for review in AC 95-49, which was accepted and
    consolidated with AC 95-38 by our order of July 20,
    1995.
    It may be that CDT Landfill was utilizing a form letter for
    the petition for review in
    both of these
    cases
    and had intended
    to alter the docket numbers to correspond to the two
    administrative citations.
    However, only one petition for review
    was ever actually filed with the Board.
    The fact that CDT
    Landfill filed with the motion for reconsideration a copy of a
    petition for review for AC 95-49 which had been altered in blue
    ink to reflect that it was for AC 95-50 does not demonstrate that
    a separate petition for review for AC 95-50 was ever filed.
    The
    Board will not accept one petition for review bearing one docket
    number to serve as a petition for review for two separate
    administrative citations.
    The Board has reviewed the motion to reconsider and finds
    that CDT Landfill has nOt pointed
    to any error in the Board’s
    original order, presented new facts or arguments or stated any
    other reason to conclude that the order was in error.
    Therefore,
    we affirm our order of August 24,
    1995.
    IT IS SO ORDERED.
    I, Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Bocr~,,j~iereby
    certify
    Wat
    the above order wac adopted on the
    /~—
    day of
    ,
    1995,
    by a vote of
    0.
    Dorothy I~7Gunn,Clerk
    Illinois/~’o1lutionControl Board
    BEFORE THE ILLINOIS POLLUTION CONTROL BOA
    STATE OP ILLINOIS
    COUNTY
    OF WILL
    SEP
    -7
    1995
    STATE
    OF
    ILLINOIS
    POLLUTION CONTROL BOARD
    PEOPLE OF THE COUNTY OF WILL,
    vs
    CDT LANDFILL CORP.
    Complainant,
    Respondent,
    AC95-4~50
    )
    )
    )
    WC 95 AC 10
    NOTICE OF FILING
    To:
    Ms.
    Cynthia Campbell
    Assistant State’s Attorney
    Will County State’s Attorney’s Office
    14 W. Jefferson Street
    Suite 200
    Joliet,
    Illinois 60431
    PLEASE
    TAKE
    NOTICE that on Wednesday,
    July 5,
    1995, the
    attached Appearance and Petition for Review were filed with
    (the Clerk
    of
    the Illinois Pollution Control Board, State of
    Illinois Center,
    100 West Randolph Street, Suite 11-500,
    Chicago,
    Illinois 60601.
    DAVIS, KAPLAN, DYSTRUP AND HOSTER,
    P
    .
    C.
    By:
    4~W~
    Scott M. Hoster #06190498
    DAVIS,
    KAPLAN, DYSTRUP and HOSTER,
    P.C.
    151
    N.
    Hammes
    avenue
    Joliet,
    Illinois 60435
    (815) 744-6550
    BEFORE THE ILLINOIS POLLUTION CONTROL BOAR
    STATE OF ILLINOIS
    COUNTY
    OF WILL
    PEOPLE OF THE COUNTY OF WILL,
    )
    Complainant,
    vs.
    CDT
    LANDFILL
    CORP.,
    ~RE~
    Respondent,
    WC 95 AC 10
    APPEARANCE
    NOW
    COMES the undersigned attorney, and hereby enters his
    GENERAL
    APPEARANCE on behalf of CDT Landfill Corp., who is a
    Rocpondent
    in the above captioned cause
    4~t
    /7Lo~2~
    Scott M. Hoster #06190498
    DkVTS,
    T~PL1~,1WSTRTTP
    and W)~1W,
    PC.
    181
    N.
    Hammes
    Avenue
    Joliet,
    Illinois
    60435
    (815)
    744-6550
    Scott
    M. Hoster
    STATE OF
    LUNO~S
    POLLUTION CONTROL BOARD
    AC
    95
    -
    .4.9~50
    PETITION FOR REVIEW
    SEP
    -
    71995
    STATF OF IllINOIS
    POLLUTION
    CONTROL
    BOARD
    NOW
    COMES
    the
    Respondent,
    CDT
    Landfill
    Corp.,
    by
    and
    through
    its attorneys
    Davis,
    Kaplan,
    Dystrup
    and Hoster,
    P.C.,
    and hereby
    denies
    the
    allegations
    filed
    by
    the
    County
    of
    Will
    and
    requests
    that they be granted a hearing thereon
    CDT Landfill Corp.
    By:
    Scott M. Hoster #06190498
    DAVIS,
    KAPLAN,
    DYSTRUP and HOSTER,
    P.C.
    181
    N. Hammes Avenue
    Joliet,
    Illinois
    60435
    (815)
    744-6550
    /‘~
    /1L~L
    Davis,
    Kaplan, Dyst~rupand
    Hoster,
    P.C.
    BEFORE THE ILLINOIS POLLUTION CONTROL BOARI
    STATE OF ILLINOIS
    COUNTY
    OF WILL
    PEOPLE
    OF
    THE
    COUNTY
    OF
    WILL,
    )
    Complainant,
    )
    AC95-~4~
    vs.
    CDT
    LANDFILL
    CORP.,
    )
    Recpond~nt,
    WC
    95
    AC
    10
    Notice
    of
    Filing
    Page
    2
    The undersigned,
    being first duly sworn on oath,
    deposes and
    says that she served a true copy of the above and foregoing Notice,
    together with a copy of
    the Appearance
    and Petition for Review
    therein referred to, upon the above named attorney by depositing
    same
    in
    the
    U.S.
    Mail
    Box,
    located
    at
    Joliet,
    Illinois
    on
    Wednesday,
    July 5,
    1995.
    -
    f
    Jeanne ~~rt
    Subscribed and sworn to before me
    this51~t-~day of
    9i.c.~Q~
    1995.
    &~cZ
    ~
    Notary
    Publiq~
    ~
    “OFFICIAL
    SEAL”
    ~
    ~
    PATRICIA A
    FITZ0E~AL0
    ~
    ~
    Wot~iy
    Public,
    Statd
    of
    Illittola
    ~
    ~ My
    CommI~Ion
    Expiro5
    1M/9~J
    Scott M. Hester #06190498
    DAVIS,
    KAPLAN, DYSTRUP and ROSTER,
    P.C.
    181 N. Hammes Avenue
    Joliet,
    Illinois 60435
    (815) 744-6550

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