ILLiNOIS
    POLLUTION
    CONTROL
    BOARD
    July 20,
    1995
    WILL COUNTY,
    )
    Complainant,
    V.
    )
    AC 95—41
    )
    (County No.
    95 AC 05)
    CARL SMITS,
    )
    (Administrative Citation)
    Respondent.
    ORDER OF THE BOARD:
    This matter comes before the Board upon the June 9,
    1995
    filing of an Administrative Citation
    (AC)
    pursuant to Section
    31.1 of the Illinois Environmental Protection Act
    (Act)
    by Will
    County.
    Service of the Administrative Citation was made upon
    Carl Smits on
    June
    6,
    1995.
    Will
    County
    alleges that
    on
    May 31,
    1995,
    Carl Smits present owner and/or operator of a facility
    located in Will County and commonly known to the County as Crete
    TWP./Smits Farm, violated Section 21(p)(1)
    of the Act.
    On July
    12,
    1995, the Board received a motion dated July 7,
    1995 requesting an extension of time through August
    7,
    1995 in
    which to file a petition for review in this matter.
    No response
    has been filed by the County.
    Service was completed on Mr.
    Smits on June
    6,
    1995,
    as
    recited in the citation and evidenced by the green return receipt
    card filed by the County with the petition.
    Pursuant to Section
    31(d) (2)
    of
    the
    Act,
    any petition for review must be filed within
    35 days of service of the AC.
    This 35 day limit is
    jurisdictional in nature, and one which the Board is without
    authority to extend.
    In this case, any petition was due to be filed on or before
    July
    11,
    1995; pursuant to
    35
    Ill. Adm. Code 101.102(d)
    “if
    received after any due date, the time of mailing shall be deemed
    the time of filing”.
    Consequently, had Mr. Smits filed a
    petition for review rather than the instant motion, he would have
    preserved his right to review of this citation.
    Under these
    circumstances, the Board will construe the motion to extend as a
    procedurally deficient,
    but timely filed, petition for review.
    The Board accordingly directs Mr.
    Smits to file an amended
    petition for review on or before August
    7.
    The amended petition
    for review must be correct in caption and in form and must set
    forth the grounds on which petitioner relies for his appeal
    (see
    Section 31.l(d)(2)).
    If an amended petition for review curing
    these deficiencies is not filed on or before August 7,
    1995,
    this
    matter will be subject to dismissal.
    IT IS SO ORDERED.
    I, Dorothy N.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board~herebycertify th
    the above order was adopted on the
    _______
    of
    ,
    1995,
    by a vote of
    4.
    Dorothy M.
    9~iT~n,Clerk
    Illinois Pc~.yitionControl Board

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