ILLINOIS POLLUTION CONTROL BOARD
    January 19,
    1995
    ILLINOIS
    ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Complainant,
    )
    V.
    )
    AC 94—67
    )
    (IEPA No. 396-94-AC)
    )
    (Administrative Citation)
    )
    KIRK DANA,
    )
    )
    Respondent.
    ORDER OF THE BOARD
    (by C.
    A. Manning):
    On August
    8,
    1994, complainant Illinois Environmental
    Protection Agency
    (Agency)
    filed an administrative citation
    against respondent Mr. Kirk Dana.
    The Agency alleged that Mr.
    Dana had violated Section 21(p)(1) of the Environmental
    Protection Act
    (Act) by causing and allowing litter.
    (415 ILCS
    5/21(p) (1)
    (1992).)
    On September 15,
    1994 the Board entered a
    default order against Mr. Dana finding him in violation and
    imposed a $500.00 penalty pursuant to Section 31.1(d) (1) of the
    Act.
    (415 ILCS 5/31.1(d)(1)
    (1992).)1
    On October 11,
    1994 Mr. Dana sent a letter to the Board
    requesting that the Board reconsider the administrative citation
    issued by the Agency.
    Since Mr. Dana failed to file a timely
    appeal pursuant to Section 31.1 of the Act the Board construed
    this letter as a timely filed motion for reconsideration of our
    September 15,
    1994 default order and directed the Clerk of the
    Board to serve a copy of Mr. Dana’s letter on the Agency in order
    for it to respond.
    Mr. Dana states in this letter that a tire shredding
    business does not exist at the site and that the tires have been
    picked up.
    Furthermore, Mr. Dana states that the building at the
    address is a private building and questions why he is still being
    ‘Section 31.1(d) (1)
    of the Act states:
    If
    the
    person
    named
    in
    the
    administrative
    citation
    fails
    to
    petition the Board
    for review within
    35
    days from the date of
    service, the Board shall adopt a final order, which shall include
    the administrative citation and findings of violation as alleged in
    the citation, and shall impose the penalty specified in subdivision
    (b) (4) of Section 42.
    2
    inspected since tires have not been accepted for at least
    8 to 12
    months.
    On December 27, 1994 the Agency responded to Mr. Dana’s
    request for a motion for reconsideration.
    The Agency argues that
    the Board should deny the motion.
    In support of its position the
    Agency argues that the Board, pursuant to 35 Ill.
    Adm. Code
    Section 101.246(d),
    is to consider factors including, but not
    limited to, error in the decision and facts in the record which
    were overlooked when deciding a motion for reconsideration.
    The
    Agency concludes that there was no error in the law of the
    decision and that there were no facts in the record which were
    overlooked when we issued the September 15,
    1994 default order.
    Therefore,
    the Agency believes that the motion should be denied.
    The Agency also reiterates all the facts
    in support of its
    issuance of the citation and finds no reason to invalidate the
    default order which was properly issued pursuant to Section
    31.1(d) (1)
    of the Act.
    Pursuant to the Board’s procedural rule at 35 Ill.
    Adin. Code
    Section 101.246(d), we find that Mr. Dana has failed to provide
    the Board with any new facts or state an error in the decision in
    which a grant of the motion for reconsideration would be proper.
    Therefore, for these reasons the Board denies Mr. Dana’s motion
    for reconsideration.
    1.
    It is hereby ordered that, unless the ~enaltv has already
    been paid, within 30 days of the date of this order Kirk
    Dana shall, by certified check or money order payable to the
    Illinois Environmental Protection Trust Fund, pay a penalty
    in the amount of $500.00, which is to be sent to:
    Fiscal Services
    Illinois Environmental Protection Agency
    2200 Churchill Road,
    P.
    0. Box 19276
    Springfield, Illinois 62794—9276
    2. Respondent shall include the remittance form and write the
    case name and number and his social security or federal
    Employer Identification Number on the certified check or money
    order.
    3. Penalties unpaid after the due date shall accrue interest
    pursuant to Section 42(g)
    of the Illinois Environmental
    Protection Act.
    4. Payment of this penalty does not prevent future prosecution if
    the violation continues.
    IT IS SO ORDERED.
    3
    Board Member Joseph Yi abstained.
    N. Gunn,
    Clerk of the Illinois Pollution Control
    .fy that the above order was adopted on the
    1995, by a vote of
    ~.3~
    1/
    A-’
    1/
    ~
    Dorothy M1//Gunn, Clerk
    Illinois I~ôllutionControl Board
    day

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