ILLINOIS POLLUTION CONTROL BOARD
    October
    6,
    1994
    COUNTY OF MACON
    AND
    ILLINOIS
    )
    ENVIRONMENTAL PROTECTION AGENCY,)
    )
    Complainant,
    V.
    )
    AC 94—66
    )
    (County No.
    94-3)
    MACON COUNTY LANDFILL CORP.,
    )
    (Administrative Citation)
    Respondent.
    ORDER OF THE
    BOARD
    (by G.
    T. Girard):
    This matter is before the Board on several filings by the
    parties.
    First on August 26,
    1994, the Board received a petition
    for review filed by respondent which includes three affirmative
    defenses.
    The affirmative defenses in effect are a motion to
    dismiss the administrative citation.
    (Pet.
    at 2—3.)
    Second, the
    Board received on August 29,
    1994,
    a motion filed by the
    complainant to waive the Board’s recycled paper rule at 35 Ill.
    Adm. Code 101.103(d).
    On September 7,
    1994, the Board received a
    response from complainant to the affirmative defenses.
    Finally,
    on September 9,
    1994,
    respondent filed an objection to the motion
    to waive the recycled paper rule.
    The respondent asserts that the failure to file the
    administrative citation on recycled paper resulted in an improper
    filing of the administrative citation.
    Respondent argues that
    because the citation was not properly filed with the Board within
    10 days of the date of service, pursuant to Section 31.1(b)
    of
    the Act, the citation should be dismissed.
    Complainant argues that the motion to waive the recycled
    paper rule was filed on August 26 by mailing and thus, prior to
    receipt of the affirmative defense filed by respondent.
    Complainant further asserts that the respondent was served a copy
    of the citation on August
    8,
    1994 and the citation was filed with
    the Board within 10 days of completed service.
    Therefore,
    complainant argues that Section 31.1(b)
    of the Act has been
    satisfied.
    The crux of the argument to dismiss this citation is the
    motion to waive the recycled paper rule.
    Therefore, the Board
    will decide that issue first.
    Complainant asserts that it is
    unable to make legible copies on the only copier available to it
    using recycled paper and therefore asks that the requirement be
    waived.
    Respondent asserts that it has the same type of copier
    and is able to make legible copies using recycled paper.
    The Board denies the motion to waive 35 Ill. Adm. Code
    101.103(d).
    The Board notes that the motion to waive the
    2
    recycled paper rule did not accompany the filing of the citation
    on non-recycled paper.
    Further, Macon County has in the past
    used recycled paper in its filings before the Board and was even
    the subject of a motion to strike for alleged failure to use
    recycled paper.
    (~,
    Waste Hauling,
    Inc. v. Macon County Board,
    PCB 91—223,
    132 PCB 105
    (April
    9,
    1992).)
    Therefore, Macon
    County was aware of the Board’s rule requiring the use of
    recycled paper when the citation was filed.
    Because the Board
    denies the motion to waive the recycled paper rule, the
    administrative citation is improperly filed and is therefore
    dismissed.
    This docket is closed.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Board, do hereby certify that the above order was adopted,on the
    __________
    day of
    ~
    ,
    1994,
    by a vote of
    ~
    Dorothy M./4unn,
    Clerk
    Illinois P~41utionControl Board

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