ILLINOIS POLLUTION CONTROL BOARD
    December 14, 1994
    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 5/3l.l(d)(l)
    (1992).)
    On October 11,
    1994 Mr. Dana sent a letter to the Board
    requesting that the Board reconsider the administrative citation
    issued by the Agency.
    This letter was forwarded to the Agency,
    as it was addressed to the Agency and did not reference a docket
    number or otherwise clearly indicate that it was in reference to
    a matter before the Board.
    On November
    9,
    1994 the Agency sent
    the letter back to the Board noting that Mr. Dana was requesting
    to be heard in this matter.
    The Board will construe this letter
    as a timely filed motion
    for reconsideration of our September 15,
    1994 default order.
    The Clerk of the Board shall serve a copy of Mr. Dana’s
    letter on the Agency in order that it can respond.
    The Agency
    shall respond on or before January
    6,
    1995.
    The Board presently
    anticipates that it will act on this motion at its January 12,
    1995 meeting.
    IT IS SO ORDERED.
    Board Member Joseph Yi abstained.
    2
    I, Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Boar
    ereby certi~fythat the above order was adopted on the
    /)
    ‘~‘
    day
    of
    ,
    1994, by a vote
    __________
    Dorothy
    M.
    ç’unn, Clerk
    Illinois P9~LlutionControl Board

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