ILLINOIS POLLUTION CONTROL BOARD
    June 2,
    1994
    COUNTY
    OF JACKSON
    )
    )
    Complainant,
    )
    v.
    )
    AC 93—49
    (Administrative Citation)
    )
    PATRICK CHEAK,
    )
    )
    Respondent.
    ORDER OF THE BOARD:
    (C.
    A. Manning)
    On October
    4,
    1993 the County of Jackson
    (County) filed this
    administrative citation against Patrick Cheak alleging violations
    of Section 21(p) (1) and 21(p) (5) of the Environmental Protection
    Act
    (Act)
    (415 ILCS 5/21(p)(l)and
    (5)
    (1992).)
    Patrick Cheak
    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.
    Pursuant to Section 31.1(d) (1) of the
    Act, on November 18,
    1993, the Board entered a Default Order
    finding Patrick Cheak in violation of the provisions of the Act
    alleged in the administrative citation.
    On May 2, 1994 the County filed a motion to dismiss the
    administrative citation against Patrick Cheak.
    In support of its
    motion the County states that Mr. Cheak has cleaned up the site
    and is in compliance of the law.
    Therefore, the County requests
    the Board to dismiss the administrative citation.
    Section 41 of the Act and the Board procedural rules
    provides for an appeal of final orders of the Board within 35
    days of the issuance of those orders.
    The Board entered the
    default order almost six
    (6) months ago.
    The County now is
    requesting the Board to dismiss or withdraw the order for the
    reason that the respondent has now cleaned up his property.
    The
    Board has found that the Act, by its terms,
    does not envision a
    properly issued administrative citation being dismissed or
    mitigated because a person is cooperative after its issuance or
    voluntarily cleans up the site.
    (See, IEPA v. Jack Wright,
    (August 30,
    1990), AC 89—227,
    114 PCB 863 and IEPA v.
    Dennis
    Grubaugh,
    (October 16,
    1992), AC 92—3,
    136 PCB 425.)
    Additionally, the Board’s authority to vacate a default
    order is limited by statute, which has built-in time constraints
    for the complainant, the respondent and this Board.
    Section
    31.1(d) (1)
    states:
    If the person named
    in the administrative citation fails to
    2
    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.
    The Board in this case, based on these facts, declines to
    exercise any authority it may have to vacate a default order
    after the statutory time to appeal.
    The motion is denied.
    IT IS SO ORDERED.
    I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certif~ that the above order was adopted on the
    ~
    day of
    ,
    1994, by a vote of_________
    )~
    Dorothy N. G
    n, Clerk
    Illinois Po
    1 tion Control Board

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