ILLINOIS POLLUTION CONTROL BOARD

December

2,

1993

SANGANON

COUNTY,

Complainant,

V.

)

AC

93—51

(SCDPH—9 3—AC—il)

PETER

P.APACZ,

)

(Administrative

Citation)

Respondent.

ORDER OF THE

BOARD

(by C.A. Manning):

This matter is before the Board on Complainant Sangamon

County’s November 22,

1993, Motion to Withdraw an Administrative

Citation filed against Respondent, Peter Rapacz.

This matter is

before the Board upon an October

4,

1993 filing of an

Administrative Citation pursuant to Section 31.1 of the Illinois

Environmental Protection Act

(Act).

On October

2,

1993, the

Administrative Citation was served upon Peter Rapacz.

Section

31.1(d) (2)

of the Act allow

a respondent thirty-five

(35) days to

file a Petition for Review with the Clerk of the Board in order

to challenge the Administrative Citation.

Peter Rapacz did not

file a Petition for Review pursuant to Section 31.1(d) (2), and

pursuant to Section 31.1(d) (1),

the Board on November 18,

1993,

entered a default order finding Peter Rapacz

in violation of

Sections 21(p) (1)

and 21(p) (3)

of the Act.

Sangamon County’s Motion to Withdraw was mailed on November

19,

1993,

one day after the Board entered its order finding Peter

Rapacz

in violation.

The motion to withdraw will be construed as

a motion to reconsider the Board’s order of November 18,

1993,

which

the Board accepts and herewith also grants the motion to

withdraw the Administrative Citation.

The Board’s order of

November 18,

1993,

is vacated.

The motion to withdraw is granted

and the docket in this matter

is closed.

IT IS SO ORDERED.

I,

Dorothy M.

Gunn,

Clerk of the Illinois Pollution Control

Board, hereby certify that the above Order was adopted on the

~

day of

__________________,

1993, by a vote of

______

~Dorothy M. ‘Gunn,

Clerk

Illinois Pollution Control Board