ILLINOIS

POLLUTION

CONTROL BOARD

June 23,

1994

COUNTY

OF

MACON

AND

THE

)

ILLINOIS

ENVIRONMENTAL

)

PROTECTION

AGENCY,

)

)

Complainant,

v.

)

AC

94—39

)

(SA File No. NC/EPA #941)

(Administrative

Citation)

MACON

COUNTY

LANDFILL

CORP.,

)

Respondent.

ORDER

OF

THE

BOARD:

On May 23,

1994, Macon County Landfill Corp.

(Landfill)

filed an appeal of an administrative citation pursuant to Section

31.1(d) (1)

of the Environmental Protection Act (Act).

The

administrative

citation

apparently

was issued by the County of

Macon

(County)

as the result of an inspection occurring February

2,

1994.

Upon receipt of this purported appeal, the Clerk’s Office

contacted the parties to advise them that no administrative

citation had been filed with the Board pursuant to Section

31.1(c) of the Act concerning this inspection.

No administrative

citation

has

been

received

since

that

time.

Section 31.1(d) (1)

of the Act allows respondents in

administrative citations to file a petition for review within 35

days of the issuance of the administrative citation by the

Illinois Environmental Protection Agency or the local unit of

government which has been delegated the authority to issue an

administrative citation.

If the respondent does not file a

petition for review within the 35-day period the Board, pursuant

to

Sectiop

31.1

(d)(l)

of the Act, is directed to enter a default

order firiiing violation.

The Landfill filed its petition to

appeal

the

administrative

citation

and

also

to

protect

itself

from being found in violation by default pursuant to Section

31.1(d)(1)of the Act.

The Board,

under similar circumstances where the

administrative citation was not filed with the Board pursuant to

Section 31.1(c), found we had no jurisdiction in the matter and

closed the docket.

(Williamson County Solid Waste Office v. Jim

Jobe

(November

18,

1993),

AC

93-58.)

The

Board

in

this

matter

will

open

the

docket

for

the

limited

purposes

of

docketing

the

Landfill’s

petition

for

review.

The

Board

will

also

close

this

docket

today

as

a

result

of

the

administrative

citation

not

being

---

2

filed with the Board.

The Board accordingly opens this docket for the limited

purposes of memorializing the filing of Landfill’s petition for

review and closes the docket.

IT IS SO ORDERED.

I, Dorothy M.

Gunn, Clerk of the Illinois Pollution Control

Board

hereby certif

hat the above order was adopted o~th~

ay of

_______________,

1994, by a vote of

~

~

Dorothy M. ,4t~nn, Clerk

Illinois rojlution Control Board