ILLINOIS POLLUTION CONTROL BOARD
    May
    6,
    1993
    SANCAI~1ONCOUNTY,
    Petitioner,
    v.
    )
    AC 93-2
    (SCDPH—93--AC—l)
    MARY ROSE ROBSON,
    WILLIAM
    )
    (Administrative Citation)
    EDDINGTON, AND ANN EDDINGTON
    )
    Respondent.
    ORDER OF THE BOARD
    (J. Anderson):
    On January
    19,
    1993,
    Sangainon County filed an Administrative
    Citation (“AC”)with the Board.
    The Environmental Protection Act
    (“Act”)
    allows parties
    35
    days from the date of service to appeal
    the AC.
    (415 ILCS 5/31.1(b)
    (4)
    (1992).)
    The respondents did riot
    file
    a petition for review within 35 days.
    On March
    11,
    1993,
    the Board entered a default order in this matter.
    The default
    order found that the respondents had violated section 2l(p)(l)
    of
    the Act by causing
    or allowing the open dumping of litter.
    On
    April
    13,
    1993,
    the respondents filed a motion for
    reconsideration.
    On April 26,
    1993,
    Sangamon County filed a
    response to the respondents’ motion for reconsideration.
    In their motion for reconsideration, respondents state that
    they have been
    in the process of purchasing the property in
    question since June,
    1992.
    They also state that the property was
    covered with litter in June of
    1992,
    and that they have been
    “aggressively cleaning the site” until bad weather
    in November of
    1992, prevented further cleaning.
    (Not.
    at
    1.)
    Respondents also
    state that
    in February,
    1993,
    they contacted someone to remove
    the debris however, the person’s tractor was broken and he could
    not immediately remove the debris.
    (Mot.
    at 1.)
    In March,
    1993,
    respondents made arrangements for the debris to be removed and
    they report that the hauling away of the debris is now finished.
    (Mot.
    at
    1.)
    Sangamon County in its response states that the arguments in
    respondents’ motion do not justify their failure to respond to
    the AC within thirty-five days after service.
    (Resp. at 1.)
    Additionally,
    Sangamon County argues that remedial efforts do not
    justify the finding of no violation.
    (Resp.
    at 1.)
    As the Board has previously held, the Act does not give the
    Board the statutory authority to provide for removal
    of the
    litter after the issuance of an AC as a reason to find no
    violation.
    Additionally, clean up of a site is not a mitigating
    factor under the AC program.
    (See,
    IEPA v.
    Jack Wright (August
    0
    L~2-O059
    2
    30,
    1990),
    AC 89-227,
    114 PCB 863 and IEPA
    v.
    Dennis Grubaugh
    (October 16,
    1992)
    ,
    AC 92—3,
    PCB.)
    Therefore,
    the respondents’ motion for reconsideration
    is
    denied. The parties are to abide by the Board’s March 11,
    1993
    default order.
    However,
    the Board on its own motion hereby
    extends by 30 days the time for payment of the penalty specified
    in paragraph one of the Board’s default order.
    IT IS SO ORDERED.
    I, Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Boaçd, hereby certify that the above order was adopted on the
    _____
    day of __________________________,
    1993,
    by a vote of
    5
    0.
    ~
    Dorothy
    M.,
    unn,
    Clerk’
    Illinois Pj3llution Control Board
    O1~.2-
    0060

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