ILLINOIS POLLUTION CONTROL BOARD

June 23, 1992

MONTGOMERY COUNTY,

ILLINOIS,

Complainant,

V.

)

AC 92—24

(MCHD 9201—AC—i)

(Administrative Citation)

WHITE & BREWER TRUCKING,

INC.,

Respondent.

ORDER OF THE BOARD (by J.C. Marlin):

The Board closed this docket by entry of a default order on

May 7, 1992. On May 26, 1992, the Board received a letter from

counsel which states:

Our office represents White & Brewer Trucking, Inc. They

received an order of the Board on May 7 which indicates no

petition from the original citation was filed.

On behalf of White & Brewer I prepared a petition, a copy of

which is enclosed, and mailed it per the proof of service.

Also from my file I can’t prove by certified mail receipt that

we maile dthis petition, however, seldom do we use certified

mail. Nor do I believe it was required in this case. My only

thought was that our letter was misrouted somewhere along the

way.

A “cc” notation indicates that this letter was sent to the

County, the Agency, and the respondent. However, no responses have

been received.

The Office of the Board’s Clerk has no record of receipt of

this petition. As the letter and its enclosures are not supported

by affidavit, and the certificate of service dated April 14, 1992

is not notarized, the Board will not rule on this motion at this

time. Respondent is given leave to file an affidavit on or before

July 7, 1992. Complainant shall file its response, if any, on or

before July 21, 1992.

IT IS SO ORDERED.

134—367

---

I, Dorothy N. Gunn, Clerk of the Illinois Pollution Control

BQard,, hereby certify that the above order wifls adopted on the

~‘r(day of

____________________,

1992, by a vote of

7~(‘

~

Th~

Dorothy M. ~

Clerk

Illinois

Poflu~tion

Control Board

I 34—368