ILLINOIS POLLUTION CONTROL BOARD
July
19, 1990
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Complainant,
)
V.
)
AC 90—56
IEPA No.295—AC—90
(Administrative Citation)
STEVE GILBERT,
)
)
Respondent.
ORDER OF THE BOARD
(by J.
D.
Dumelle):
This matter is before the Board on its own motion.
A letter
was filed with the Board on July 16, 1990 by the respondent.
The
letter objected to the Illinois Environmental Protection Agency’s
(Agency)
filing of an Administrative Citation when other options
could be pursued.
The Board is construing this letter as a
Petition for Review pursuant to Section 31.1 of the Environmental
Protection Act
(Act).
When a petition for review is timely filed with the Board to
contest an administrative citation,
Section 31.1(d) (2)
of the Act
requires a hearing be held and a decision made based on the
record of that hearing.
The hearing is held pursuant to Section
32 of the Act.
If, after a hearing, the respondent
is found to
be
in violation of the Act,
Section 42(b) (4)
of the Act requires
the Board to impose a penalty of $500 for each violation plus any
hearing costs incurred by the Board and the Agency.
This Board order is issued to notify the parties of the
Board’s action taken today.
The Clerk is ordered to send copies
of the Environmental Protection Act and the Board’s Procedural
Rules to the respondent.
If the respondent wishes to withdraw
the petition for review,
such motion must be filed with the Board
by August
13, 1990.
If the petition for review is withdrawn,
a
default order will be issued and respondent will have to pay $500
for each alleged violation only.
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
______________,
l990,by
a vote of
(7
~
32.
//~~
Dorothy M. G~nn, Clerk
Illinois Pol~lutionControl Board
113-~375