ILLINOIS POLLUTION CONTROL BOARD
    February
    8,
    1990
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    Complainant,
    V.
    )
    AC 89—132
    )
    IEPA NO. 9712—AC
    (Administrative Citation)
    RAY
    SCHROEDER,
    Respondent.
    ORDER OF THE BOARD BY
    (J.
    Marlin):
    This matter is before the Board on the January 22, 1990 Agency
    response to Board Order of December 20, 1989 filed by the Illinois
    Environmental
    Protection
    Agency
    (Agency)
    .
    The
    Board
    issued
    a
    Default Order
    in this matter
    on July
    27,
    1989.
    The respondent
    filed a motion to vacate on November 28,
    1989.
    The Agency’s January 22nd response
    indicates that respondent
    filed
    a timely
    Petition
    for Review with the Agency but did not
    properly
    or
    timely
    file
    that
    Petition
    with
    the
    Board.
    The
    respondent’s motion to vacate claims that there was some confusion
    about where a Petition needed to be filed.
    The Agency has admitted
    that some confusion concerning Petitions for Review may have been
    present
    in
    the
    past,
    but
    states
    that
    the
    procedures
    have
    been
    changed to avoid such confusion in the future.
    The response from the Agency further states that there is no
    objection to vacating the Default Order.
    If the pending Motion to
    Vacate
    is granted, the Agency would move to dismiss
    its complaint
    and states reasons
    in support of a dismissal.
    The
    Board
    construes
    the Agency’s
    response
    as
    a
    motion
    to
    dismiss effective when the Default Order
    is vacated.
    The Board
    hereby vacates
    its default order
    of July 27,
    1989.
    The Agency’s
    motion to dismiss is granted.
    This case is closed.
    IT IS SO ORDERED.
    I,
    Dorothy M.
    Gum-i,
    Clerk of the Illinois Pollution Control
    Board,
    hereby
    certify
    that
    the
    above
    Order
    was
    adopted
    on
    the
    _________
    day
    of
    ~
    ,
    1990,
    by
    a
    vote
    of
    7—c
    .
    /
    /
    Dorothy M.
    Gunn,
    Clerk
    Illinois Pollution Control Board

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