ILLINOIS POLLUTION CONTROL BOARD
    May 24, 1990
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    v.
    )
    AC 89—170
    (IEPA No. 9804-AC)
    (Administrative Citation)
    DONALD & CATHERINE BOUTHOT,
    Respondents.
    ORDER OF THE BOARD
    (by B. Forcade):
    This matter comes to the Board on an April
    2,
    1990,
    motion
    by the respondents
    for reconsideration of
    the Board’s September
    13,
    1989 Default Order
    in this proceeding.
    The Board,
    by Order
    of April
    12,
    1990,
    sought additional
    information.
    Responses were
    filed on behalf of the Bouthots on May
    3,
    1990 and by the
    Illinois Environmental Protection Agency
    (“Agency”)
    on May
    7,
    1990.
    For purposes of today’s Order,
    the following
    facts are
    relevant.
    Beginning
    in April,
    1989,
    an Agency inspection gave
    the Agency reason
    to be concerned about
    the site.
    On May
    1,
    1989, Mr. Donald Bouthot died.
    On June
    13,
    1989,
    the Agency
    inspected the site and such inspection prompted the instant
    Administrative Citation
    to be filed on August
    8,
    1989,
    against
    both Donald and Catherine Bouthot.
    Thus,
    at
    the time of filing
    this Administrative Citation,
    the first named respondent Donald
    Bouthot had already passed away.
    The Board believes that
    in the
    interest of justice,
    the Administrative Citation must be vacated.
    The Board hereby reconsiders and vacates
    the Default Order
    of
    September
    13,
    1989.
    The Board hereby dismisses this
    proceeding.
    The Agency
    is free
    to refile a new Administrative
    Citation against any present owner/operator
    if
    inspections reveal
    just cause.
    IT IS SO ORDERED.
    Board Member
    J. Theodore Meyer dissented.
    I, Dorothy
    M.
    Gunn,
    Clerk
    of
    the Illinois Pollution Control
    Board,
    hereby certify tha~the above Order wa~adopted on
    the
    ~
    day of
    ____
    —,
    1990,
    by a vote
    of
    ~-/.
    U I—43Q

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