ILLINOIS POLLUTION CONTROL BOARD

December

6,

1989

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Complainant,

AC 89—237

v.

)

(Administrative Citation)

)

IEPA

Case

No. 9972—AC

GARY W.

JACOBS,

Respondent.

ORDER OF THE BOARD

(By J. Narlin):

This matter

is before the Board on the respondent’s letter of

November

16,

1989.

The

Board

construes

this

letter

to

be

a

petition

for

review

from

a

November

6,

1989

Administrative

Citation.

The Board’s file does not show proof of service

on the

Agency.

The Clerk’s office is directed to send the Agency

a copy

of the petition and accompanying documents.

The Board notes

for clarification

purposes,

that

it

is

the

Illinois

Environmental Protection

Agency,

and not the Pollution

Control

Board,

that

sends

inspectors

to

verify

clean

ups

or

resolutions

of these matters.

The Clerk’s office

is directed to

send to the respondent a copy of the Environmental Protection Act

(Act)

and the Board’s Procedural Rules.

Administrative citations

are generally discussed

in Section 31.1 of the Act.

The Board wishes

to

receive

further

information

about

this

matter in that it is one of an increasing number of instances where

respondents are confused by what appears to be the concurrent use

of the AC

process and other compliance

initiatives

for the

same

event.

The

Agency

is

hereby

ordered

to

have

its response

to

respondent’s petition on file

in

the Board’s offices by December

15,

1989,

in order that the Board may consider this matter at its

December

20,

1989 meeting.

The Agency’s response should include

the following information:

1)

a statement

of

the

facts

concerning

this

matter, including a chronology of the contacts

between the respondent and Agency personnel,

a brief description of what transpired during

each

contact,

and

whether

there

was

any

discussion

of

settling

the

matter

and

withdrawing the citation,

2) copies of all written correspondence between

the respondent and the Agency relating to this

event,

3) prints of the Agency’s photo exhibits that

1r1~

121

---

are clear and legible,

4)

a

statement

as

to

whether

or

not

the

offending situation has been settled,

cleaned

up, rectified,

or otherwise resolved,

5)

any

additional

information

or

argument

necessary to fully advise the Board as to the

facts

in this situation, and

6) any recommended disposition of the petition.

IT IS SO ORDERED.

I,

Dorothy N.

Gunn,

Clerk

of the Illinois Pollution Control

Bo~ar~,hereby

certify

that

the above

Order

was

adopted

on

the

~

day ~

,

1989, by a vote of

~

*

t~

~

~

~yi

-

Dorothy N. (G~nn, Clerk

Illinois Pd3’lution Control Board

1fl6--122