ILLINOIS POLLUTION CONTROL BOARD

July

27, 1989

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Complainant,

v.

)

AC 89—94

(IEPA No.

9632—AC)

GUS RICHARDSON,

Respondent.

ORDER OF THE BOARD

(by

J. Marlin):

This matter comes before the Board on a Motion to Vacate

Order and Dismiss Action filed on July 24,

1989 by complainant,

Illinois Environmental Protection Agency (Agency).

On May 12,

1989, an Administrative Citation was mailed to respondent

certified mail,

return receipt

requested.

The Agency never

received proof

of delivery,

nor was the complaint package

returned

to the Agency.

The Agency failed to notify the Board of

its failure

to obtain service.

Consequently, on July

13,

1989,

the Board entered a Default Order pursuant

to section 31.l(d)(l)

of the Illinois Environmental Protection Act

(Act).

(Ill.

Rev.

Stat.

1987,

ch. lll~,par.

1031.l(d)(l).)

The Default Order was

mailed by the Board

to respondent,

but was returned because of

an

incorrect zip code.

At

a meeting on July 20, 1989 between the

Agency and respondent,

it became apparent that respondent

had

no

knowledge of this action.

The Board noted

in

In the Matter

of:

John R. Vander,

AC 88—

99

(March

9,

1989)

that

if the respondent

in an Administrative

Citation action has not had the opportunity

to contest the

citation pursuant to the provisions

of

the Act, modification of a

section 31.l(d)(l)

Default Order may

be proper even though no

timely Petition for Review has been filed.

The instant cause

falls within this limited exception.

Complainant’s Motion

to

Vacate the Board’s Order

of July

13,

1989 is hereby granted and

this matter

is dismissed.

IT

IS

SO

ORDERED.

101—317

---

I, Dorothy

M. Gunn,

Clerk

of the Illinois Pollution Control

the ~‘7’~day

of

_________________,

1989, by a vote

Board, hereby certify ~

above Order was adopted on

of

(~.-°

.

I

101—318

Ill