ILLINOIS POLLtJ~IONCONTROL BOARD
    June
    22, 1989
    IN THE MATTER OF:
    )
    PEORIA DISPOSAL COMPANY,
    )
    AC 89—49
    (IEPA Docket No.
    9507—AC)
    Respondent.
    ORDER OF THE BOARD
    (by
    3.
    Marlin):
    This matter comes before
    the Board upon
    a motion filed
    by the
    Illinois Environmental Protection Agency (“Agency”)
    on May 30,
    1989.
    The Agency’s motion requests
    the following:
    to correct
    the name
    of the Respondent,
    to amend
    the citation,
    to vacate the
    Board’s April
    27, 1989 order
    in this matter and
    to enter
    an order
    in conformance with
    this motion.
    On March 14,
    1989 the Agency filed with the Board
    an
    administrative citation issued
    to Peoria Disposal Company.
    No
    petition
    for review of that citation. was filed
    by Peoria
    Disposal.
    Consequently, on April
    27,
    1989
    the Board
    issued
    a
    default
    order
    finding Peoria Disposal
    in violation of Sections
    2l(p)(5) and 21(p)(l2)
    of the Environmental Protection Act
    (“Act”) pursuant
    to Section 31.1(d)(1)
    of the Act.
    (Ill.
    Rev.
    Stat.
    ch.
    111 1/2,
    pars.
    1001—1052).
    In support
    of
    its motion to correct the name
    of the
    Respondent,
    the Agency states that “the correct name
    of
    Respondent
    is PDC Services,
    Inc.”
    The Agency also states that
    the Respondent’s attorney agreed
    to
    the correction of the
    Respondent’s
    name.
    The Respondent has not filed
    with the Board
    a
    response
    to the Agency’s motion.
    The Agency’s motion does not assert that “Peoria Disposal
    Company”
    and “PDC”
    are one and
    the same
    or that one
    is the
    subsidiary
    of the other.
    Although correcting
    the Respondent’s
    name may be merely
    a matter
    of
    form,
    the Agency’s motion does not
    provide enough information for
    the Board
    to
    infer
    that
    it
    is.
    The administrative citation ~as originally
    served on Peoria
    Disposal Company;
    the Agency
    and Peoria Disposal nad the
    opportunity
    to move
    to correct the name before the Board entered
    a default
    order
    and
    closed
    the case
    on April
    27,
    1989.
    The
    Agency’s motion
    to correct
    the name
    of Respondent
    from Peoria
    Disposal
    Company to PDC Services,
    Inc.
    is hereby denied.
    In
    support
    of
    its motion
    to amend
    the citation,
    the Agency
    states that
    “the parties agreed
    to dismiss Paragraph A(ii)
    of
    the
    100—283
    —2—
    citation.”
    Paragraph A(ii)
    of the citation refers to a violation
    of section 21(p)(12)
    of the Act for failure to collect and
    contain litter.
    The Board has previously stated
    in another administrative
    Citation case similar
    to this one:
    (t)he words of Section 31.1 are unambiguous.
    If a petition
    for review
    is not filed within
    35 days of service of the citation,
    the Board
    must issue an order with
    a finding of the vio-
    lation as alleged by the citation and
    the im-
    position of penalties
    as mandated by the Act.
    (In the Matter
    of:
    John Vander,
    AC 88—99, March
    9, 1989 at
    2).
    Thus,
    in Vander,
    the Board denied the Agency’s motion
    to amend
    the citation and also denied the Agency’s motion
    to amend
    the
    Board’s default order of January
    5, 1989,
    because the respondent
    did not file a petition for review and the Board had correctly
    issued the default order.
    (Id.
    at 1,3).
    In this case,
    as
    in Vander,
    the Agency
    is requesting
    that the
    Board
    amend
    the citation and amend
    the Board’s default order of
    April
    27, 1989
    (by vacating that order
    and entering an order
    in
    conformance with the Agency’s motion).
    Also,
    as
    in Vander,
    no
    petition
    for review of that citation was filed
    by the
    respondent.
    The Agency has not asserted that the citation was
    improperly issued
    “such that the person complained of has
    not had
    the opportunity
    to contest the citation to the extent allo~iedby
    the Act.”
    (Vander,
    AC 88—99,
    March
    9, 1989,
    at
    3).
    In short,
    the
    only
    reason giv~by the Agency
    for amending this citation
    is
    that the parties have agreed
    to do
    so.
    In conclusion,
    the Board finds that since
    the respondent did
    not file a petition
    for revie~~and the Board correctly issued
    the
    April 27,
    1989 default order,
    the Agency’s motion
    is hereby
    denied.
    Section
    41
    of
    the Environmental Protection Act, Ill.
    Rev.
    Stat.
    1987,
    ch.
    111
    1/2,
    par.
    1041,
    provides for appeal
    of Final
    Orders of the Board within
    35 days.
    The Rules of
    the Supreme
    Court of Illinois establish filing requirements.
    IT IS SO ORDERED.
    100-284
    —3—
    I,
    Dorothy
    £4.
    Gunn, Clerk
    of the Illinois Pollution Control
    Board,.~hereby cert~fythat the above Order
    was adopted
    on
    the
    ‘~?~‘dayof
    ~
    ,
    1989,
    by
    a vote of
    7~-~
    .
    y
    ~/
    ~.
    ~
    )2’.
    ~
    Dorothy
    £4.
    ,~G/inn
    Illinois P&llLltion Control Board
    100—285

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