ILLINOIS POLLUTION CONTROL BOARD
    July
    16, 1987
    IN THE MATTER OF:
    FITZ—MAR LANDFILL,
    INC.
    )
    AC
    87—27
    ISPA DOCKET 8306-AC
    Respondent.
    ORDER OF THE BOARD
    (by J.D.
    Duinelle):
    This matter comes before
    the Board upon a May
    26, 1987,
    Motion to Vacate Board Order
    of May 14,
    1987 filed by
    Respondent.
    On June 29,
    1987,
    the Agency responded by filing a
    Motion
    in Opposition to Respondent’s Motion.
    The Agency stated
    that Respondent was served the Administrative Citation, which is
    the
    subject of this proceeding,
    on ~4arch30,
    1987,
    and that the
    Citation informed Respondent that
    a Petition for Review must be
    filed within thirty-five days of
    service
    to avoid
    a Default
    Order.
    By May
    14,
    1987,
    the Respondent had not filed a Petition
    for Review nor
    had
    it responded in any manner.
    The Board
    therefore issued a Default Order finding
    a violation and imposing
    a fine of
    $500.
    On May 2,
    1987,
    fifty—seven days after
    service,
    Respondent filed
    the above—mentioned motion, and such motion
    constitutes
    the first pleading filed
    by Respondent.
    On July 13,
    1987,
    Respondent
    filed
    a Reply to the Agency’s motion.
    Respondent’s only allegation of justification for the late filing
    is that the Citation went unnoticed due
    to the volumes of state
    generated paperwork concerning
    this landfill.
    The Board
    finds
    this to be unpersuasive justification.
    Respondent cannot now be
    heard
    to raise
    issues which would have been properly before the
    Board during the statutorily required thirty-five day time
    period.
    Respondent’s motion
    to vacate
    is denied.
    IT IS SO ORDERED.
    I,
    Dorothy N.
    Gunn, Clerk of the
    Illinois Pollution Control
    Board, here~ycertify that
    t,1~e above Order was adopted on
    the
    ~
    day of
    ~
    ,
    1987
    by a vote
    of
    ___________.
    /
    /
    Ill
    s Poll
    on Control
    Board
    79-155

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