ILLINOIS POLLUTION CONTROL BOARD
     
    September 5, 2002
     
    LANNIS WALTERS d/b/a FAT BOY )
    PIZZA (GET & GO),
    )
    )
    Petitioner,
    )
    )
    v.
    ) PCB 01-39
     
    ) (UST Fund)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    )
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    This matter is before the Board on an August 6, 2002 motion to dismiss filed by the
    Illinois Environmental Protection Agency (Agency). To date, no response to the motion has
    been filed.
     
    On October 20, 2002, the petitioner, Lannis Walters d/b/a Fat Boy Pizza (Get & Go)
    (hereinafter “Fat Boy”) filed a petition for review of the Agency’s July 19, 2000 final decision
    regarding a facility located at 2108 East Fifth Street, Metropolis, Massac County. In the
    petition, Fat Boy argued that the Agency decision was arbitrary, capricious and without
    statutory authority. Counsel for Fat Boy filed a notice of withdrawal on April 29, 2002. Since
    that time, no other attorney has entered an appearance on Fat Boy’s behalf.
     
    In its motion, the Agency asserts that attempts by the Agency and the Board’s hearing
    officer to reach Fat Boy have been unsuccessful. The Agency contends that Fat Boy has failed
    to participated in scheduled conference calls and has not contacted the hearing officer as
    directed. The Agency argues that Fat Boy has been non-responsive to the hearing officer, and
    has not made any overtures to the Agency. Thus, asserts the Agency, because no party is
    proceeding on Fat Boy’s behalf, there is no purpose in keeping this docket active and the case
    should be dismissed.
     
    Pursuant to Section 101.500(d) of the Board’s procedural rules, if no response to a
    motion is filed within 14 days after service, the party will be deemed to have waived objection
    but the waiver does not bind the Board in its disposition of the motion.
    See
    35 Ill. Adm. Code
    101.500(d). Hearing Officer Stephen Langhoff notes in a July 8, 2002 hearing officer order
    that Fat Boy has not had contact with the Board or the Agency since April 29, 2002.
     
    This failure to participate in the Board’ s process is troubling. However, dismissal of
    Fat Boy’s petition for review is a final disposition and Fat Boy will be given one last
     
    2
    opportunity to appear. Accordingly, the Board will reserve judgment on the Agency’s motion
    to dismiss. Fat Boy is directed to contact the Hearing Officer Langhoff on or before
    September 30, 2002. The Board will rule on motion to dismiss after September 30, 2002.
     
      
     
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the
    Board adopted the above order on September 5, 2002, by a vote of 7-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     
     
     
      
     
     

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