ILLINOIS POLLUTION CONTROL BOARD
    March 4, 2004
     
    COUNTY OF JACKSON,
     
    Complainant,
     
    v.
     
    FRANK STONEMARK,
     
    Respondent.
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    AC 04-43
    (Administrative Citation)
     
    ORDER OF THE BOARD (by J.P. Novak):
     
    On January 29, 2004, the county of Jackson timely filed an administrative citation against
    Frank Stonemark.
    See
    415 ILCS 5/31.1(c) (2002); 35 Ill. Adm. Code 108.202(c). The County
    alleges that Frank Stonemark violated Section 21(p)(1) and (p)(7) of the Environmental
    Protection Act (Act) (415 ILCS 5/21(p)(1) and (p)(7) (2002)). The County further alleges that
    Frank Stonemark violated these provisions by causing or allowing the open dumping of waste in
    a manner that resulted in (1) litter, and (2) deposition of general construction or demolition
    debris or clean construction or demolition de
     
    On March 1, 2004, the Board received a motion (postmarked February 26, 2004) from
    counsel for Frank Stonemark. The motion requests an extension of time in which to file a
    petition for review of this administrative citation, representing that the County has no opposition
    to the motion. The motion states that Frank Stonemark retained counsel February 23, 2004 and
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    The Board cannot grant the requested extension, as the Board has statutory authority to
    grant only extensions of time for the filing of permit appeals. Compare the administrative
    citation provisions of the Act and the Board’s rules (415 ILCS 5/31.1(d)(1) and 35 Ill. Adm.
    Code 108.204) with those for permit appeals (415 ILCS 5/40(a)(1), (c) and 35 Ill. Adm. Code
    105.406). But, under these circumstances, the Board will consider Frank Stonemark’s motion to
    be a timely filed petition for review, as it is postmarked within the statutory 35 days for filing a
    petition for review. See 35 Ill. Adm. Code 101.300(b)(2).
     
    However, the Board finds that the petition is insufficient, in that it fails to meet the
    service and content requirements of 35 Ill. Adm. Code 108.202 and 206. The Board will allow
    Frank Stonemark until March 31, 2004, to file an amended petition curing these deficiencies. If
    an amended petition is not filed on or before March 31, 2004, the Board will dismiss this
    insufficient petition, and proceed to enter a default order imposing the statutory penalty for the
    violations alleged in the administrative citation.
     
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    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on March 4, 2004, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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