ILLINOIS POLLUTION CONTROL BOARD
    April 15, 2004
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    MICHAEL MORETON,
     
    Respondent.
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    AC 04-51
    (IEPA No. 83-04-AC)
    (Administrative Citation)
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On February 26, 2004, the Agency timely filed an administrative citation against Michael
    Moreton (Moreton).
    See
    415 ILCS 5/31.1(c) (2002); 35 Ill. Adm. Code 108.202(c). The Agency
    alleges that Moreton violated Sections 21(p)(1) and (7) of the Environmental Protection Act.
    415 ILCS 5/21(p)(1), (7) (2002). The Agency further alleges that Moreton violated these
    provisions by causing or allowing the open dumping of waste in a manner that resulted in litter
    and the deposition of construction or demolition debris at the southeast corner of the intersection
    of Coles County roads 1380 N and 2330 E, T.13N-R.10E, Ashmore Township, Ashmore in
    Coles County.
     
    As required, the Agency served the administrative citation on Moreton within “60 days
    after the date of the observed violation.” 415 ILCS 5/31.1(b) (2002);
    see also
    35 Ill. Adm. Code
    108.202(b). To contest an administrative citation, a respondent must file a petition with the
    Board no later than 35 days after being served with the administrative citation. If Moreton fails
    to do so, the Board must find that he committed the violation alleged and impose the
    corresponding civil penalty. 415 ILCS 31.1(d)(1) (2002); 35 Ill. Adm. Code 108.204(b),
    108.406.
     
    On March 9, 2004, the Agency submitted proof that Moreton had received service on
    February 26, 2004; consequently, any timely petition for review for this respondent would have
    to be postmarked on or before April 1, 2004.
    See
    35 Ill. Adm. Code 101.300(b)(2). On
    March 31, 2004, Moreton filed a handwritten petition for review of the administrative citation.
    See
    415 ILCS 5/31.1(d) (2002); 35 Ill. Adm. Code 108.204(b). In total, the petition states:
    “Sir/Madam, Please consider this as my ‘petition for review’, and please set new hearing for no
    sooner than 60 days from today’s date.”
     
    The Board finds that the petition for review is deficient because it does not state a basis
    for the appeal, and does not include an appropriate proof of service.
    See
    35 Ill. Adm. Code
    101.304 and 108.206.
     
     
    2
    The Board directs Moreton to file an amended petition for review that corrects these
    deficiencies on or before May 14, 2004. If Moreton fails to file an adequate amended petition,
    the Board may dismiss the appeal filed on March 31, 2004, as inadequate and enter an order of
    default against the respondent, finding him in violation and assessing the statutory $3,000
    penalty sought by the Agency.
     
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on April 15, 2004, by a vote of 4-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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