ILLINOIS POLLUTION CONTROL BOARD
    February 16, 2006
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    GEORGIA SHANK and STEVE SHANK,
     
    Respondents.
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    AC 06-20
    (IEPA No. 495-05-AC)
    (Administrative Citation)
     
    ORDER OF THE BOARD (by G.T. Girard):
     
    On January 6, 2006, the Illinois Environmental Protection Agency (Agency) timely filed
    an administrative citation against Georgia Shank and Steve Shank (respondents).
    See
    415 ILCS
    5/31.1(c) (2004); 35 Ill. Adm. Code 108.202(c). The Agency alleges that on November 15, 2005,
    respondents violated Section 21(p)(1), (p)(3), and (p)(7) of the Environmental Protection Act (415
    ILCS 5/21(p)(1), (p)(3), and (p)(7) (2004)). The Agency further alleges that respondents violated
    these provisions by causing or allowing the open dumping of waste in a manner that resulted in
    (1) litter; (2) open burning; and (3) deposition of general construction or demolition debris or
    clean construction or demolition debris. The alleged violations occurred at Route 40 and Elm
    Street, Greenville, Bond County.
     
    As required, the Agency served the administrative citation on respondents within “60
    days after the date of the observed violation.” 415 ILCS 5/31.1(b) (2004);
    see also
    35 Ill. Adm.
    Code 108.202(b). As each respondent was served on January 7, 2006, any petition for review
    was due to be filed by February 14, 2006. On February 9, 2006, one of the respondents, Georgia
    Shank, timely filed a letter relating to the administrative citation. The Board is construing the
    letter as a petition to contest the administrative citation.
    See
    415 ILCS 5/31.1(d) (2004); 35 Ill.
    Adm. Code 108.204(b). The Board has not received any petition to contest from the second
    respondent, Steve Shank.
     
    Georgia Shank allege that (1) she was unaware of the activities included in the complaint;
    and (2) she requested 60 days to correct the conditions at the site because it is low-lying with
    soft, muddy soils, and they cannot operate equipment on the site.
    See
    35 Ill. Adm. Code
    108.206.
     
    The Board cannot accept this letter as a petition to contest the administrative citation and
    authorize a hearing pursuant to 35 Ill. Adm. Code 108.300. The petition is deficient in that it
    does not specify the grounds for appeal, as required by 35 Ill. Adm. Code 108.206. The Board
    directs respondent Georgia Shank to amend her petition for review to include this information
    within 30 days from the date of this order, on or before March 20, 2006, or the Board will
    dismiss the petition and enter a default in this matter pursuant to 35 Ill. Adm. Code 108.406.
     
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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 February 16, 2006, by a vote of 4-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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