ILLINOIS POLLUTION CONTROL BOARD
    September 30, 2008
    ILLINOIS ENVIRONMENTAL
    PROTECTION,
    Complainant,
    v.
    EUWELL and PHYLLIS BEERS and
    JEREMY BEERS,
    Respondents.
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    AC 09-6
    (IEPA No. 137-08-AC)
    (Administrative Citation)
    ORDER OF THE BOARD (by A.S. Moore):
    On July 28, 2008, the Illinois Environmental Protection Agency (Agency or Illinois EPA)
    filed an administrative citation against Euwell and Phyllis Beers and Jeremy Beers (collectively,
    respondents).
    See
    415 ILCS 5/31.1(c) (2006); 35 Ill. Adm. Code 108.202(c). The Agency
    alleges that respondents violated Sections 21(p)(1), 21(p)(3) and 21(p)(7) of the Environmental
    Protection Act (415 ILCS 5/21(p)(1), 21(p)(3), 21(p)(7) (2006)). The Agency further alleges that
    respondents violated these provisions by causing or allowing the open dumping of waste in a
    manner resulting in litter, open burning, and deposition of general construction or demolition
    debris or clean construction or demolition debris at a facility located at 15281 Lighthouse Road,
    near Pittsburg, Williamson County.
    On September 25, 2008, the Agency filed a motion to dismiss (Mot.). The Agency’s
    motion first states that “[r]espondent Euwell Beers is deceased, and therefore this Administrative
    Citation should be dismissed as to him.” Mot. at 1. The Agency further states that “[t]he
    Administrative Citation addressed to Respondent Jeremy Beers was returned to the Illinois EPA
    from the United States Postal Service, as unclaimed.”
    Id
    . The Agency claims that, “[b]ecause
    Respondent Jeremy Beers was not timely served within 60 days as required by 415 ILCS
    5/31.1(b), this Administrative Citation should be dismissed as to him.”
    Id
    . Finally, the Agency
    states that, “[b]ased on newly-discovered circumstances surrounding this case, Illinois EPA
    believes that it is now appropriate to dismiss this Administrative Citation against Respondent
    Phyllis Beers, as well.”
    Id
    . at 2.
    The Board grants the Agency’s motion to dismiss this citation against all three of the
    respondents, dismisses the case, and closes the docket.
    IT IS SO ORDERED.
    2
    I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
    the Board adopted the above order on September 30, 2008, by a vote of 4-0.
    ___________________________________
    John T. Therriault, Assistant Clerk
    Illinois Pollution Control Board

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