ILLINOIS POLLUTION CONTROL BOARD
September 30, 2008
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
MID-AMERICA MACHINERY COMPANY,
Respondent.
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AC 09-7
(IEPA No. 138-08-AC)
(Administrative Citation)
ORDER OF THE BOARD (by G.T. Girard):
On July 28, 2008, the Illinois Environmental Protection Agency (Agency) filed an
administrative citation against Mid-America Machinery Company (Mid-America).
See
415
ILCS 5/31.1 (2006); 35 Ill. Adm. Code 108. The administrative citation concerns a property
located at 33256 Old Route 4 in Virden, Macoupin County. The property is commonly known to
the Agency as the “Virden/Mid-America Machinery Co.” site and is designated with Site Code
No. 1174100001. The Agency alleged that Mid-America violated Sections 21(p)(1) and (p)(7)
of the Environmental Protection Act (415 ILCS 5/21(p)(1), (p)(7) (2006)) by causing or allowing
the open dumping of waste in a manner resulting in litter and the deposition of general or clean
construction or demolition debris.
On September 22, 2008, the Agency filed a motion to voluntarily dismiss the
administrative citation. In the motion, the Agency states that it failed to serve the administrative
citation on Mid-America within “60 days after the date of the observed violation.” 415 ILCS
5/31.1(b) (2006);
see also
35 Ill. Adm. Code 108.202(b). The Board therefore grants the
Agency’s motion, dismisses this case, and closes the docket.
See
35 Ill. Adm. Code 108.402.
IT IS SO ORDERED.
I, John 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.
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John Therriault, Assistant Clerk
Illinois Pollution Control Board