ILLINOIS POLLUTION CONTROL BOARD
October 5, 2006
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
MICHAEL RICKARD,
Respondent.
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AC 07-10
(IEPA No. 231-06-AC)
(Administrative Citation)
ORDER OF THE BOARD (by G.T. Girard):
On August 24, 2006, complainant, the Illinois Environmental Protection Agency
(Agency), filed an administrative citation with the Board against respondent Michael Rickard
(Rickard).
See
415 ILCS 5/31.1(c) (2004); 35 Ill. Adm. Code 101.300(b), 108.202(c). The
administrative citation concerns Rickard’s facility located at 22414 County Road 2300 N,
Topeka, Mason County. For the reasons below, the Board dismisses the administrative citation.
Under the Environmental Protection Act (Act) (415 ILCS 5 (2004)), an administrative
citation is an expedited enforcement action brought before the Board seeking civil penalties that
are fixed by statute. Administrative citations may be filed only by the Agency or, if the Agency
has delegated the authority, by a unit of local government, and only for limited types of alleged
violations at sanitary landfills or unpermitted open dumps.
See
415 ILCS 5/3.305, 3.445, 21(o),
(p), 31.1(c), 42(b)(4), (4-5) (2004); 35 Ill. Adm. Code 108.
In this case, the Agency alleges that Rickard violated two provisions of the Act (415
ILCS 5/21(p)(1) and (p)(3) (2004)) at his Topeka facility by causing or allowing the open
dumping of waste resulting in litter and open burning. The administrative citation requests the
statutory penalties of $1,500 for each alleged violation, totaling $3,000 (415 ILCS 5/42(b)(4-5)
(2004)). However, the Agency states in a September 25, 2006 motion to dismiss that it failed to
serve the administrative citation on Rickard within “60 days after the date of the observed
violation” as required by the Act. 415 ILCS 5/31.1(b) (2004));
see also
35 Ill. Adm. Code
101.300(c), 108.202(b). The Board therefore dismisses this case and closes the docket.
See
35
Ill. Adm. Code 108.402.
IT IS SO ORDERED.
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I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above order on October 5, 2006, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board