ILLINOIS POLLUTION CONTROL BOARD
    December 7, 2006
    COUNTY OF MACON,
    Complainant,
    v.
    TIM WALKER,
    Respondent.
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    AC 07-21
    (MCSWMD No. 2006-005-AC)
    (Administrative Citation)
    ORDER OF THE BOARD (by G.T. Girard):
    On October 16, 2006, the County of Macon (County) timely filed an administrative
    citation against Tim Walker.
    See
    415 ILCS 5/31.1(c) (2004); 35 Ill. Adm. Code 108.202(c). The
    County alleges that the respondent violated Sections 21(p)(1), (p)(3), and (p)(7) of the
    Environmental Protection Act (Act) (415 ILCS 5/21(p)(1), (p)(3), and (p)(7) (2004)). The
    County further alleges that the respondent violated these provisions by causing or allowing the
    open dumping of waste resulting in litter, open burning, and the deposition of general
    construction or demolition debris or clean construction or demolition debris at a facility located
    at 3710 Christmas Tree Road, Macon County.
    On November 28, 2006, the Board received a petition to contest the administrative
    citation. There is no legible postmark on the petition’s mailing envelope, but the certificate of
    service states that respondent’s attorney placed the petition in the United States mail on
    November 24, 2006.
    Under the Act, any administrative citation must be filed upon respondent within 60 days
    of the date of the observed violation, any timely petition for review must be postmarked within
    35 days of the date respondent received service.
    See
    415 ILCS 5/31.1(d) (2004); 35 Ill. Adm.
    Code 108.202(c) and 108.204(b). As the Board has not received any information from the
    parties concerning the date respondent received the administrative citation, the Board cannot
    determine whether the administrative citation or the petition was timely filed so as to give the
    Board jurisdiction over this matter.
    The Board directs the County to file, on or before January 4, 2007, the proof of service of
    the administrative citation on respondent.
    See
    35 Ill. Adm. Code 108.202(c). The Board directs
    respondent to file, on or before January 4, 2007, an amended petition stating the date on which
    he received service of the administrative citation from the County and stating the reasons for
    appeal as required by 35 Ill. Adm. Code 108.206.
    After receipt of the specified filings, the Board will determine whether the administrative
    citation and/or respondent’s petition for review was properly filed.
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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 December 7, 2006, by a vote of 4-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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