ILLINOIS POLLUTION CONTROL BOARD
    April 3, 2008
    COUNTY OF JACKSON,
    Complainant,
    v.
    FRANK SMITH and DANNY SMITH,
    Respondents.
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    AC 08-25
    (Administrative Citation)
    ORDER OF THE BOARD (by G.T. Girard):
    On March 21, 2008, the County of Jackson (County) filed an administrative citation
    against Frank Smith and Danny Smith (the Smiths).
    See
    415 ILCS 5/31.1 (2006); 35 Ill. Adm.
    Code 108. The administrative citation concerns a property commonly known to the Illinois
    Environmental Protection Agency as the “Murphysboro/Frank Smith” site, designated with Site
    Code No. 0770505065, and located at latitude 37.76789 and longitude -89.31392 in
    Murphysboro, Jackson County. The County alleged that the Smiths violated Sections 21(p)(1)
    and (p)(7) of the Environmental Protection Act (Act) (415 ILCS 5/21(p)(1), (p)(7) (2006)) by
    open dumping waste in a manner resulting in litter and the deposition of general or clean
    construction or demolition debris.
    On March 25, 2008, the County filed a motion to voluntarily dismiss the administrative
    citation for failure to serve the citation on the Smiths within 60 days after the date on which the
    County inspected the property. Motion at 1. The Board notes that on March 31, 2008,
    respondent Frank Smith filed a letter with the Board stating, among other things, that he owns
    “the property of 410 N. Cleveland St., Murphysboro,” that he resides and has for the last ten
    years resided in Arizona, and that he “will make sure that the premises [are] cleaned.” Letter at
    1.
    In the County’s motion to dismiss, the County seeks dismissal of this administrative
    citation “without prejudice.” Motion at 1. However, the County conducted the site inspection on
    which the citation was based on January 9, 2008. Citation at 2. As acknowledged in the
    County’s motion, the Act requires that an administrative citation be served by complainant on
    respondent “within not more than 60 days after the date of the observed violation.” 415 ILCS
    5/31.1(b) (2006). Failure to timely serve the citation deprives the Board of jurisdiction.
    See
    ,
    e.g.
    , County of LaSalle v. Harriet and John Baugher
    , AC 05-73, slip op. at 1 (June 16, 2005)
    (dismissal for lack of jurisdiction after citation served on 64th day after site inspection).
    More than 60 days have elapsed since the County’s January 9, 2008 site inspection.
    Having failed to timely serve the Smiths, there is no administrative citation that can still be filed
    by the County based on the January 9, 2008 site inspection.
    See
    415 ILCS 5/31.1(b), (c) (2006).
    Dismissal of this administrative citation therefore is necessarily
    with
    prejudice. Of course,
    2
    nothing in this order precludes the County from filing another administrative citation against the
    Smiths based on a later site inspection.
    Accordingly, the Board grants the County’s motion to dismiss this administrative
    citation, but does so with prejudice. The Board closes the docket.
    IT IS SO ORDERED.
    I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
    the Board adopted the above order on April 3, 2008, by a vote of 4-0.
    ___________________________________
    John T. Therriault, Assistant Clerk
    Illinois Pollution Control Board

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