ILLINOIS POLLUTION CONTROL BOARD
August 17, 2006
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
CLIFFORD LAWSON,
Respondent.
)
)
)
)
)
)
)
)
)
)
AC 06-51
(IEPA No. 127-06-AC)
(Administrative Citation)
ORDER OF THE BOARD (by A.S. Moore):
On June 15, 2006, the Illinois Environmental Protection Agency (Agency) filed an
administrative citation against the respondent, Clifford Lawson.
See
415 ILCS 5/31.1(c) (2004);
35 Ill. Adm. Code 108.202(c). The Agency alleges that the respondent 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) (2004)). The Agency further alleges that the respondent violated these
provisions by causing or allowing the open dumping of waste in a manner 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 1086 Cordum Avenue, Henderson, Macoupin County.
Under the Board’s procedural rules, the respondent’s “petition to contest must be filed
with the Board within 35 days after the date of the service of the AC.” 35 Ill. Adm. Code
108.204(b);
see
415 ILCS 5/31.1(d)(1) (2004). On August 2, 2006, the respondent filed a
petition (Pet.) to contest the administrative citation.
See
415 ILCS 5/31.1(d) (2004); 35 Ill. Adm.
Code 108.204(b). Specifically, the respondent “request[s] a review of the Administrative
Citation IEPA No. 127-06-AC.” Pet. at 1;
see
35 Ill. Adm. Code 108.204(a).
On August 16, 2006, the Agency filed a motion to withdraw the administrative citation
(Mot.). The Agency states that, because it has not filed proof of service of the citation upon the
respondent, it cannot be determined whether the respondent timely filed his petition for review.
Mot. at 1. The Agency further states that “facts and circumstances discovered since the filing of
the Administrative Citation indicate that it is appropriate to withdraw the Administrative Citation
at this time.”
Id
. Accordingly, the Agency seeks dismissal of this citation.
Id
. at 2.
The Board grants the Agency’s request, dismisses this case, and closes the docket.
IT IS SO ORDERED.
2
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above order on August 17, 2006, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board