ILLINOIS POLLUTION CONTROL BOARD
    June 16, 2005
     
    COUNTY OF LASALLE,
     
    Complainant,
     
    v.
     
    HARRIET BAUGHER and JOHN
    BAUGHER,
     
    Respondents.
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    AC 05-73
    (LaSalle County No. 0998205005)
    (Administrative Citation)
     
    ORDER OF THE BOARD (by J.P. Novak):
     
    On May 23, 2005, the County of LaSalle filed an administrative citation against Harriet
    Baugher and John Baugher (the Baughers).
    See
    415 ILCS 5/31.1(c) (2002); 35 Ill. Adm. Code
    108.202(c). The County of LaSalle alleged that on February 22, 2005, the Baughers violated
    Section 21(p)(1) of the Environmental Protection Act (Act) (415 ILCS 5/21(p)(1) (2002)). The
    County of LaSalle further alleges that the Baughers violated this provision by causing or
    allowing the open dumping of waste in a manner that resulted in litter in Miller Township,
    LaSalle County.
     
    The Baughers have not filed a petition for review. But, for the following reasons, the
    Board lacks jurisdiction to hear or enter a default judgment on the administrative citation:
     
    (1) The County of LaSalle failed to timely serve the administrative citation on the
    Baughers. The County of LaSalle served the administrative citation on the
    Baughers on April 27, 2005, which was the 64th day after the observed violations.
    This was not within “60 days after the date of the observed violation,” as required
    by the Act.
    See
    415 ILCS 5/31.1(b) (2002);
    see also
    35 Ill. Adm. Code
    108.202(b).
     
    (2) The County of LaSalle failed to timely file the administrative citation with the
    Board. The County of LaSalle did not mail the administrative citation to the
    Board until May 17, 2005, which was the 20th day after service on the Baughers.
    The Act required the County of LaSalle to file the administrative citation “no later
    than 10 days after the date of service.”
    See
    415 ILCS 5/31.1(c) (2002);
    see also
     
    35 Ill. Adm. Code 108.202(c); 101.300(b)(2).
     
    The Board accordingly dismisses the administrative citation.
     
    IT IS SO ORDERED.
     
    2
     
    Section 41(a) of the Environmental Protection Act provides that final Board orders may
    be appealed directly to the Illinois Appellate Court within 35 days after the Board serves the
    order. 415 ILCS 5/41(a) (2002);
    see also
    35 Ill. Adm. Code 101.300(d)(2), 101.906, 102.706.
    Illinois Supreme Court Rule 335 establishes filing requirements that apply when the Illinois
    Appellate Court, by statute, directly reviews administrative orders. 172 Ill. 2d R. 335. The
    Board’s procedural rules provide that motions for the Board to reconsider or modify its final
    orders may be filed with the Board within 35 days after the order is received. 35 Ill. Adm. Code
    101.520;
    see also
    35 Ill. Adm. Code 101.902, 102.700, 102.702.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on June 16, 2005, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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