ILLINOIS POLLUTION CONTROL BOARD
    January 20, 2005
     
    COUNTY OF MACON,
     
    Complainant,
     
    v.
     
    TERRY CRIPE and DONNA CRIPE,
     
    Respondents.
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    AC
    05-38
     
    (MCSWMD File No. 2004-001-AC)
    (Administrative
    Citation)
     
    ORDER OF THE BOARD (by J.P. Novak):
     
    On November 17, 2004, County of Macon timely filed an administrative citation against
    Terry Cripe and Donna Cripe (Cripes).
    See
    415 ILCS 5/31.1(c) (2002); 35 Ill. Adm. Code
    108.202(c). The County of Macon alleged that on September 15, 2004, the Cripes violated
    Section 21(p)(1) and (p)(7) of the Environmental Protection Act (Act) (415 ILCS 5/21(p)(1) and
    (p)(7) (2002)). The County of Macon further alleges that the Cripes violated these provisions by
    causing or allowing the open dumping of waste in a manner that resulted in (1) litter; and (2)
    deposition of general construction or demolition debris or clean construction or demolition debris
    at 2508 Finch Street, Decatur, Macon County.
     
    On January 6, 2005, the County of Macon filed its proof of service of the administrative
    citation for lack of service on the Cripes.
    See
    35 Ill. Adm. Code 108.402. In its transmittal
    letter, the County of Macon notes that it did not obtain the certified mail return receipt card. But,
    the County of Macon states that it checked the United States Postal Service website and
    determined that the administrative citation was served on the Cripes by the United States Postal
    Service on November 23, 2004, which was the 69th day after the date of the September 15, 2004
    inspection.
     
    The Act requires service on the respondent within “60 days after the date of the observed
    violation.” 415 ILCS 5/31.1(b) (2002);
    see also
    35 Ill. Adm. Code 108.202(b). For these
    reasons, the Board hereby dismisses the administrative citation as untimely serviced.
     
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on January 20, 2005, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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