ILLINOIS POLLUTION CONTROL BOARD
    July 11, 2002
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    JASON HARI and CANADIAN
    NATIONAL/ILLINOIS CENTRAL
    RAILROAD,
     
    Respondents.
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    AC 02-59
    (IEPA No.243-02-AC)
    (Administrative Citation)
    ORDER OF THE BOARD (by C.A. Manning):
     
    On June 3, 2002, the Illinois Environmental Protection Agency (Agency) timely filed
    an administrative citation against Jason Hari and Canadian National/Illinois Central Railroad
    (respondents).
    See
    415 ILCS 5/31.1(c) (2000); 35 Ill. Adm. Code 108.202(c). The Agency
    alleges that respondents violated Sections 21(p)(1), (p)(3), and (p)(7) of the Environmental
    Protection Act (415 ILCS 5/21(p)(1), (p)(3), (p)(7) (2000)). The Agency further alleges that
    respondents violated these provisions by causing or allowing the open dumping of waste in a
    manner resulting in litter, open burning, and deposition of general construction or demolition
    debris. The citation concerns a facility on the southeast corner of county roads 500N and
    1945E (Market Street), Paxton, Ford County.
     
    On June 20, 2002, the Agency filed a motion to withdraw this administrative citation.
    The Agency asserts that it failed to serve the administrative citation on respondent Jason Hari
    within “60 days after the date of the observed violation.” 415 ILCS 5/31.1(b) (2000);
    see also
     
    35 Ill. Adm. Code 108.202(b). Further, the Agency states that newly discovered
    circumstances surrounding this case indicate that it is appropriate to withdraw the
    administrative citation against both respondents. The Board grants the Agency’s motion, and
    accordingly dismisses this case and closes the docket.
    See
    35 Ill. Adm. Code 108.402.
     
    IT IS SO ORDERED.
     
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the
    Board adopted the above order on July 11, 2002, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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