ILLINOIS POLLUTION CONTROL BOARD
    July 8, 2004
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    SHARYN FULLER and CARL BENEDICT
    d/b/a BENEDICT AUTO SALES,
     
    Respondents.
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    AC 04-60
    (IEPA No. 130-04-AC)
    (Administrative Citation)
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On April 6, 2004, the Illinois Environmental Protection Agency (Agency) timely filed an
    administrative citation against Sharyn Fuller (Fuller) and Carl Benedict d/b/a Benedict Auto
    Sales (Benedict) (collectively respondents).
    See
    415 ILCS 5/31.1(c) (2002); 35 Ill. Adm. Code
    108.202(c). The Agency alleges that respondents violated Sections 21(p)(1) of the
    Environmental Protection Act. 415 ILCS 5/21(p)(1) (2002). The Agency further alleges that
    respondents violated this provision by causing or allowing the open dumping of waste in a
    manner that resulted in litter at the a property located between Kickapoo Creek and the railroad
    tracks in Pottstown, Peoria County.
     
    The Agency properly served the administrative citation on Benedict, but, to date, has not
    filed a proof of service on Fuller. Benedict filed a petition to review on May 10, 2004. On
    May 20, 2004, the Board issued an order directing Benedict to file an amended petition for
    review, and the Agency to file the appropriate proof of service on Fuller. Benedict filed an
    amended petitioner for review on June 21, 2004.
     
    On June 25, 2004, the Agency filed a motion to dismiss the administrative citation
    against all respondents. In the motion, the Agency acknowledges that Fuller was not timely
    served within 60 days after the date of the observed violation and that the administrative citation
    against her should be dismissed. Further, the Agency asserts that it has uncovered additional
    facts relating to the violations cited against Benedict in the administrative citation. The Agency
    believes that based on those facts, it is now appropriate to dismiss the administrative citation
    against Benedict as well.
     
    The Board grants the Agency’s motion to dismiss. Accordingly, the Board dismisses this
    case and closes the docket.
     
    IT IS SO ORDERED.
     
     
     
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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on July 8, 2004, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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