ILLINOIS POLLUTION CONTROL BOARD
    September 18, 2003
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    DENNY D. RICHEY,
     
    Respondent.
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    AC 03-35
    (IEPA No. 343-03-AC)
    (Administrative Citation)
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On June 26, 2003, the Illinois Environmental Protection Agency (Agency) timely filed an
    administrative citation against Denny D. Richey.
    See
    415 ILCS 5/31.1(c) (2002); 35 Ill. Adm.
    Code 108.202(c). The Agency alleges that Denny D. Richey violated Section 21(p)(1) of the
    Environmental Protection Act (Act) (415 ILCS 5/21(p)(1) (2002)). The Agency further alleges
    that Denny D. Richey violated this provision by causing or allowing open dumping of waste in a
    manner that resulted in litter at 21285 North 2180th Street, Marshall, Clark County.
     
    However, the Agency states in a September 17, 2003 motion to dismiss, that it failed to
    serve the administrative citation on Denny D. Richey 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). The
    Board therefore 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 September 18, 2003, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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