ILLINOIS POLLUTION CONTROL BOARD
August
5,
1993
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Petitioner,
v.
)
AC 93—20
)
(IEPA Docket No.
306—93-AC)
ILLINOIS LANDFILL,
INC.
and
)
(Administrative Citation)
KENTON RODERICK,
)
Respondents.
ORDER OF THE BOARD
(by C.A. Manning):
This matter comes before the Board upon a June 14,
1993
filing of an Administrative Citation pursuant to Section 31.1 of
the Illinois Environmental Protection Act
(Act) by the Illinois
Environmental Protection Agency
(Agency).
On August
2,
1993,
the Agency filed a motion to dismiss Mr.
Roderick as a respondent.
The Agency was unable to perfect
service within
60 days of the “observed violation,”
as is
required under Section 31.1(b)
of the Act.
The motion states
that the Administrative Citation was mailed to respondents via
certified mail on June 10,
1993, the citation addressed to Kenton
Roderick was returned to the Agency marked “unclaimed” by the
U.S. Postal Service.
Accordingly, the motion is hereby granted
and Kenton Roderick is dismissed as a respondent.
Hereafter,
this case shall be captioned with Illinois Landfill,
Inc.
as sole
respondent.
Though the Agency states
in the August
2,
1993 motion to
dismiss that service was made on Illinois Landfill,
Inc. on June
14,
1993,
a review of the record in the office of the Clerk of
the Pollution Control Board reveals that proof of service has not
yet been received by the Board.
The Agency
is directed to file
its proof of service on Illinois Landfill,
Inc. with the Board on
or before August 20,
1993,
or this matter will be subject to
dismissal.
IT IS SO ORDERED.
OIi~6-OI I
I
2
I, Dorothy M.
Gunn,
Clerk of the Illinois Pollution Control
Board, hereby cer~fythat the above order was adopted on the
4~tZ
day of
,
1993,
by a vote of
C
O
I
A
Dorothy
14.
Gur)1, Clerk
Illinois Pollution Control Board
OI~6-OI12