ILLINOIS POLLUTION CONTROL BOARD
    October 4, 2001
     
    COUNTY OF MACON,
     
    Complainant,
     
    v.
     
    MACON COUNTY LANDFILL,
     
    Respondent.
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    AC 01-38
    (IEPA No. 01-1)
    (Administrative Citation)
    ORDER OF THE BOARD (by C.A. Manning):
     
    On April 16, 2001, the County of Macon (County) filed an administrative citation against
    Macon County Landfill (Landfill).
    See
    415 ILCS 5/31.1(c) (2000); 35 Ill. Adm. Code
    108.202(c). On April 19, 2001, the Board granted the complainant leave to file an amended
    administrative citation curing various deficiencies, on or before May 24, 2001. On May 21,
    2001, the County filed an amended administrative citation. County alleges that Landfill violated
    Section 21(o)(5) of the Environmental Protection Act (Act) (415 ILCS 5/21(o)(5) (2000)).
    County further alleges that Landfill violated this provision by conducting a sanitary landfill
    operation which resulted in uncovered refuse remaining from a previous operating day in the
    County of Macon.
     
    However, County failed to serve the administrative citation on Landfill 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). The violation was observed on February 15, 2001. County’s filing indicated
    Landfill was served on May 18, 2001. The Board therefore dismisses this case and closes the
    docket, due to lack of compliance with service requirements of Section 31.1(a) of the Act.
    See
     
    also
    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 October 4, 2001, by a vote of 7-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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