ILLINOIS POLLUTION CONTROL BOARD
    August 8, 2002
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    RCS, INC. and ROBERT FOSNOCK,
     
    Respondents.
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    AC 02-58
    (IEPA No. 242-02-AC)
    (Administrative Citation)
     
    ORDER OF THE BOARD (by C.A. Manning):
     
    On June 3, 2002, the Illinois Environmental Protection Agency (Agency) filed an
    administrative citation against RCS, Inc. and Robert Fosnock (respondents).
    See
    415 ILCS
    5/31.1(c) (2000); 35 Ill. Adm. Code 108.202(c). The Agency alleges that respondents violated
    Sections 21(o)(5) and (o)(12) of the Environmental Protection Act (415 ILCS 5/21(o)(5),
    (o)(12) (2000)
    amended by
    P.A. 92-0574, eff. June 26, 2002). The Agency further alleges
    that respondents violated these provisions by conducting a sanitary landfill operation in a
    manner resulting in uncovered refuse remaining from a previous operating day, and failure to
    collect and contain litter at the end of the operating day at a facility at 1336 Crystal Lake Road
    in Jerseyville, Jersey County.
     
    However, the Agency failed to serve the administrative citation on respondents 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).
    1 The Board therefore dismisses this case and closes the docket.
    See
     
    35 Ill. Adm. Code 108.402.
     
    IT IS SO ORDERED.
     
     
     
     
     
     
     
     
    1 The Agency stated that the inspection occurred on April 2, 2002. Respondents were served
    with the citation on June 3, 2002, which is 62 days after the observed violation.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the
    Board adopted the above order on August 8, 2002, by a vote of 7-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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