ILLINOIS POLLUTION CONTROL BOARD
    March 26,
    1992
    SANGANON COUNTY,
    Complainant,
    v.
    )
    AC 92—9
    )
    (Case No.
    92—AC—2)
    ESG WATTS,
    INC,
    )
    (Administrative Citation)
    )
    Respondent.
    )
    ORDER OF THE BOARD
    (by J.
    C. Marlin):
    This matter comes
    before the Board
    on its own motion.
    The
    administrative citation was filed with the Board on February 18,
    1992.
    Section 31.1 of the Environmental Protection Act (Act)
    (Ill.
    Rev.
    Stat.
    1989,
    ch.
    111 1/2,
    par. 1001 et seq.)
    establishes the
    administrative
    citation
    process
    which
    allows
    for
    expeditious
    enforcement
    of
    a
    limited number
    of
    the Act’s
    provisions.
    The
    administrative citation process is similar to a speeding ticket in
    that
    the
    efficiency
    of
    the process
    is
    achieved
    by allowing
    a
    respondent to either not contest the citation and pay the statutory
    penalty or
    to contest the citation and receive
    a hearing on the
    merits.
    Because of the nature of the due process afforded in the
    administrative citation process, the Act details every step that a
    complainant
    must
    take
    to
    file
    and prosecute
    an
    administrative
    citation before the Board.
    Section 31.1(b) requires that an administrative citation must
    be
    served
    upon
    the
    respondent
    within
    60
    days
    of
    the
    observed
    violation.
    Section
    31.1(c)
    requires
    that
    a
    copy
    of
    each
    administrative citation shall
    be
    filed with the
    Board within
    10
    days after the respondent was served.
    Section 31.1(d)
    allows the
    respondent 35 days from the date of service to file a petition for
    review with the Board.
    Service and proof of service are essential
    requirements for a properly filed administrative citation.
    In this
    matter, the Board’s records do not contain any proof of service on
    the respondent.
    Therefore, this matter is dismissed for failure to
    prove service as required by statute.
    IT IS SO ORDERED.
    I, Dorothy M.
    Gunn,
    Clerk
    of the Illinois Pollution Control
    Boar4,.j~reby certify
    that the
    above
    order
    was
    adopted
    on
    the
    _________
    day
    of
    ~
    ,
    1992,
    by
    a
    vote
    of
    ‘7—c
    —7
    /‘~‘
    --~
    /
    ~
    ~
    Dorothy M.
    QØnn,
    Clerk
    Illinois Pollution Control Board
    131—555

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