ILLINOIS POLLUTION CONTROL BOARD
    June 5, 2003
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    ARROWHEAD TREE REMOVAL, INC.,
     
    Respondent.
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    AC 03-24
    (IEPA No. 113-03-AC)
    (Administrative Citation)
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On March 20, 2003, Illinois Environmental Protection Agency (Agency) timely filed an
    administrative citation against Arrowhead Tree Removal, Inc. (Arrowhead).
    See
    415 ILCS
    5/31.1(c) (2002); 35 Ill. Adm. Code 108.202(c). The Agency alleges that Arrowhead violated
    Section 21(p)(1) of the Environmental Protection Act. 415 ILCS 5/21(p)(1) (2002). The Agency
    further alleges that Arrowhead violated this provision by causing or allowing the open dumping
    of waste in a manner that resulted in litter at the south side of Route 16 East, approximately one
    mile east of Jerseyville, Jersey County. The administrative citation meets the content
    requirements of 35 Ill. Adm. Code 108.202(b).
     
    On May 15, 2003, the Board issued a default order requiring Arrowhead to pay a penalty
    because Arrowhead had failed to file a petition for review of the citation. However, the Agency
    states in a May 22, 2003 motion for reconsideration and to dismiss, that it failed to serve the
    administrative citation on Arrowhead within “60 days after the date of the observed violation.”
    P.A. 92-0574, eff. June 26, 2002 (amended 415 ILCS 5/31.1(b) (2002));
    see also
    35 Ill. Adm.
    Code 108.202(b).
     
    The Board vacates its order of May 15, 2003, dismisses this administrative citation at the
    Agency’s request, 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 June 5, 2003, by a vote of 6-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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