ILLINOIS POLLUTION CONTROL BOARD
    February 5, 2004
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    CHRISTOPHER COLEMAN,
     
    Respondent.
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    AC 04-19
    (IEPA No. 583-03-AC)
    (Administrative Citation)
     
    ORDER OF THE BOARD (by J.P. Novak):
     
    This matter comes before the Board on complainant’s motion for reconsideration of the
    Board’s December 18, 2004 order finding a violation and imposing a penalty. The motion is
    granted, the order is vacated, and this case is dismissed.
     
    On October 22, 2003, the Illinois Environmental Protection Agency (Agency) timely
    filed an administrative citation against Christopher Coleman.
    See
    415 ILCS 5/31.1(c) (2002); 35
    Ill. Adm. Code 108.202(c). The Agency alleges that Christopher Coleman violated Section
    21(p)(1) and (p)(7) of the Environmental Protection Act. 415 ILCS 5/21(p)(1) and (p)(7) (2002).
    The Agency further alleges that Christopher Coleman violated these provisions by causing or
    allowing the open dumping of waste in a manner that resulted in litter and causing or allowing
    the open dumping of waste in a manner that resulted in accumulation of clean or general
    construction or demolition debris. This site is located northwest of the intersection of Route 127
    and Main Street, Alto Pass, Union County.
     
    On December 18, 2004, the Board entered a default order against Christopher Coleman.
    The Board noted that Christopher Coleman filed his challenge to the administrative citation on
    December 8, 2003, postmarked December 3, 2003. The Board found that the postmark date of
    the challenge was 40 days after the Agency served the administrative citation on October 24,
    2003. The Board concluded that Christopher Coleman had failed to timely file a petition within
    the 35 days allowed by law, and the Board entered an order finding that Christopher Coleman
    had violated Section 21(p) of the Act.
    See
    35 Ill. Adm. Code 108.204, 108.404.
     
    However, the Agency states, in a January 26, 2004 motion for reconsideration and to
    dismiss, that it failed to serve the administrative citation on Christopher Coleman within “60
    days after the date of the observed violation.” 415 ILCS 5/31.1(b) (2002);
    see also
    35 Ill. Adm.
    Code 108.202(b). The Agency asserts that Christopher Coleman was out of state and did not
    receive a copy of the administrative citation until November 11, 2003. It was his sister, Nicci
    Coleman, who does not live with him, who picked up his mail on October 24, 2003.
     
     
    2
    The Board grant’s the Agency’s motion to reconsider and vacates the December 18, 2003
    order. The Agency failed to make service of the administrative citation within 60 days of the
    August 29, 2003 inspection, as required by Section 31(a) of the Act. 415 ILCS 5/31(a) (2002).
    The Board therefore dismisses this case 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 February 5, 2004, by a vote of 4-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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