ILLINOIS POLLUTION CONTROL BOARD

May 11, 1989

ST. CLAIR COUNTY,

Complainant,

v.

)

AC 89—18

3

& R LANDFILL,

INC.,

)

Respondent

ORDER OF THE BOARD (by 3. Marlin):

On May

8,

1989,

3

&

R Landfill,

Inc.

(J&R)

filed

a Motion

to Dismiss

for lack

of jurisdiction.

The Board received

a

response by St. Clair County on May 10, 1989.

In

3

& R’s motion,

3

& R asserts

that the Board lacks

jurisdiction of this matter because, according

to 3

& R,

the

administrative citation issued by St. Clair County was improperly

served upon 3

&

R.

Specifically,

3

& R asserts that the

administrative citation was served on James Quinn

and that James

Quinn

is

not the registered

agent

for the corporation.

Attached

to

3

& R’s motion

is the annual report of 3

&

R,

which

lists

James Quinn

as

an officer

of the corporation

(specifically the

Secretary)

and not the registered

agent.

J

& R states that

service

of process on

a corporation may only

be effectuated by

serving papers upon the registered

agent.

As

a result, 3

& R

requests

that

this matter be dismissed.

In response,

St.

Clam

County first cites

35

Iii.

Adm.

Code 103.140(i)

for

the proposition

that

3

&

R waived any

jurisdictional objection

to the citation because

3

& R did not

raise the issue

in

its initial pleading

(petition for review

filed February

2, 1989).

Alternatively,

St. Clair County states

that

a corporation may be served with process

by means other

than

by serving

the registered

agent.

St. Clam

County asserts

that

serving

the citation upon James Quinn,

Secretary of

3

&

R,

equates

to proper service upon 3

&

R.

St.

Clam

County requests

that the Board deny

3

& R’s motion.

Section

31.1(b)

of the Environmental Protection Act

states:

Each

administrative

citation issued shall

be

served upon

the person named therein or such

person’s authorized agent

for service of process...

Ill.

Rev.

Stat.

1987,

ch.

111—1/2,

par.

1031(b).

99—55

---

—2--

The

term “person”

is defined by Section 3.26 of the Act

as

including

a corporation.

Under

35

Ill.

Adm.

Code 103.123, service of a complaint

may be accomplished by certified mail with

a signed receipt as

proof of service.

On January 12,

1989,

St.

Clair County filed

a signed

certified mail receipt as proof

of

service of the citation upon

3

& R.

The receipt indicate;s that the citation was mailed

to

“James Quinn,

3

& R Landfill,

Inc.”

Given Mr. Quinn’s position in 3

& R, the Board finds

that service

in accordance with Section 31.1(b)

was properly

effectuated upon 3

& R by mailing James Quinn

the citation.

3

&

R’s motion

is denied.

Additionally,

the Board

notes

that

Ill. Rev.

Stat.

1987,

ch.

110,

par.

2—204 states:

Service on private corporations.

A private

corporation may

be served

Cl)

by leaving

a copy of

the process with its registered

agent

on any

officer

or agent

of

the corporation

found anywhere

in the State;

or

(2)

in any other manner now

or

hereafter permitted by

law.

A private corporation

may also be notified by publication and mail

in

like manner

and with

like effect

as individuals.

While

it has been held that the Illinois Code of Civil Procedure

does

riot

apply

to Board proceedings,

(village of South Elgin

v.

Waste Management

of Illinois,

64

Ill.

App.

3d

365, 381 N.E.2d

778

(2d Dist.

1978)),

the Board notes that

its action today appears

to be generally consistent with the

intent of

the Illinois Code

of Civil Procedure.

The Board notes

that

it does not today address

the waiver

argument put forth

by St. Clam

County.

IT

IS SO ORDERED.

I,

Dorothy

M.

Gunn, Clerk

of the Illinois Pollution

Control Board, hereby certify that the above Order was

adopted on

the

/~!!

day

of

-~,

,

1989,

by

a vote

of

7C

D~rothyM. c~ln, Clerk

Illinois Pollution Control Board

99—56