ILLINOIS POLLUTION CONTROL BOARD
    November
    2, 1989
    ILLINOIS
    ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Petitioner,
    )
    )
    v.
    )
    AC 87—38
    )
    (Adminstrative Citation)
    )
    (IEPA No. 8365-AC)
    JOHN LYBARGER AND
    DIANN LYBARGER,
    Respondents.
    ORDER OF THE BOARD
    (by J. Marlin)
    This matter comes before the Board upon
    a motion
    to dismiss
    filed by the Illinois Environmental Protection Agency
    (“Agency’t)
    on October
    26,
    1989.
    In support of
    its motion,
    the Agency states
    that since
    the administrative citation issued
    to the respondent
    was for an unpermitted dump,
    it
    is governed by IEPA v.
    PCB,
    186
    Ill.App.3d 995;
    542 N.E.2d 1141 (I11.App.
    5 Dist.
    1989),
    (Pressnall).
    The Agency states that this ruling requires
    dismissal of the citation issued to the respondent.
    The Agency’s
    motion is granted and this matter
    is dismissed.
    IT
    IS SO ORDERED.
    I,
    Dorothy M. Gunn, Clerk of the
    Illinois Pollution Control
    Board, hereby certify t~
    the above Order was adopted on
    the
    ~
    day of
    /L~-’-~~~_-
    ,
    1989,
    by a vote
    of
    ~-o
    .
    Dorothy M./Aunn,
    Cl’erk
    Illinois ~11ution
    Control Board

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