ILLINOIS POLLUTION CONTROL
    BOARD
    December 20,
    1990
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Complainant,
    AC 89—231
    v.
    )
    (IEPA Case No. 9967-AC)
    )
    (Administrative Citation)
    LEON
    L~MET,
    )
    )
    Respondent.
    ORDER OF THE BOARD BY
    (B.
    Forcade):
    This matter comes before the
    Board on its
    own
    motion.
    The
    administrative citation in this matter was served to Leon
    Lamet
    on
    October
    21,
    1989.
    Leon
    Lamet
    died on January
    30,
    1990.
    The
    Illinois Environmental Protection Agency
    (Agency)
    filed a motion
    to substitute Leon Lamet’s estate as respondent in this matter on
    October
    12,
    1990.
    After receiving no response from the executor
    of the estate, the Hearing Officer granted the Agency’s motion on
    October 29,
    1990.
    The Board issued an Order on November 8,
    1990 requesting that
    the parties comment on the issue
    of substituting
    a respondent’s
    estate
    upon
    the death
    of the respondent
    as
    it
    pertains to an
    administrative citation proceeding.
    Neither party provided the
    Board with any legal analysis on the issue of the survivability of
    an administrative citation upon the death of a respondent.
    In Illinois, the abatement or survival of an action after the
    death of a party depends on whether the action is one of common law
    or of
    statute.
    When
    an
    action
    is created by statute and that
    statute, or any other statute, does not provide for survival of the
    action after the death of a party then that action abates upon the
    death of
    a party.
    Creighton v.
    Pope County,
    386
    Ill.
    468,
    54
    N.E2d
    543
    (1944);
    Shapiro
    v.
    Chernoff,
    3
    Ill.App.3d
    396,
    279
    N E.2d 454
    (Ill.
    App.
    1 Dist.
    1972); Fireman’s Fund Mortg.
    Cori.
    v.
    Zollicoffer,
    713
    F.Supp.
    1112
    (N.D.Ill.
    1989).
    The
    administrative citation is expressly created by statute
    (Ill. Rev.
    Stat.
    198_,
    ch.
    111
    1/2,
    par.
    1031.1)
    and does not contain any
    provision for survival of the cause of action.
    In accordance with
    Illinois law, this matter abated upon the death of Leon Lamet.
    The
    Board notes that the dismissal of an administrative citation due
    to the
    death
    of
    a
    named
    respondent
    also occurred
    in
    Illinois
    Environmental Protection Agency v.
    Donald and Catherine Bouthout,
    AC 89—170, Nay 24,
    1990.
    For the foregoing reasons,
    the Board hereby dismisses this
    117—195
    matter.
    IT IS SO ORDERED.
    I,
    Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution ControlBoard,~reby
    certify ~
    Order was adopted
    on the
    __________
    _________________
    1990,
    by
    a
    vote
    of
    ___________
    day
    of
    __________________
    ~Boar~
    Dorothy H. G
    ,
    Clerk
    Illinois P0.
    tion Contro
    117—196

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