ILLINOIS POLLUTION CONTROL BOARD
    November 20, 2003
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    ANTHONY FUNARO, JR.,
     
    Respondent.
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    AC
    04-15
     
    (IEPA No. 506-03-AC)
    (Administrative
    Citation)
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On September 25, 2003, Illinois Environmental Protection Agency (Agency) timely filed
    an administrative citation against Anthony Funaro, Jr..
    See
    415 ILCS 5/31.1(c) (2002); 35 Ill.
    Adm. Code 108.202(c). At issue is the Agency’s allegation that Anthony Funaro, Jr. 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 Anthony Funaro, Jr. violated these provisions by
    causing or allowing the open dumping of waste in a manner that resulted in (1) litter; and (2)
    deposition of general construction or demolition debris or clean construction or demolition debris
    at 401 South Oak Street, Carrier Mills, Saline County.
     
    However, the Agency states, in a November 14, 2003 motion to dismiss, that it failed to
    serve the administrative citation on Anthony Funaro, Jr. 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
    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 November 20, 2003, by a vote of 4-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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