ILLINOIS POLLUTION CONTROL BOARD
    December 2, 2004
     
    COUNTY OF MONTGOMERY,
     
    Complainant,
     
    v.
     
    MICHAEL SCHWAB,
     
    Respondent.
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    AC
    05-26
     
    (County No. 2004-01-AC)
    (Administrative
    Citation)
     
    ORDER OF THE BOARD (by J.P. Novak):
     
    On September 15, 2004, the County of Montgomery timely filed an administrative
    citation against Michael Schwab.
    See
    415 ILCS 5/31.1(c) (2002); 35 Ill. Adm. Code 108.202(c).
    The County of Montgomery alleged that on August 2, 2004, Michael Schwab violated Section
    21(p)(1) and (p)(7) of the Environmental Protection Act (415 ILCS 5/21(p)(1) and (p)(7)
    (2002)). The County of Montgomery further alleges that Michael Schwab violated these
    provisions by causing or allowing the open dumping of waste in a manner that resulted in (1)
    litter and (7) deposition of general construction or demolition debris or clean construction or
    demolition debris at the southwest quarter of the northwest quarter of Section 3, Township 8
    North, Range 5 West in Montgomery County.
     
    The County of Montgomery was required to serve the administrative citation on Michael
    Schwab 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). October 1, 2004 was the 60th day after the observed
    violation. As of the date of this order, the County of Montgomery has failed to file with the
    Board any proof of service on the respondent. For this reason, the Board, on its own motion,
    dismisses the administrative citation.
     
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on December 2, 2004, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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