ILLINOIS POLLUTION CONTROL BOARD
    May 18,
    1995
    COUNTY OF DUPAGE,
    )
    Complainant,
    AC 94—92
    vs.
    )
    State’s Attorney
    File Nos. 94CD859
    WASTE MANAGEMENT OF ILLINOIS,
    )
    94SA859
    (Administrative Citation)
    Respondent.
    ORDER OF THE BOARD
    (by
    E.
    Dunham):
    This action was initiated on October 21,
    1994 by the filing
    of an administrative citation by the County of DuPage
    (County).
    The administrative citation charges Waste Management of Illinois
    (WNI) with the violation of Sections 21
    (0) (7) and 21
    (0) (10)
    of
    the Illinois Environmental Protection Act
    (415 ILCS 5/21
    (0) (7)
    and 5/21
    (0)(10)(l992).)
    The administrative citation alleges
    that
    WMI
    accepted wastes without necessary permits and accepted
    special waste without a required manifest.
    On April
    14,
    1995,
    the County filed a motion to withdraw
    it’s complaint.
    On April
    17,
    1995,
    the County filed a request
    for leave to withdraw its motion to dismiss.
    The County
    captioned its motion as a motion to dismiss, however, the County
    is requesting to withdraw its administrative citation.
    Therefore
    the Board will construe this as a motion to withdraw its
    administrative citation.
    On April 24,
    1995 the County filed a
    motion to withdraw its administrative citation and withdrew its
    motion for leave to withdraw its motion to withdraw.
    On May 3,
    1995
    WNI
    filed
    a response to the County’s April
    24,
    1995 motion to withdraw its administrative citation.
    WMI
    is
    requesting that the Board dismiss this administrative citation
    with prejudice.
    WNI
    argues that the administrative citations are
    time barred pursuant to Section 31.1(b)
    of the Act and thus
    cannot be brought again.
    (415 ILCS 5/31.1
    (1993).)
    Section
    31.1(b)
    of the Act states in pertinent that “whenever
    Agency
    personnel or personnel of a unit of local government
    ...
    on the
    basis of direct observation, determine that any person has
    violated any provision of subsection
    (p) or
    (q)
    of Section 21 of
    this Act, the Agency or such unit of local government may issue
    and serve an administrative citation upon such person within not
    more than
    60
    days after the date of the observed violation.”
    (Emphasis added.)
    We agree with
    WMI
    that the County is now time
    barred from bringing an administrative citation against
    WNI
    based
    on the direct observations of its inspector of August
    10,
    1994.
    However, to state that this matter is dismissed with prejudice
    would be in error, because this matter is being voluntarily
    withdrawn by the County.
    Therefore, the County’s request to
    withdraw the administrative citation is hereby granted.
    The
    docket in this matter is closed.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    r
    hereby certify that the above order was adopte~on the
    /
    day of
    _____________,
    1995,
    by a vote of
    ___________
    Dorothy N. rninn,
    Clerk
    Illinois Pbj’lution Control Board

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