ILLINOIS POLLUTION CONTROL BOARD
    February 15, 2001
    STUART C. NUSS,
    Complainant,
    v.
    VILLAGE OF DURAND,
    Respondent.
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    PCB 01-30
    (Enforcement – Citizens, Water)
    ORDER OF THE BOARD (by C.A. Manning):
    On August 14, 2000, Stuart C. Nuss (Nuss) filed a complaint against the Illinois
    Environmental Protection Agency (Agency) and the Village of Durand (Durand). On
    October 19, 2000, the Board dismissed the Agency and granted Nuss leave to file an amended
    complaint against Durand on or before November 18, 2000. On November 22, 2000, the
    Board received Nuss’s amended complaint.
    1
    However, because the filing was unsigned and did not include proof of service on
    Durand, Board Hearing Officer John Knittle contacted Nuss and requested that Nuss remedy
    these deficiencies and file another amended complaint. On January 25, 2001, Nuss filed a
    signed amended complaint with proof of service on David Mulvain, identifying Mulvain only
    as a member of the Village of Durand Board.
    In actions against a village, summons may be served by leaving a copy with “the
    president of the board of trustees or village clerk.” 735 ILCS 5/2-211(2000).
    Given Nuss’s failure to properly serve the president of the board or village clerk, the
    Board dismisses this complaint for lack of jurisdiction over Durand. In so finding, the Board
    makes no ruling on the sufficiency or merits of the complaint. The docket is now closed.
    However, Nuss is free to file a new complaint in this matter, addressing the issues raised by
    the Board in this and the prior Board order. If Nuss has any questions regarding this process,
    Nuss may contact Hearing Officer John Knittle at 312-814-3473.
    IT IS SO ORDERED.
    1
    Section 101.300(b)(2) states “if a document is filed by U.S. Mail subsequent to a filing
    deadline, yet the postmark date precedes the filing deadline, the document will be deemed filed
    on the postmark date.” 35 Ill. Adm. Code 101.300(b)(2). The postmark is dated
    November 16, 2000, and thus Nuss’s amended complaint was timely filed.
    2
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1998)) provides for the
    appeal of final Board orders to the Illinois Appellate Court within 35 days of the date of service
    of this order. Illinois Supreme Court Rule 335 establishes such filing requirements. See 172 Ill.
    2d R. 335; see also 35 Ill. Adm. Code 101.520, Motions for Reconsideration.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that the
    above order was adopted on the 15th day of February 2001 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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