ILLINOIS POLLUTION CONTROL BOARD
    August
    5,
    1993
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    Complainant,
    v.
    )
    AC 93—21
    (Administrative Citation)
    IEPA No.
    318—93 AC
    CITY OF HERRIN,
    )
    Respondent.
    ORDER OF THE BOARD
    (by C.
    A.
    Manning):
    This matter comes before the Board on a motion filed on July
    14,
    1993, by the Respondent,
    City of Herrin, to dismiss the
    administrative citation filed by the Illinois Environmental
    Protection Agency
    (Agency).
    The Agency filed the administrative
    citation
    (AC) pursuant to Section 31.1 of the Illinois
    Environmental Protection Act
    (Act)
    on June 24,
    1993.
    The AC
    alleges that the City of Herrin violated Sections 21(o) (2)
    and 21
    (0)
    (3)
    of the Act.
    Respondent’s motion to dismiss alleges that
    the Agency failed to submit an affidavit as required by Section
    31.1(b) (5)
    of the Act.
    Section 31.1(b) (5)
    of the Act requires
    that an administrative citation be accompanied by an affidavit by
    the personnel observing the violation(s),
    attesting to their
    material actions and observations.
    The Respondent makes the
    unsworn allegation that the administrative citation it received
    from the Agency did not include the required affidavit.
    The Agency filed an objection to the motion to dismiss on
    July 22,
    1993.
    In that objection,
    it filed an affidavit of the
    person responsible for processing AC’s who swore that she,
    in her
    normal course of operation,
    included the appropriate affidavit
    and mailed it to the Village of Herrin along with the
    administrative citation.
    Upon review of the filings in this matter, the Board takes
    administrative notice that the administrative citation filed by
    the Agency with the Board contains the appropriate affidavit as
    required by Section 3l.1(b)(5).
    In the normal course of
    business, the administrative citation package filed by the Agency
    with the Board is the same as that which
    is sent to the parties.
    Based on Respondent’s unsworn allegation that the
    appropriate affidavit did not accompany the citation,
    the Board
    declines to grant this motion to dismiss.
    This matter will
    proceed to hearing.
    2
    IT IS SO ORDERED.
    I,
    Dorothy
    M. Gunn,
    Clerk of the Illinois Pollution Control
    Bo~rd,hereby cer~i,f~’that the above order was adopted on tije
    ~
    day of
    (~/~z~w~—1--
    ,
    1993 by a vote of
    C~.
    ~?
    ~
    .L~
    Dorothy M.
    G,~ycn, Clerk
    Illinois Po~,ZutionControl Board

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