ILLINOIS POLLUTION CONTROL BOARD
    January 23,
    1992
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Complainant,
    )
    v.
    )
    AC 91—49
    )
    (IEPA No. 674—91-AC)
    WALTER KLOCKENGA,
    )
    (Administrative Citation)
    Respondent.
    )
    ORDER OF THE BOARD
    (by J.
    C. Marlin):
    This
    matter
    comes
    before the Board
    on
    a
    January
    22,
    1992
    motion to withdraw and dismiss the administrative citation filed by
    the Illinois Environmental Protection Agency (Agency).
    In support
    of
    its motion
    the Agency
    states
    that the respondent has passed
    away.
    The Agency cites to several Board decisions which hold that
    the cause of action in an administrative citation does not survive
    the death
    of the party.
    IEPA v. Leon Lamet, AC 89-231,
    117
    PCB
    195, December 20,
    1990); IEPA v.~Dpnaldand Catherine Bouthot, AC
    89—170,
    111 PCB 439, May 24,
    1990
    The Agency’s motion to withdraw the administrative citation is
    granted without prejudice to any future administrative citations.
    This
    matter
    is closed.
    IT IS SO ORDERED.
    I,
    Dorothy N.
    Gunn,
    Clerk
    of the Illinois Pollution Control
    Board,
    hereby
    certify
    ~4~at the
    above
    Order
    was
    adopted
    on
    the
    __________
    day
    of
    ,
    1992,
    by
    a
    vote
    of
    ()
    Illinois
    Control Board
    129—353

    Back to top