ILLINOIS POLLUTION CONTROL BOARD
December 20,
1990
COUNTY OF JACKSON,
)
)
Complainant,
AC 90—88
v.
)
(County Case No. None
)
)
(Administrative Citation)
EVERETT
ALLEN
d/b/a/
)
ALLEN
WASTE
MANAGEMENT,
)
Respondent.
ORDER OF THE BOARD BY
(J.
C.
Marlin):
The
County
of
Jackson
(County)
filed
this
administrative
citation with the
Board
on November
9,
1990.
The Respondent,
Everett Allen, did not file a petition for review.
The Board has
discovered that the administrative citation is deficient in that
the
County’s
administrative
citation
failed
to
specify
the
provision of Section 2? which respondent was alleged to violate.
Section 31.1 of the Environmental Protection Act (Act) governs
the issuance of administrative citations.
Section 31.1(b)
states
that “each such citation issued
.
.
.
shall include the following
information:
1.
a statement specifying the provisions of
subsection
(p)
or
(q)
of Section 21 of which
the person was observed to be in violation;”
The Board is unable to issue an order finding the respondent
to be in violation of the Act when the County has not cited the
sections of the Act which were allegedly violated.
Therefore, the
Board hereby dismisses this administrative citation.
IT IS SO ORDERED.
I,
Dorothy M.
Gunn,
Clerk of the Illinois Pollution Control
Board,
hereby
certify that the above
Order was
adopted on the
__________
day
of
,
1990,
by
a
vote
of
~
Dorothy M.~unn, Clerk
Illinois Pollution Control Board
117—211