ILLINOIS POLLUTION CONTROL BOARD

april 27,

1989

IN THE M1~TTEROF:

)

CkROL PT~RSONS,

)

i~C87—64

Respondent.

ORDER OF THE BO?~RD

(by J.

Marlin):

This matter comes before

the Board upon a motion to dismiss

an administrative Citation,

filed april

7,

1989 by

the Illinois

Environmental Protection agency (~gency). The action arose out

of an ~gency

inspection conducted May 6,

1987 where

it was

discovered

that the subject facility was an open dump,

never

having

an ~gency

permit.

~ Petition for Review was filed May 22,

1987.

This action was

continued generally

to await the outcome

of

a pending appeal

of another ?~dministrativeCitation.

Since

almost two years has passed with no action having been taken by

the z~gency, the agency believes the evidence

to

be somewhat

stale.

Thus,

in the interest

of fairness and through

no fault

of

the Respondent,

the agency requests the Board

to dismiss

the

action.

The 1~gency’smotion

is hereby granted and this matter

is

dismissed.

IT IS SO ORDERED.

B.

Forcade dissented.

I,

Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board,

hereby certify

that

the ab~yeorder was adopted on

the

_______________

day of

____________________,

1989,

by a

vote

of

/~—/

Dorothy M.

G,~q(n, Clerk

Illinois PolVution Control Board