ILLINOIS POLLUTION CONTROL BOARD
August 8, 2002
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
RCS, INC. and ROBERT FOSNOCK,
Respondents.
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AC 02-58
(IEPA No. 242-02-AC)
(Administrative Citation)
ORDER OF THE BOARD (by C.A. Manning):
On June 3, 2002, the Illinois Environmental Protection Agency (Agency) filed an
administrative citation against RCS, Inc. and Robert Fosnock (respondents).
See
415 ILCS
5/31.1(c) (2000); 35 Ill. Adm. Code 108.202(c). The Agency alleges that respondents violated
Sections 21(o)(5) and (o)(12) of the Environmental Protection Act (415 ILCS 5/21(o)(5),
(o)(12) (2000)
amended by
P.A. 92-0574, eff. June 26, 2002). The Agency further alleges
that respondents violated these provisions by conducting a sanitary landfill operation in a
manner resulting in uncovered refuse remaining from a previous operating day, and failure to
collect and contain litter at the end of the operating day at a facility at 1336 Crystal Lake Road
in Jerseyville, Jersey County.
However, the Agency failed to serve the administrative citation on respondents within
“60 days after the date of the observed violation.” 415 ILCS 5/31.1(b) (2000);
see also
35 Ill.
Adm. Code 108.202(b).
1 The Board therefore dismisses this case and closes the docket.
See
35 Ill. Adm. Code 108.402.
IT IS SO ORDERED.
1 The Agency stated that the inspection occurred on April 2, 2002. Respondents were served
with the citation on June 3, 2002, which is 62 days after the observed violation.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the
Board adopted the above order on August 8, 2002, by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board