ILLINOIS POLLUTION CONTROL BOARD
September 5, 2002
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
ED HEITZ,
Respondent.
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AC 03-2
(IEPA No. 310-02-AC)
(Administrative Citation)
ORDER OF THE BOARD (by C.A. Manning):
On July 19, 2002, the Illinois Environmental Protection Agency (Agency) timely filed
an administrative citation against Ed Heitz (Heitz).
See
415 ILCS 5/31.1(c) (2000); 35 Ill.
Adm. Code 108.202(c). The Agency alleges that Heitz violated Sections 21(p)(1), (p)(3), and
(p)(7) of the Environmental Protection Act (415 ILCS 5/21(p)(1), (p)(3), (p)(7) (2000)),
as
amended by
P.A. 92-0574, eff. June 26, 2002). The Agency further alleges that Heitz violated
these provisions by causing or allowing the open dumping of waste in a manner resulting in
litter, open burning, and deposition of construction or demolition debris at a facility located at
14085 Lara Trace, Bloomington, McClean County.
However, on August 19, 2002, the Agency filed a motion to withdraw the
administrative citation because Heitz was not served 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). The
Board grants the Agency’s motion, and accordingly, dismisses this case and closes the docket.
See
35 Ill. Adm. Code 108.402.
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the
Board adopted the above order on September 5, 2002, by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board