ILLINOIS POLLUTION CONTROL BOARD
    September 5, 2002
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    JAMES POTTER,
     
    Respondent.
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    AC 02-43
    (IEPA No. 49-02-AC)
    (Administrative Citation)
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On March 14, 2002, the Illinois Environmental Protection Agency (Agency) timely
    filed an administrative citation against James Potter (Potter). The Agency alleges that Potter
    violated Section 21(p)(1) and (p)(3) of the Environmental Protection Act (Act). 415 ILCS
    5/21(p)(1) and (p)(3) (2000). On April 25, 2002, Potter filed a petition for review contesting
    the administrative citation. Potter’s facility is located on the northwest corner of US 36 and
    Scotland Road, Prairie Township, Edgar County. The Board accepted the petition for hearing
    on May 2, 2002.
     
    On August 19, 2002, the Agency filed a motion to withdraw the administrative citation.
    In the motion, the Agency asserts that based on its review of financial documentation submitted
    by Potter and the fact that no compliance issues remain, the Agency believes it is appropriate
    to withdraw the administrative citation. Potter has not filed a response to the motion.
     
    Pursuant to Section 101.500(d) of the Board’s procedural rules, if no response to a
    motion is filed within 14 days after service, the party will be deemed to have waived objection.
    See
    35 Ill. Adm. Code 101.500(d). The Agency’s motion to withdraw the administrative
    citation is granted, and the docket is closed.
     
    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

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