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