ILLINOIS POLLUTION CONTROL BOARD
    October 2, 2003
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    JERRY SUMMERS,
     
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
     
     
     
      
    AC 04-5
    (IEPA No. 389-03-AC)
    (Administrative Citation)
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On August 6, 2003, the Illinois Environmental Protection Agency (Agency) timely filed
    an administrative citation against Jerry Summers (Summers).
    See
    415 ILCS 5/31.1(c) (2002); 35
    Ill. Adm. Code 108.202(c). At issue is the Agency’s allegation that Summers violated Section
    21(p)(1) and (p)(7) of the Environmental Protection Act. 415 ILCS 5/21(p)(1) and (p)(7) (2002).
    The Agency further alleges that Summers violated these provisions by causing or allowing the
    open dumping of waste in a manner that resulted in litter and in deposition of general
    construction or demolition debris, or clean construction or demolition debris, at a facility located
    in the southeast quarter of Section 29, Township 6 North, Range 1 east of the Third Principal
    Meridian, in Fayette County.
     
    The Agency states in a September 17, 2003 motion to dismiss, that it failed to serve the
    administrative citation on Summers within “60 days after the date of the observed violation” and
    requests that the Board dismiss the pending action.
    See
    415 ILCS 5/31.1(b) (2002);
    see also
    35
    Ill. Adm. Code 108.202(b). The Board grants the motion, and therefore 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 October 2, 2003, by a vote of 7-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

    Back to top