ILLINOIS POLLUTION CONTROL BOARD
November 20, 2003
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
TULLEY ROBINSON,
Respondent.
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AC
04-12
(IEPA No. 503-03-AC)
(Administrative
Citation)
ORDER OF THE BOARD (by T.E. Johnson):
On September 18, 2003, Illinois Environmental Protection Agency (Agency) timely filed
an administrative citation against Tulley Robinson.
See
415 ILCS 5/31.1(c) (2002); 35 Ill. Adm.
Code 108.202(c). At issue is the Agency’s allegation that Tulley Robinson violated Section
21(p)(1) of the Environmental Protection Act. 415 ILCS 5/21(p)(1) (2002). The Agency further
alleges that Tulley Robinson violated this provision by causing or allowing the open dumping of
waste in a manner that resulted in litter at 840 Berryville Road, Jonesboro, Union County.
However, the Agency states, in a November 7, 2003 motion to dismiss, that it failed to
serve the administrative citation on Tulley Robinson within “60 days after the date of the
observed violation.” 415 ILCS 5/31.1(b) (2002);
see also
35 Ill. Adm. Code 108.202(b). The
Board 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 November 20, 2003, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board