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
     

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