ILLINOIS POLLUTION CONTROL BOARD
November 20, 2003
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
LARRY LORD,
Respondent.
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AC
04-9
(IEPA No. 498-02-AC)
(Administrative
Citation)
ORDER OF THE BOARD (by T.E. Johnson):
On September 8, 2003, the Illinois Environmental Protection Agency (Agency) timely
filed an administrative citation against Larry Lord.
See
415 ILCS 5/31.1(c) (2002); 35 Ill. Adm.
Code 108.202(c). At issue is the Agency’s allegation that Larry Lord violated Section 21(p)(1),
(p)(5), and (p)(7) of the Environmental Protection Act. 415 ILCS 5/21(p)(1), (p)(5), and (p)(7)
(2002). The Agency further alleges that Larry Lord violated these provisions by causing or
allowing the open dumping of waste in a manner that resulted in (1) litter; (2) proliferation of
disease vectors; and (3) deposition of general construction or demolition debris or clean
construction or demolition debris at three miles south of Sparland, off Illinois Route 29, in
Marshall County.
However, the Agency states, in a November 7, 2003 motion to dismiss, that it failed to
serve the administrative citation on Larry Lord 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