ILLINOIS POLLUTION CONTROL BOARD
    May 20, 2004
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    SHARYN FULLER and CARL BENEDICT
    d/b/a BENEDICT AUTO SALES,
     
    Respondents.
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    AC 04-60
    (IEPA No. 130-04-AC)
    (Administrative Citation)
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On April 6, 2004, the Illinois Environmental Protection Agency (Agency) timely filed an
    administrative citation against Sharyn Fuller (Fuller) and Carl Benedict d/b/a Benedict Auto
    Sales (Benedict) collectively (respondents).
    See
    415 ILCS 5/31.1(c) (2002); 35 Ill. Adm. Code
    108.202(c). The Agency alleges that respondents violated Sections 21(p)(1) of the
    Environmental Protection Act. 415 ILCS 5/21(p)(1) (2002). The Agency further alleges that
    respondents violated this provision by causing or allowing the open dumping of waste in a
    manner that resulted in litter at the a property located between Kickapoo Creek and the railroad
    tracks in Pottstown, Peoria County.
     
    As required, the Agency served the administrative citation on Benedict 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). To date, the Agency has not filed a proof of service on Fuller. To contest an
    administrative citation, a respondent must file a petition with the Board no later than 35 days
    after being served with the administrative citation. If a respondent fails to do so, the Board must
    find that he committed the violation alleged and impose the corresponding civil penalty. 415
    ILCS 31.1(d)(1) (2002); 35 Ill. Adm. Code 108.204(b), 108.406.
     
    On April 16, 2004, the Agency submitted proof that Benedict had received service on
    April 2, 2004; consequently, any timely petition for review for this respondent would have to be
    postmarked on or before May 7, 2004.
    See
    35 Ill. Adm. Code 101.300(b)(2). On May 4, 2004,
    Benedict filed a handwritten petition for review of the administrative citation.
    See
    415 ILCS
    5/31.1(d) (2002); 35 Ill. Adm. Code 108.204(b). In total, the petiti
    nd requesting a petition for review.”
     
    The Board finds that the petition for review is deficient because it does not states a basis
    for the appeal, and does not include an appropriate proof of service.
    See
    35 Ill. Adm. Code
    101.304 and 108.206.
     
     
    2
    The Board directs Benedict to file an amended petition for review that corrects these
    deficiencies on or before June 21, 2004. If Benedict fails to file an adequate amended petition,
    the Board may dismiss the appeal filed on May 4, 2004, as inadequate and enter an order of
    default against him, finding them in violation and assessing the statutory $1,500 penalty sought
    by the Agency.
     
     
    To date, the Agency has not filed any proof of service regarding Fuller. The Agency is
    directed to file the appropriate proof of service on or before June 4, 2004. If proof of service is
    not filed, the Board may dismiss the administrative citation against Fuller.
      
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on May 20, 2004, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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