ILLINOIS POLLUTION CONTROL BOARD
    October 21, 2004
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    JOHN GROFF and ROBERT GROFF,
     
    Respondents.
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    AC 05-20
    (IEPA No. 412-04-AC)
    (Administrative Citation)
     
    ORDER OF THE BOARD (by N.J. Melas):
     
    On October 8, 2004, the Illinois Environmental Protection Agency (Agency) moved the
    Board to dismiss this administrative citation against respondent Mr. Robert Groff because the
    Agency failed to timely serve him.
    See
    415 ILCS 5/31.1(c) (2002); 35 Ill. Adm. Code
    108.202(c). The Agency alleged that on August 30, 2004, Mr. Robert Groff and Mr. John Groff
    violated Section 21(p)(1), (p)(3), and (p)(7) of the Environmental Protection Act (415 ILCS
    5/21(p)(1), (p)(3), and (p)(7) (2002)). The Agency further alleges that John Groff and Robert
    Groff violated these provisions by causing or allowing the open dumping of waste in a manner
    that resulted in (1) litter, (2) open burning, and (3) deposition of general construction or
    demolition debris or clean construction or demolition debris at 2503 Barton Road, Junction City,
    Marion County.
     
    As required, the Agency served the administrative citation on John Groff 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). On October 4, 2004, John Groff timely filed a petition to contest the administrative
    citation.
    See
    415 ILCS 5/31.1(d) (2002); 35 Ill. Adm. Code 108.204(b). The Board accepted
    John Groff’s petition for hearing on October 7, 2004.
     
    On September 10, 2004, the administrative citation addressed to Robert Groff was
    returned to the Agency unclaimed. Therefore, the Agency argues, the respondent was not timely
    served within 60 days, as required by Section 31.1(b), and this administrative citation should be
    dismissed.
    See
    415 ILCS 5/31.1(b) (2002). The Board agrees, and accordingly, grants the
    Agency’s motion to dismiss Robert Groff from this action. Future captions in this case will list
    John Groff as the only respondent. Hearing on John Groff’s petition for review will proceed
    consistent with the Board’s order of October 7, 2004.
     
    IT IS SO ORDERED.
     
    2
     
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on October 21, 2004, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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