ILLINOIS POLLUTION CONTROL BOARD
    December 2, 2004
     
    COUNTY OF MONTGOMERY,
     
    Complainant,
     
    v.
     
    RONALD R. SIMMONS,
     
    Respondent.
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    AC
    05-25
     
    (County No. 2004-02-AC)
    (Administrative
    Citation)
     
    ORDER OF THE BOARD (by J.P. Novak):
     
    On September 13, 2004, the County of Montgomery timely filed an administrative
    citation against Ronald R. Simmons.
    See
    415 ILCS 5/31.1(c) (2002); 35 Ill. Adm. Code
    108.202(c). The County of Montgomery alleged that on July 29, 2004 Ronald R. Simmons
    violated Section 21(p)(1) of the Environmental Protection Act (Act) (415 ILCS 5/21(p)(1)
    (2002)). The County of Montgomery further alleges that Ronald R. Simmons violated this
    provision by causing or allowing the open dumping of waste in a manner that resulted in litter at
    the east half of the northeast quarter of Section 12, Township 7 North, Range 2 West of the Third
    Principal Meridian in Montgomery County.
     
    The County of Montgomery was required to serve the administrative citation on Michael
    Schwab 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). September 27, 2004 was the 60th day after the observed
    violation. As of the date of this order, the County of Montgomery has failed to file with the
    Board any proof of service on the respondent. For this reason, the Board, on its own motion,
    dismisses the administrative citation.
     
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on December 2, 2004, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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