ILLINOIS POLLUTION CONTROL BOARD
    January 20, 2005
     
    COUNTY OF MACON,
     
    Complainant,
     
    v.
     
    BLUE MOUND PLUMBING,
     
    Respondent.
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    AC
    05-41
     
    (MCSWMD File No. 2004-003-AC)
    (Administrative
    Citation)
     
    ORDER OF THE BOARD (by J.P. Novak):
     
    On November 23, 2004, the County of Macon timely filed an administrative citation
    against Blue Mound Plumbing.
    See
    415 ILCS 5/31.1(c) (2002); 35 Ill. Adm. Code 108.202(c).
    The County of Macon alleged that on September 29, 2004, Blue Mound Plumbing violated
    Section 21(p)(1) and (p)(7) of the Environmental Protection Act (Act) (415 ILCS 5/21(p)(1) and
    (p)(7) (2002)). The County of Macon further alleges that Blue Mound Plumbing violated these
    provisions by causing or allowing the open dumping of waste in a manner that resulted in (1)
    litter and (2) deposition of general construction or demolition debris or clean construction or
    demolition debris at 401 Railroad Avenue, Blue Mound, Macon County.
     
    On December 10, 2004, the County of Macon filed its proof of service of the
    administrative citation for lack of service on Blue Mound Plumbing.
    See
    35 Ill. Adm. Code
    108.402. In its transmittal letter, the County of Macon notes that the certified mail return receipt
    card is undated. The Board’s Clerk has checked the United States Postal Service website and
    determined that the administrative citation was served on Blue Mound Plumbing by the United
    States Postal Service on November 29, 2004, which was the 61st day after the date of the
    September 29, 2004 inspection.
     
    The Act requires service on the respondent 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). For these
    reasons, the Board hereby dismisses the administrative citation as untimely serviced.
     
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on January 20, 2005, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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