ILLINOIS POLLUTION CONTROL BOARD
June 16, 2005
COUNTY OF LASALLE,
Complainant,
v.
HARRIET BAUGHER and JOHN
BAUGHER,
Respondents.
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AC 05-73
(LaSalle County No. 0998205005)
(Administrative Citation)
ORDER OF THE BOARD (by J.P. Novak):
On May 23, 2005, the County of LaSalle filed an administrative citation against Harriet
Baugher and John Baugher (the Baughers).
See
415 ILCS 5/31.1(c) (2002); 35 Ill. Adm. Code
108.202(c). The County of LaSalle alleged that on February 22, 2005, the Baughers violated
Section 21(p)(1) of the Environmental Protection Act (Act) (415 ILCS 5/21(p)(1) (2002)). The
County of LaSalle further alleges that the Baughers violated this provision by causing or
allowing the open dumping of waste in a manner that resulted in litter in Miller Township,
LaSalle County.
The Baughers have not filed a petition for review. But, for the following reasons, the
Board lacks jurisdiction to hear or enter a default judgment on the administrative citation:
(1) The County of LaSalle failed to timely serve the administrative citation on the
Baughers. The County of LaSalle served the administrative citation on the
Baughers on April 27, 2005, which was the 64th day after the observed violations.
This was not within “60 days after the date of the observed violation,” as required
by the Act.
See
415 ILCS 5/31.1(b) (2002);
see also
35 Ill. Adm. Code
108.202(b).
(2) The County of LaSalle failed to timely file the administrative citation with the
Board. The County of LaSalle did not mail the administrative citation to the
Board until May 17, 2005, which was the 20th day after service on the Baughers.
The Act required the County of LaSalle to file the administrative citation “no later
than 10 days after the date of service.”
See
415 ILCS 5/31.1(c) (2002);
see also
35 Ill. Adm. Code 108.202(c); 101.300(b)(2).
The Board accordingly dismisses the administrative citation.
IT IS SO ORDERED.
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Section 41(a) of the Environmental Protection Act provides that final Board orders may
be appealed directly to the Illinois Appellate Court within 35 days after the Board serves the
order. 415 ILCS 5/41(a) (2002);
see also
35 Ill. Adm. Code 101.300(d)(2), 101.906, 102.706.
Illinois Supreme Court Rule 335 establishes filing requirements that apply when the Illinois
Appellate Court, by statute, directly reviews administrative orders. 172 Ill. 2d R. 335. The
Board’s procedural rules provide that motions for the Board to reconsider or modify its final
orders may be filed with the Board within 35 days after the order is received. 35 Ill. Adm. Code
101.520;
see also
35 Ill. Adm. Code 101.902, 102.700, 102.702.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above order on June 16, 2005, by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board