ILLINOIS POLLUTION CONTROL BOARD
    August 18, 2005
    COUNTY OF JACKSON,
     
    Complainant,
     
    v.
     
    EDWARD TOW,
     
    Respondent.
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    AC 04-39
    (County Site Code: 0778155007)
    (Administrative Citation)
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On January 26, 2004, the County of Jackson (County) timely filed an administrative
    citation against Edward Tow (Tow).
    See
    415 ILCS 5/31.1(c) (2004); 35 Ill. Adm. Code
    108.202(c). The County alleges that Tow violated Section 21(p)(1) of the Environmental
    Protection Act (Act) (415 ILCS 5/21(p)(1) (2004)). The County further alleges that Tow
    violated these provisions by causing or allowing the open dumping of waste in a manner that
    resulted in litter at Vergennes/Section 13, Jackson County.
     
    On January 30, 2004, Tow timely filed a petition to contest the administrative citation.
    See
    415 ILCS 5/31.1(d) (2004); 35 Ill. Adm. Code 108.204(b). Tow alleges that (1) the property
    had been inaccessible to him; and (2) he had been barred from the property.
    See
    35 Ill. Adm.
    Code 108.206. The Board accepted the petition for hearing on February 5, 2004.
     
    On November 22, 2004, a hearing was held in this matter at the Jackson County Health
    Department in Murphysboro. On March 7, 2005, the parties made an oral motion to suspend the
    briefing schedule to allow Tow to have until July 31, 2005 to clean the site. Hearing Officer
    Carol Webb granted this motion on March 8, 2005. On August 8, 2005, the County filed a
    motion to withdraw and dismiss the administrative citation.
     
    In the motion to withdraw, the County asserts that an August 3, 2005 inspection showed
    the site had been cleaned, was in general compliance with the open dumping laws, and revealed
    no violations. Mot. at 1. The County asks that the citation be withdrawn and dismissed, and that
    the proceeding be closed.
     
    The Board grants the motion. The administrative citation is dismissed and the docket is
    closed.
     
    IT IS SO ORDERED.
     
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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that the Board
    adopted the above order on August 18, 2005, by a vote of 5-0.
     
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     
     
     

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