ILLINOIS POLLUTION CONTROL BOARD
August 18, 2005
COUNTY OF JACKSON,
Complainant,
v.
GARY CLOVER,
Respondent.
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AC 05-76
(County Site Code 077 810 5010)
(Administrative Citation)
ORDER OF THE BOARD (by T.E. Johnson):
On June 3, 2005, the County of Jackson (County) timely filed an administrative citation
against Gary Clover (Clover).
See
415 ILCS 5/31.1(c) (2004); 35 Ill. Adm. Code 108.202(c).
The County alleges that on April 18, 2005, Clover violated Section 21(p)(1) and (p)(7) of the
Environmental Protection Act (415 ILCS 5/21(p)(1) and (p)(7) (2004)). The County further
alleges that Clover 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 1336 Hoffman Road, Murphysboro, Jackson
County.
On June 24, 2005, Clover timely filed a petition to contest the administrative citation.
See
415 ILCS 5/31.1(d) (2004); 35 Ill. Adm. Code 108.204(b). Clover asserts no basis for his
petition to review the administrative citation.
See
35 Ill. Adm. Code 108.206. The Board
accepted the petition for hearing on July 7, 2005.
During a status conference on August 9, 2005, the parties asserted that the site is clean,
and that the County intended to file a motion to voluntarily dismiss the proceeding. On
August 15, 2005, the County filed a motion to withdraw and dismiss the administrative citation.
In the motion to withdraw, the County asserts that an August 8, 2005 inspection showed
the site had been cleaned, and was in general compliance with the open dumping laws. 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 The County asks that the citation be withdrawn and dismissed, and that the proceeding be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, certify that the Board
adopted the above order on August 18, 2005, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board