ILLINOIS POLLUTION CONTROL BOARD
    October 6, 2005
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Complainant,
     
    v.
     
    LINDA HOLMES,
     
    Respondent.
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    AC 05-74
    (IEPA No. 143-05-AC)
    (Administrative Citation)
     
    ORDER OF THE BOARD (by G.T. Girard):
     
    On May 24, 2005, the Illinois Environmental Protection Agency (Agency) timely filed an
    administrative citation against Richard Holmes, doing business as Rich’s Towing, and Linda
    Holmes.
    See
    415 ILCS 5/31.1(c) (2004); 35 Ill. Adm. Code 108.202(c). The Agency alleged
    that on March 30, 2005, respondents violated Section 21(p)(1) of the Environmental Protection
    Act (Act) (415 ILCS 5/21(p)(1) (2004)). The Agency further alleges that respondents violated
    this provision by causing or allowing the open dumping of waste in a manner that resulted in
    litter at 56 Airport Road, Murphysboro, Jackson County.
     
    On June 27, 2005, Linda Holmes filed a petition for review, which the Board accepted for
    hearing by an order dated July 7, 2005. In that order, the Board found that Richard Holmes
    violated Section 21(p) of the Act. Richard Holmes had failed to timely file a petition. The
    Board ordered Richard Holmes to pay a civil penalty of $1,500 for a single violation of Section
    21(p)(1) of the Act. 415 ILCS 5/21(p)(1) (2004).
     
    On September 16, 2005, the Agency filed a motion to dismiss the administrative citation,
    stating, “it is appropriate that this Administrative Citation be dismissed as to the remaining
    Respondent, Linda Holmes.” Motion to Dismiss at 1;
    see
    415 ILCS 5/31.1(b) (2004) and 35 Ill.
    Adm. Code 108.402. The Board grants that motion and dismisses the administrative citation and
    Linda Holmes’ petition for review. The docket is closed.
     
    IT IS SO ORDERED.
     
    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) (2004);
    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.
     
    2
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on October 6, 2005, by a vote of 4-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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