ILLINOIS POLLUTION CONTROL BOARD
    August 17, 2006
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    v.
    JOHN SPOEDE,
    Respondent.
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    AC 07-1
    (IEPA No. 131-06-AC)
    (Administrative Citation)
    ORDER OF THE BOARD (by G.T. Girard):
    On July 10, 2006, complainant, the Illinois Environmental Protection Agency (Agency),
    filed an administrative citation with the Board against respondent, John Spoede (Spoede).
    See
    415 ILCS 5/31.1(c) (2004); 35 Ill. Adm. Code 101.300(b), 108.202(c). The administrative
    citation concerns Spoede’s facility located at 13871 Manito Road in Manito, Tazewell County.
    For the reasons below, the Board dismisses the administrative citation.
    Under the Environmental Protection Act (Act) (415 ILCS 5 (2004)), an administrative
    citation is an expedited enforcement action brought before the Board seeking civil penalties that
    are fixed by statute. Administrative citations may be filed only by the Agency or, if the Agency
    has delegated the authority, by a unit of local government, and only for limited types of alleged
    violations at sanitary landfills or unpermitted open dumps.
    See
    415 ILCS 5/3.305, 3.445, 21(o),
    (p), 31.1(c), 42(b)(4), (4-5) (2004); 35 Ill. Adm. Code 108.
    In this case, the Agency alleges that Spoede violated three provisions of the Act (415
    ILCS 5/21(p)(1), (p)(3), (p)(7) (2004)) at his Manito facility by causing or allowing the open
    dumping of waste resulting in litter, open burning, and the deposition of general or clean
    construction or demolition debris. The administrative citation requests the statutory penalties of
    $1,500 for each alleged violation, totaling $4,500 (415 ILCS 5/42(b)(4-5) (2004)). However, the
    Agency states in an August 10, 2005 motion to dismiss that it failed to serve the administrative
    citation on Spoede within “60 days after the date of the observed violation” as required by the
    Act. 415 ILCS 5/31.1(b) (2004));
    see also
    35 Ill. Adm. Code 101.300(c), 108.202(b). The
    Board therefore dismisses this case and closes the docket.
    See
    35 Ill. Adm. Code 108.402.
    IT IS SO ORDERED.
    2
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on August 17, 2006, by a vote of 4-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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