BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ADMINISTRATIVE CITATION
CLERK'S
COUNTY OF OGLE
)
Complainant,
STATE
AUG
OF
2
/LL/5
2006
)
pollution
Control
NoIS
Board
AC # 06-53
v.
)
(Administrative Citation)
GEORGE C
. HEAL
)
Respondent.
)
COMPLAINANT'S
RESPONSE
TO THE BOARD'S DIRECTION TO ADDRESS ADEOUACY OF SERVICE
ON THE RESPONDENT
The Complainant, the County of Ogle, respectfully responds to the Board's direction to
address the issue of adequacy of service of the Administrative Citation on the Respondent, and in
support of its position states as follows :
1 .
The enforcement provisions of the Environmental Protection Act, 415 ILCS 5/30,
et. seq . and 35 Ill. Adm. Code 101
.304 provide that an Administrative Citation
may be served upon the person complained against with written notice by certified
mail.
2.
The Administrative Citation in this matter was served upon the Respondent by
certified mail
; attached are copies of the mail receipts in this matter which were
sent to the Office of the Clerk of the Illinois Pollution Control Board and which
the Complainant re-submits with additional proof of service as Attachments A, B
and C.
citation.
3 .
Pursuant to 35 Ill . Adm Code 101 .300(c),
service by certified mail is presumed
complete on the date specified on the mail receipt
.
4
.
Due process does not require that the Complainant provide proof of actual notice
or receipt by the intended recipient for service to be effective, particularly when
provisions for service by certified mail are authorized by statute as they are under
the Environmental Protection Act and the Illinois Administrative Code .
5 .
Furthermore, the Respondent has filed a petition for review with the Board which
specifically addresses allegations contained in the Administrative Citation that
was served by certified mail ; this establishes that the Respondent was, in fact,
served with and in possession of the Administrative Citation
.
6.
The mail receipts submitted by the Complainant and the petition for review filed
by the Respondent belie any issue that the Respondent may raise challenging
service or notice of the Administrative Citation or any violation of due process
.
The Complainant respectfully requests this matter be set for hearing on the administrative
Date: ~~
'
2
1~
°(O By:
Respectfully Submitted,
John B. Roe
State's Attorney of Ogle County
OIL
Assistant S
State's Attorney's
e of Ogle County, Illinois
106 S. 5th St., Suite 110
Oregon, Illinois 61061
815-732-1170
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BEFORE TH ILLINOIS POLLUTION CONTROL BOARD
E
County of Ogle
)
CLERK 3O'VE Q
Complainant
)
AUG 2 J 2006
v.
AC
(Administrative
No
: 06-53
Citatfon?
pot
uttrE
n
ControlOF
MIN
Bo/d
)
George C . Heal
)
Respondent
)
PROOF OF SERVICE
The undersigned, under oath, states that a copy of the TRANSMITTAL LETTER TO THE
ILLINOIS POLLUTION CONTROL BOARD, NOTICE OF FILING, ENTRY OF
APPEARANCE, ADMINISTRATIVE CITATION, INFORMATIONAL NOTICE,
REMITTANCE FORM, INSPECTOR'S AFFIDAVIT, INSPECTION REPORT FORM WITH
ATTACHMENTS, & NOTICE OF CORRECTIVE ACTION was mailed to the persons named
above by United States Mail (Certified Mail, postage pre-paid and deposited in the United States
Mail) from Oregon, Illinois on June 15, 2006
. (See attached)
ornct I.SEW
TRISHA MORROW
NOLWY PUBUC-STATE OF
LU08
MyOOMMISSION EXPIRES W
12W20BS
B . Roe
State's Attorney of Ogle County
Subscribed & Sworn to before me
thisNOTARY
C
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C
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ADMINISTRATIVE CITATION
COUNTY OF OGLE
)
Complainant,
)
AC # 06-53
V.
)
(Administrative Citation)
GEORGE C
. HEAL
)
Respondent .
)
NOTICE OF FILING
To: George C . Heal
1581 E. Deerpath Lane
Franklin Grove, IL 61031-0099
PLEASE TAKE NOTICE that I have filed on August 25, 2006 with the Office of the Clerk of the
Pollution Control Board the COMPLAINANT'S RESPONSE TO THE BOARD'S DIRECTION
TO ADDRESS ADEQUACY OF SERVICE ON THE RESPONDENT of the Ogle County
State's Attorney as counsel for the IEPA, a copy of which is herewith served upon you
.
Date: August 25, 2006
Assistant State's Attorney Ken Zelazo
State's Attorney's Office of Ogle County, Illinois
106 S. 5'" St., Suite 110
Oregon, Illinois 61061
815-732-1170
THIS FILING IS SUBMITTED ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ADMINISTRATIVE CITATION
COUNTY OF OGLE
)
Complainant,
)
AC # 06-53
v.
)
(Administrative Citation)
GEORGE C. HEAL
)
Respondent .
)
CERTIFICATE OF SERVICE
I, the undersigned, certify that I have served the attached COMPLAINANT'S RESPONSE TO
THE BOARD'S DIRECTION TO ADDRESS ADEQUACY OF SERVICE ON THE
RESPONDENT, by certified mail, upon the following person(s) :
To: George C. Heal
1581 E. Deerpath Lane
Franklin Grove, IL 61031-0099
Date: August 25, 2006
By:
IV
Assistant State's Attorney Ken Zelazo
State's Attorney's Office of Ogle County, Illinois
106 S. 5th St ., Suite 110
Oregon, Illinois 61061
815-732-1170
