ILLINOIS POLLUTION CONTROL BOARD
    October 5, 2006
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    v.
    MICHAEL RICKARD,
    Respondent.
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    AC 07-10
    (IEPA No. 231-06-AC)
    (Administrative Citation)
    ORDER OF THE BOARD (by G.T. Girard):
    On August 24, 2006, complainant, the Illinois Environmental Protection Agency
    (Agency), filed an administrative citation with the Board against respondent Michael Rickard
    (Rickard).
    See
    415 ILCS 5/31.1(c) (2004); 35 Ill. Adm. Code 101.300(b), 108.202(c). The
    administrative citation concerns Rickard’s facility located at 22414 County Road 2300 N,
    Topeka, Mason 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 Rickard violated two provisions of the Act (415
    ILCS 5/21(p)(1) and (p)(3) (2004)) at his Topeka facility by causing or allowing the open
    dumping of waste resulting in litter and open burning. The administrative citation requests the
    statutory penalties of $1,500 for each alleged violation, totaling $3,000 (415 ILCS 5/42(b)(4-5)
    (2004)). However, the Agency states in a September 25, 2006 motion to dismiss that it failed to
    serve the administrative citation on Rickard 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 October 5, 2006, by a vote of 4-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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