ILLINOIS POLLUTION CONTROL BOARD
    November 2, 2006
    COUNTY OF WAYNE,
    Complainant,
    v.
    JULIAN BUCHANAN,
    Respondent.
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    AC 06-55
    (Site Code 1910405002)
    (Administrative Citation)
    ORDER OF THE BOARD (by G.T. Girard):
    On June 22, 2006, the County of Wayne timely filed an administrative citation against
    Julian Buchanan.
    See
    415 ILCS 5/31.1(c) (2004); 35 Ill. Adm. Code 108.202(c). The County of
    Wayne (County) alleged that on May 16, 2006 Julian Buchanan violated Section 21(p)(1) of the
    Environmental Protection Act (415 ILCS 5/21(p)(1) (2004)). The County further alleges that
    Julian Buchanan violated this provision by causing or allowing the open dumping of waste in a
    manner that resulted in litter. The alleged violations occurred in Arrington Township, Wayne
    County.
    As required, the County served the administrative citation on Julian Buchanan within “60
    days after the date of the observed violation.” 415 ILCS 5/31.1(b) (2004);
    see also
    35 Ill. Adm.
    Code 108.202(b). On July 24, 2006, Julian Buchanan timely filed a petition to contest the
    administrative citation.
    See
    415 ILCS 5/31.1(d) (2004); 35 Ill. Adm. Code 108.204(b). Julian
    Buchanan alleges that the alleged violations were the result of uncontrollable circumstances:
    debris on the site was what remained of buildings damaged or destroyed by a tornado in April
    2002. He further asserts that the remaining debris has since been removed from the site.
    See
    35
    Ill. Adm. Code 108.206. The Board accepted the petition for hearing by order of September 21,
    2006.
    On October 20, 2006, the parties filed a joint motion to dismiss. The motion asserts that
    the County withdraws the administrative citation, and that respondent requests that the case be
    closed.
    The motion to withdraw the administrative citation is granted. Accordingly, the Board
    dismisses Mr. Buchanan’s petition for review as moot, and closes the docket.
    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 November 2, 2006, by a vote of 4-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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