ILLINOIS POLLUTION CONTROL BOARD
December 21, 2006
COUNTY OF OGLE,
Complainant,
v.
DONALD and LINDA EBERSOLE and
NATHAN MATTISON,
Respondents.
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(Administrative Citation)
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AC 07-18
ORDER OF THE BOARD (by G.T. Girard):
On October 16, 2006, the County of Ogle (County) filed an administrative citation
against respondents Donald and Linda Ebersole and Nathan Mattison.
See
415 ILCS 5/31.1
(2004); 35 Ill. Adm. Code 108. The administrative citation alleged that respondents violated
Sections 21(p)(1), (p)(3), and (p)(7) of the Environmental Protection Act (415 ILCS 5/21(p)(1),
(p)(3), (p)(7) (2004)) 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 violations
allegedly took place at respondents’ Ogle County facility, which has the Illinois Environmental
Protection Agency site code number of 1418195003. In its administrative citation, the County
sought the fixed statutory penalty of $1,500 for each alleged violation, for a total civil penalty of
$4,500.
None of the respondents filed a petition with the Board to contest the administrative
citation and the record contains no proof of the County’s service of the administrative citation
upon respondents.
See
415 ILCS 5/31.1(b), (c), (d)(1) (2004); 35 Ill. Adm. Code 108.202,
108.204. On December 6, 2006, the County filed a motion to dismiss this case “in its entirety
based [on] payment in full of the four-thousand, five-hundred ($4,500) dollars relevant to this
administrative citation and current compliance with section twenty-one (p) of the Illinois
Environmental Protection Act.” Motion at 1. The Board grants the County’s motion, dismisses
the administrative citation, and closes the docket.
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above order on December 21, 2006, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board