ILLINOIS POLLUTION CONTROL BOARD
December 21, 2006
COUNTY OF OGLE,
Complainant,
v.
MICHAEL JOHNSON,
Respondent.
)
)
)
)
)
)
(Administrative Citation)
)
)
)
AC 07-19
ORDER OF THE BOARD (by G.T. Girard):
On October 16, 2006, the County of Ogle (County) filed an administrative citation
against respondent Michael Johnson.
See
415 ILCS 5/31.1 (2004); 35 Ill. Adm. Code 108. The
administrative citation alleged that respondent 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
respondent’s Ogle County facility, which has the Illinois Environmental Protection Agency site
code number of 1418195007. 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.
Respondent did not file 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
respondent.
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 the
criminalization of the fact pattern that gave rise to the instant administrative citation,” adding
that the “People of the State of Illinois have filed Ogle County Case Number 06CM656, alleging
a violation of 415 ILCS 5/44(p)(1)([B]).” 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