ILLINOIS POLLUTION CONTROL BOARD
    April 19, 2007
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    v.
    DON JOSE TANDY,
    Respondent.
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    AC 07-32
    (IEPA No. 3-07-AC)
    (Administrative Citation)
    ORDER OF THE BOARD (by G.T. Girard):
    On January 11, 2007, the Illinois Environmental Protection Agency (Agency) filed an
    administrative citation against Don Jose Tandy (Tandy).
    See
    415 ILCS 5/31.1(c) (2004); 35 Ill.
    Adm. Code 108.202(c). The administrative citation concerns Tandy’s facility located at 851
    Basswood Avenue in Royal Lakes, Macoupin County. The facility is designated with Site Code
    No. 1170835009. For the reasons below, the Board grants the Agency’s motion to dismiss this
    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 administrative citation alleges that Tandy violated Sections 21(p)(1) and
    (3) of the Act (415 ILCS 5/21(p)(1), (3) (2004)) by causing or allowing the open dumping of
    waste in a manner resulting in litter and open burning. However, on March 19, 2007, the
    Agency filed a motion to dismiss this administrative citation, stating that the Agency failed to
    serve the administrative citation on Tandy within “60 days after the date of the observed
    violation” as required by the Act.
    See
    415 ILCS 5/31.1(b) (2004);
    see also
    35 Ill. Adm. Code
    108.202(b). The Board grants the Agency’s motion, 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 April 19, 2007, by a vote of 3-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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