ILLINOIS POLLUTION CONTROL BOARD
    September 16, 2008
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    v.
    NANCY KOLTZENBURG d/b/a K & N
    EXCAVATING AND RENTALS,
    Respondent.
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    AC 08-37
    (IEPA No. 77-08-AC)
    (Administrative Citation)
    ORDER OF THE BOARD (by G.T. Girard):
    On June 20, 2008, the Illinois Environmental Protection Agency (Agency) filed an
    administrative citation against Nancy Koltzenburg, doing business as K & N Excavating and
    Rentals (Koltzenburg).
    See
    415 ILCS 5/31.1 (2006); 35 Ill. Adm. Code 108. In today’s order,
    the Board dismisses this case because the Agency has failed to file proof of service of the
    administrative citation on Koltzenburg.
    The administrative citation concerns a facility located at 2405 East Highway 136,
    Carthage, Hancock County. The property is commonly known to the Agency as “K & N
    Excavating and Rentals” and is designated with Site Code No. 0670255034. The Agency alleges
    that Koltzenburg violated Sections 21(p)(1), (p)(3), and (p)(7) of the Environmental Protection
    Act (Act) (415 ILCS 5/21(p)(1), (p)(3), (p)(7) (2006)) at the property by causing or allowing the
    open dumping of waste in a manner resulting in litter, open burning, and the deposition of
    general or clean construction or demolition debris. The Agency seeks the fixed statutory
    penalties of $1,500 for each alleged violation, totaling $4,500.
    See
    415 ILCS 5/42(b)(4-5)
    (2006).
    Section 31.1(b) of the Act requires the Agency to serve an administrative citation on a
    respondent “within not more than 60 days after the observed violation.” 415 ILCS 5/31.1(b)
    (2006);
    see also
    35 Ill. Adm. Code 108.202(b). Failure to timely serve the citation deprives the
    Board of jurisdiction.
    See, e.g.
    , County of LaSalle v. Harriet and John Baugher, AC 05-73, slip
    op. at 1 (June 16, 2005) (dismissal for lack of jurisdiction after citation served on 64th day after
    site inspection). Additionally, the Agency is required to file a copy of the administrative citation
    with the Board “no later than 10 days after the date of service.” 415 ILCS 5/31.1(c) (2006);
    see
    also
    35 Ill. Adm. Code 108.202(c). Compliance with the Act’s 10-day filing requirement is also
    a jurisdictional prerequisite for the Board to hear or enter a default judgment on an
    administrative citation.
    See, e.g.
    , County of Perry v. Mike Tilley, AC 07-3, slip op. at 1 (Aug.
    17, 2006) (dismissal for lack of jurisdiction after citation was filed with the Board more than 10
    days after date of service).
    2
    Here, the administrative citation filed by the Agency on June 20, 2008, did not include
    the requisite proof of service. The Board has received no petition from Koltzenburg contesting
    the administrative citation. Despite repeated requests by the Clerk’s Office over the last few
    months, the Agency has not yet filed proof that the administrative citation was served on
    Koltzenburg. Further, over 60 days has passed since the filing of the citation, thus, timely
    service and the timely requisite proof of service are unlikely to be had.
    See
    415 ILCS 5/31.1(b),
    (c) (2006);
    see also
    35 Ill. Adm. Code 108.202(b), (c). Due to the Agency’s failure to file a
    proof of service, the Board cannot determine whether it has jurisdiction over this case.
    See
    415
    ILCS 5/31.1(b), (c) (2006). Under these circumstances, the Board dismisses the administrative
    citation and closes the docket.
    See
    35 Ill. Adm. Code 108.402.
    IT IS SO ORDERED.
    Section 41(a) of the Environmental Protection Act provides that final Board orders may
    be appealed directly to the Illinois Appellate Court within 35 days after the Board serves the
    order. 415 ILCS 5/41(a) (2006);
    see also
    35 Ill. Adm. Code 101.300(d)(2), 101.906, 102.706.
    Illinois Supreme Court Rule 335 establishes filing requirements that apply when the Illinois
    Appellate Court, by statute, directly reviews administrative orders. 172 Ill. 2d R. 335. The
    Board’s procedural rules provide that motions for the Board to reconsider or modify its final
    orders may be filed with the Board within 35 days after the order is received. 35 Ill. Adm. Code
    101.520;
    see also
    35 Ill. Adm. Code 101.902, 102.700, 102.702.
    I, John Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
    Board adopted the above order on September 16, 2008, by a vote of 4-0.
    ___________________________________
    John Therriault, Assistant Clerk
    Illinois Pollution Control Board

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