ILLINOIS POLLUTION CONTROL BOARD
November 20, 2008
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
JOHN KRAUSHAAR, JR. and KYLE
KRAUSHAAR,
Respondents.
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AC 09-17
(IEPA No. 293-08-AC)
(Administrative Citation)
ORDER OF THE BOARD (by G.T. Girard):
On October 17, 2008, the Illinois Environmental Protection Agency (Agency) filed an
administrative citation against John Kraushaar, Jr. and Kyle Kraushaar (respondents).
See
415
ILCS 5/31.1 (2006); 35 Ill. Adm. Code 108. The administrative citation concerns a property
located at 531 W. Bridgeport Street in White Hall, Greene County. The property is commonly
known to the Agency as the “White Hall/Kraushaar #2” site and is designated with Site Code
No. 0610405019. The Agency 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) (2006)) 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.
On November 17, 2008, the Agency filed a motion to voluntarily dismiss the
administrative citation. In the motion, the Agency states that it failed to serve the administrative
citation on respondents within “60 days after the date of the observed violation.” 415 ILCS
5/31.1(b) (2006);
see also
35 Ill. Adm. Code 108.202(b). The Board therefore grants the
Agency’s motion, dismisses this case, and closes the docket.
See
35 Ill. Adm. Code 108.402.
IT IS SO ORDERED.
I, John Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
Board adopted the above order on November 20, 2008, by a vote of 5-0.
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John Therriault, Assistant Clerk
Illinois Pollution Control Board