RECEIVED
CLERK'S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
APR 0
2006
STATE
O
ILLINOIS ENVIRONMENTAL
)
Pollution Cont of Board
PROTECTION AGENCY,
)
Complainant,
)
AC 06-20
V .
)
(IEPA No. 459-05-AC)
GEORGIA SHANK and STEVE SHANK, )
Respondents
.
)
NOTICE OF FILING
To :
Georgia Shank
Steve Shank
P.O. Box 195
2222 Dewey Street
Greenville, IL 62246
Greenville, IL 62246
PLEASE TAKE NOTICE that on this date I mailed for filing with the Clerk of the Pollution Control
Board of the State of Illinois the following instrument(s) entitled COMPLAINANT'S RESPONSE
TO MOTION TO DISMISS .
Respectfully submitted,
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
Dated :
March 30, 2006
~&_
A A-*.
...&r
Michelle M . Ryan
Special Assistant Attorney General
THIS FILING SUBMITTED ON RECYCLED PAPER
RECEIVED
CLERK'S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
APR 0 a 2006
STATE OF ILLINOIS
ILLINOIS ENVIRONMENTAL
Pollution Control
Board
)
PROTECTION AGENCY,
)
Complainant,
)
AC 06-20
V .
)
(IEPA No. 459-05-AC)
GEORGIA SHANK and STEVE SHANK,
)
Respondents .
)
COMPLAINANT'S RESPONSE TO MOTION TO DISMISS
NOW COMES the Complainant, the Illinois Environmental Protection Agency ("Illinois
EPA"), by and through its attorney, Michelle M . Ryan, pursuant to 35 Ill. Adm. Code 101 .500, and
respectfully states as follows
:
On
March 20, 2006, the Pollution Control Board ("Board") received a filing from
Respondents Georgia Shank and Steve Shank (collectively "Respondents"), dated March 16, 2006,
titled at the top of the page "Petition for Review" and re-titled under the caption "Motion to
Dismiss." Illinois EPA has never been served with this filing, and therefore, this Response does not
relate to that document
.
On March 27, 2006, the Board received a second filing from Respondents, undated, titled
under the caption "Motion to Dismiss ." It is this second filing, which was served on Illinois EPA on
March 16, 2006, to which this Response pertains . Because Respondents do not have the same
current legal status with respect to this case, the filing will be addressed separately as to each
Respondent, below
.
I
MOTION FOR FINAL ORDER AS TO RESPONDENT STEVE SHANK
(1)
Respondent Steve Shank was served with an Administrative Citation in this case on
January 7, 2006. Therefore, pursuant to 415 ILCS 5/31 .1(d)(1) (2004), and 35 111. Adm. Code
108.204(b), Respondent Steve Shank's Petition for Review was due on February 14, 2006
.
(2)
By order dated Febraury 16, 2006, the Board found that Respondent Steve Shank had
not yet filed a Petition for Review in this case
.
(3)
The first filing by Respondent Steve Shank in this matter was dated March 16, 2006,
and received by the Board on March 20, 2006 .
(4)
Pursuant to 415 ILCS 5/31 .1(d)(1) (2004), and 35 111. Adm. Code 108 .204(b),
Respondent Steve Shank has been in default since failing to file a timely Petition for Review in this
matter .
(5)
Pursuant to 415 ILCS 5/31.1(d)(1), the Board is required to adopt a final order as to
Respondent Steve Shank, finding the violations as alleged in the citation and imposing the penalty
specified in 415 ILCS 5/42(b)(4-5)
.
RESPONSE TO MOTION TO DISMISS BY RESPONDENT GEORGIA SHANK
(6)
Respondent Georgia Shank's Motion to Dismiss was filed with the Board on March
27, 2006
.
(7)
Respondent Georgia Shank was served with the Adminstrative Citation in this matter
on January 7, 2006
.
2
(8)
Pursuant to 35 111. Adm. Code 101 .506, motions to dismiss are required to be filed
"within 30 days after service" of the challenged pleading. Therefore, any motion to dismiss in this
case was due by February 6, 2006
.
(9)
Respondent Georgia Shank's Motion to Dismiss is untimely, and should be denied
.
WHEREFORE, Illinois EPA requests that the Board issue a final order against Respondent
Steve Shank as required by 415 ILCS 5/31 .1(d)(1) (2004), and deny Respondent Georgia Shank's
Motion to Dismiss
.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant
DATED: March 30, 2006
Michelle M. Ryan
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
3
PROOF OF SERVICE
I hereby certify that I did on the 30`h day of March, 2006, send by U.S. Mail, with postage
thereon fully prepaid, by depositing in a United States Post Office Box the following instrument(s)
entitled COMPLAINANT'S RESPONSE TO MOTION TO DISMISS
To :
Georgia Shank
Steve Shank
P.O. Box 195
2222 Dewey Street
Greenville, IL 62246
Greenville, IL 62246
and the original and nine (9) true and correct copies of the same foregoing instruments on the same
date by U.S. Mail with postage thereon fully prepaid
.
To :
Dorothy Gunn, Clerk
Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
ichelle M. Ryan
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
THIS FILING SUBMITTED ON RECYCLED PAPER
