B°A114CLefielVE

S

OFVFIEI

CED

1 4

2008

Pollution

STATE

ConIr.t

NOIS

?Board

AC 08 - 20

Site Code: 0778085005

COUNTY OF JACKSON,

Complainant,

v.

JAMES MOAKE,

Respondents.

BEFORE THE ILLINOIS POLLUTION CONTROL

Alt

COMPLAINANT'S MOTION TO WITHDRAW AND

DISMISS ADMINISTRATIVE CITATION

NOW COMES the Complainant, the County of Jackson, ("County")., by and through its

attorney, Assistant State's Attorney, Daniel Brenner, and pursuant to Section 101.500 of the

Illinois Pollution Control Board's ("Board") Rules and Regulations, 35 III. Adm. Code 101.500,

hereby moves the Board for an order allowing the Complainant to withdraw and dismiss its

administrative citation in the above captioned matter; and in support hereof, the Complainant

respectfully states as follows:

1.

On April 3, 2008, the Pollution Control Board issued an Order acknowledging the

Complainant's filing of an administrative citation in this matter and the Respondent's filing of

their petition to contest the administrative citation; and assigned the matter for further

proceedings to a hearing officer.

2.

On August 12, 2008, Complainant inspected the Respondent's site and found it to

be cleaned up and in compliance with the open dumping laws.

Page 1 of 2

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3. Complainant advised the Hearing Officer and the Respondent that it would file a

motion to withdraw and dismiss its administrative citation.

WHEREFORE, the Complainant respectfully requests its administrative citation in this

matter be withdrawn and dismissed; and the proceedings be closed.

Respectfully submitted,

Daniel Brenner

Assistant State's Attorney

Jackson County Courthouse, Third Floor

Murphysboro, IL 62966

618-687-7200

For the Complainant

Page 2 of 2

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PROOF OF SERVICE

I hereby certify that I did on the 12TH

day of August 2008, send by U.S. Mail, with

postage thereon fully prepaid, by depositing in U.S. Post Office Box a true and correct copy

of the following instrument(s) entitled COMPLAINANT'S MOTION TO WITHDRAW AND

DISMISS ADMINISTRATIVE CITATION.

To: Carol Webb

Hearing Officer

Illinois Pollution Control Board

1021 North Grand Avenue East

P.O. Box 19274

Springfield, IL 62794-9274

James Moake

119 Century Lane

Murphysboro, IL 62966

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

Illinois Pollution Control Board

James R. Thompson Center

100 West Randolph Street, Suite 11-500

Chicago, IL 60601

Daniel Brenner

. Assistant State's Attorney

Jackson County Courthouse, 3

rd FL.

Murphysboro, IL 62966

618-687-7200

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