BEFORE

THE

ILLINOIS

POLLUTION

CONTROL

BOARD

r

LJLT

012008

STATE

°PILLINO

COUNTY

OF

JACKSON,

)

2

ollup

Control

8oaci

Complainant,

v.

)

ACO9-4

)

Site Code:

0778145021

LESTER

JOHNSON

and

ARTHUR

CROSS,

)

)

Respondents.

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

pursuantto

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

September

16,

2008,

the

Pollution

Control

Board

issued

an

Order

acknowledging

the

Complainant’s

filing of

an

administrative

citation

in

this

matter

and

the

Respondents’

filing

of

their

petitions

to

contest

the

administrative

citation;

and

assigned

the

matter

for

further

proceedings

to

a

hearing

officer.

2.

On

or

about

September

16,

2008,

Hearing

Officer,

Carol

Webb,

ordered

the

parties

to

appear

at

a

telephone

status

conference

on

October

6,

2008.

Page

1

of

2

---

3.

Complainant

has

re-inspected

the

site

and

found

it

to

be

cleaned

up

and

in

compliance

with

the

open

dumping

laws.

4.

Complainant

advised

the

Hearing

Officer and

the

Respondents

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withdrawn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

---

PROOF

OF

SERVICE

OCT

012008

sTh

OF

ILLINOIS

I

hereby

certify

that I

did

on

the

day

of

September

2008,

send

‘ki

flFriard

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

Lester

Johnson

3514 Town

Creek

Road

Murphysboro,

Illinois

62966

Arthur

Cross

3498

Town

Creek

Road

Murphysboro,

Illinois

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

61

8-687-7200

---