BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
CLERKS
OFFICE
ILLINOIS
ENVIRONMENTAL
)
PROTECTION
AGENCY,
)
Er
25
2008
STATE
OF
ILLINOIS
Complainant,
)
AC
09-06
POIIüti
Control
Board
)
V.
)
(IEPA
No.
137-08-AC)
)
EU
WELL
and
PHYLLIS
BEERS,
and
)
JEREMY
BEERS,
)
Respondents.
NOTICE
OF
FILING
To:
Phyllis Beers
Jeremy
Beers
3825
48
th
Ave.
N
15281
Lighthouse
Road
St.
Petersburg,
FL
33714
Pittsburg,
IL 62974
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
MOTION
TO
DISMISS.
Respectfully
submitted,
Assistant
Counsel
Illinois Environmental
Protection
Agency
1021
North
Grand Avenue
East
P.O.
Box
19276
Springfield,
Illinois
62794-9276
(217) 782-5544
Dated:
September
23,
2008
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
ftCEgV
ERKS
OFFICE
ILLINOIS
ENVIRONMENTAL
)
PROTECTION
AGENCY,
)
EP
252008
STATE
OF
ILLINOIS
Complainant,
)
AC
09-06
pollution
Control
8
oard
V.
)
)
(JEPA
No.
137-08-AC)
)
EU
WELL
and PHYLLIS
BEERS,
and
)
JEREMY BEERS,
)
Respondents.
))
MOTION
TO
DISMISS
ADMINISTRATIVE
CITATION
NOW
COMES
the
Complainant,
the
Illinois
Environmental
Protection
Agency
(“Illinois
EPA”),
by
and
through
its
attorney,
Assistant
Counsel
Michelle
M.
Ryan,
pursuant
to 35
Ill.
Adm.
Code
108.402,
and
respectfully
states
as follows:
(1)
On
July28,
2008,
the
Illinois
EPA
filed
an
Administrative
Citation
against
Respondents
EUWELL and
PHYLLIS
BEERS,
and
JEREMY
BEERS,
based
on an
inspection
conducted
on
June
19,
2008.
(2)
Respondent
EUVTELL
BEERS
is
deceased,
and
threfore
this
Administrative
Citation
should
be
dismissed
as to
him.
(3)
The
Administrative
Citation
addressed
to
Respondent
JEREMY
BEERS
was
returned
to
the
Illinois
EPA
from
the
United
States
Postal
Service,
as unclaimed.
(4)
Because
Respondent
JEREMY
BEERS
was not
timely
served
within
60
days
as
required
by
415
ILCS
5/31.1(b), this Administrative
Citation
should
be dismissed
as
to him.
(5)
Based
on newly-discovered
circumstances
surrounding
this
case,
Illinois
EPA
believes
that it
is
now
appropriate
to dismiss
this
Administrative
Citation
against
Respondent
PHYLLIS
BEERS,
as well.
WHEREFORE,
the
Illinois
Environmental
Protection
Agency
requests
that
the
Board
dismiss
the
pending
action
against
all Respondents.
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY,
Complainant,
DATED:
September
23,
2008
j
)j
Miche
e M. Ryan
Assistant
Counsel
Illinois
Environmental
Protection
Agency
1021
North
Grand
Avenue
East
P.O.
Box 19276
Springfield,
Illinois
62794-9276
(217)
782-5544
PROOF
OF
SERVICE
I
hereby
certif’
that I did
on
the
23
day of
September,
2008,
send
by
U.S.
Mail
with
postage
thereon
fully
prepaid,
by depositing
in
a
United
States
Post
Office
Box
a
true
and correct
copy
of
the
following
instrument(s)
entitled
MOTION
TO DISMISS
To:
Phyllis
Beers
Jeremy
Beers
382548
th
Ave. N
15281
Lighthouse
Road
St.
Petersburg,
FL
33714
Pittsburg,
IL
62974
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:
John
Therriault,
Acting
Clerk
Pollution
Control
Board
James
R.
Thompson
Center
100
West
Randolph
Street,
Suite
11-500
Chicago,
Illinois
60601
Michelle
M.
Ryan
Assistant
Counsel
Illinois
Environmental
Protection
Agency
1021
North
Grand
Avenue
East
P.O.
Box
19276
Springfield,
Illinois
62794-9276
(217)
782-5544