BEFORE
    THE
    ]LLINOIS
    POLLUTION
    CONTROL
    BOARD
    CLERKS
    OFFICE
    ILLNOIS
    ENVIRONMENTAL
    )
    SEP
    25
    2Q08
    PROTECTION
    AGENCY,
    )
    STATE
    OF
    ILLINOIS
    )
    Pollution
    Control
    Board
    Complainant,
    )
    AC
    09-11
    )
    V.
    )
    (TEPANo.
    156-08-AC)
    )
    RUBY
    ACKLN
    and
    JOSEPH
    FLICK,
    )
    Respondents.
    )
    )
    NOTICE
    OF
    FILING
    To:
    Joseph
    Flick
    Ruby
    Acklin
    315
    Vine
    Street
    211
    Cobden
    School
    Road
    Cobden,
    IL
    62920
    Cobden,
    IL 62920
    PLEASE
    TAKE
    NOTICE
    that
    on
    this
    date
    I filed
    with
    the Clerk
    of the
    Pollution
    Control
    Board
    of the
    State
    of Illinois
    the following
    instrument(s)
    entitled
    MOTION
    TO DISMISS
    RESPONSDENT
    RUBY
    ACKLIN.
    Respectfully
    Submitted,
    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
    Dated:
    September
    23,
    2008
    BEFORE
    THE
    ILLINOIS
    POLLUTION
    CONTROL
    BOARD
    CLERK’S
    OFFiCE
    ILLINOIS
    ENVIRONMENTAL
    )
    SEP
    25
    ij
    PROTECTION AGENCY,
    )
    STATE
    OF
    ILLINOIS
    Complainant,
    )
    AC 09-11
    1
    0r
    Control
    Board
    V.
    )
    )
    (IEPANo.
    156-08-AC)
    )
    RUBY
    ACKLIN
    and JOSEPH
    FLICK,
    )
    Respondents.
    )
    MOTION
    TO
    DISMISS
    RESPONDENT
    RUBY
    ACKIJN
    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
    August
    25,
    2008,
    the Illinois
    EPA
    issued
    an
    Administrative
    Citation
    to
    Respondent
    Ruby
    Acklin,
    based
    on
    an inspection
    conducted
    on July
    17,
    2008.
    (2)
    On
    August
    29, 2008,
    the
    Administrative
    Citation
    was
    sent back
    to
    the
    Illinois
    EPA
    from
    the
    United
    States
    Postal
    Service,
    as
    unclaimed.
    (3)
    Because
    Respondent
    Ruby
    Acklin
    was
    not timely
    served
    within
    60 days
    as required
    by
    415
    ILCS
    5/31.1(b),
    this Administrative
    Citation
    should
    be
    dismissed
    as to
    her.
    WHEREFORE,
    the illinois
    Environmental
    Protection
    Agency
    requests
    that the
    Board
    dismiss
    the
    pending
    action
    as
    to Ruby
    Acklin.
    ILLINOIS
    ENVIRONMENTAL
    PROTECTION
    AGENCY,
    Complainant,
    DATED:
    September
    23, 2008
    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
    PROOF
    OF
    SERVICE
    I hereby
    certifi 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
    ofthe
    following
    instrument(s)
    entitled
    MOTION
    TO
    DISMISS
    RESPONDENT
    RUBY
    ACKLI.N
    To:
    Joseph Flick
    Ruby
    Acklin
    315
    Vine
    Street
    211
    Cobden
    School
    Road
    Cobden,
    IL
    62920
    Cobden,
    IL
    62920
    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
    \jJ\
    LLj\ibl
    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

    Back to top