1. BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
      2. MOTION TO DISMISS
    2. ADMINISTRATIVE CITATION
 
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
)
)
)
)
AC 07-32
v.
)
)
)
(IEPA No. 3-07-AC)
DON JOSE TANDY,
)
Respondent.
)
)
NOTICE OF FILING
To: Don Jose Tandy
404 W. Nicholas Street
Carlinville, IL 62626-1243
PLEASE TAKE NOTICE that on this date I electronically filed with the Clerk of the
Pollution Control Board of the State of Illinois the following instrument(s) entitled
POST-HEARING BRIEF OF COMPLAINANT.
Respectfully Submitted,
_________________________________
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
Dated: March 19, 2007
THIS FILING SUBMITTED ON RECYCLED PAPER
Electronic Filing, Received, Clerk's Office, March 19, 2007
 
1
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
)
)
)
)
AC 07-32
v.
)
)
)
(IEPA No. 3-07-AC)
DON JOSE TANDY,
)
Respondent.
)
)
MOTION TO DISMISS
ADMINISTRATIVE CITATION
NOW COMES the Complainant, the Illinois Environmental Protection Agency (“Illinois EPA”),
by and through its attorney, Special Assistant Attorney General Michelle M. Ryan, pursuant to 35 Ill.
Adm. Code 108.402, and respectfully states as follows:
(1)
On January 9, 2007, the Illinois EPA issued an Administrative Citation to Respondent
Don Jose Tandy, based on an inspection conducted on November 16, 2006.
(2)
On January 25, 2007, the Administrative Citation was sent back to the Illinois EPA from
the United States Postal Service, as unclaimed.
(3)
Because Don Jose Tandy was not timely served within 60 days as required by 415 ILCS
5/31.1(b), this Administrative Citation should be dismissed.
WHEREFORE, the Illinois Environmental Protection Agency requests that the Board dismiss the
Electronic Filing, Received, Clerk's Office, March 19, 2007
pending action against Don Jose Tandy.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
DATED: March 19, 2007
_________________________________
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
2
Electronic Filing, Received, Clerk's Office, March 19, 2007
PROOF OF SERVICE
I hereby certify that I did on the 19
th
day of March, 2007, 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 ADMINISTRATIVE CITATION
To: Don Jose Tandy
404 W. Nicholas Street
Carlinville, IL 62626-1243
and an electronic copy of the same foregoing instrument on the same date via electronic filing
To: Dorothy Gunn, Clerk
Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
_________________________________
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
Electronic Filing, Received, Clerk's Office, March 19, 2007

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