BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
AC l I
V .
)
(IEPA
No
. 3-07-AC)
DON JOSE TANDY,
)
Respondent.
)
NOTICE OF FILING
To:
Don Jose Tandy
404 W . Nicholas Street
Carlinville, Illinois 62626-1243
RECEIVED
CLERKS OFFICE
MAR 3 0 2001
Pollution
STATE OF
Control
ILLINOISBoard
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,
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O
. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
Dated: March 5, 2007
r
Michelle M
. Ryan
Special Assistant Attorney General
THIS FILING SUBMITTED ON RECYCLED PAPER
(3)
BEFORE THE
ADMINISTRATIVE
ILLINOIS POLLUTION
CITATIONCONTROL
BOARD
RER
EOIVIED
MAR 3 0 2007
ILLINOIS ENVIRONMENTAL
STATE OF ILLINOIS
)
PROTECTION
AGENCY,
Pollution Control Boaro
)
Complainant,
)
AC
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 .
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
.
THIS FILING SUBMITI ED ON RECYCLED PAPER
WHEREFORE, the Illinois Environmental Protection Agency requests that the Board dismiss the
pending action against Don Jose Tandy .
DATED : March 5, 2007
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P
.O
. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
Michelle M . Ryan
Special Assistant Attorney General
THIS FILING SUBMITTED ON RECYCLED PAPER
PROOF OF SERVICE
I hereby certify that I did on the 5th day of March 2007, send by U .S
. Mail, with postage thereon
fully prepaid, by depositing in a United States Post Office Box the following instrument(s) entitled
MOTION TO DISMISS
To : Don Jose Tandy
Carol Webb
404 W . Nicholas Street
Hearing Officer
Carlinville, Illinois 62626-1243
Illinois Pollution Control Board
1021 North Grand Avenue East
P.O
. Box 19274
Springfield, Illinois 62794-9274
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
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
THIS FILING SUBMITTED ON RECYCLED PAPER
