BEFORE THE ILLINOIS
    POLLUTION CONTROL BOARD
    CLVE
    ADMINISTRATIVE
    CITATION
    ‘JFF,CE
    JAN
    26
    2009
    ILLINOIS ENVIRONMENTAL
    )
    PoT7
    °LLItgoj
    PROTECTION AGENCY,
    )
    ro!
    Board
    Complainant,
    )
    AC
    1
    )
    v.
    )
    (IEPA No. 331-08-AC)
    )
    WILLIAM and PATRICIA HAJEK,
    )
    )
    Respondents.
    )
    NOTICE
    OF FILING
    To:
    William
    &
    Patricia
    Hajek
    11683 McAllister Road
    Waterman,
    IL
    60556-7084
    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.
    j]bittedJ
    Michelle M. Ry
    Assistant
    Counsel
    Illinois
    Environmental Protection Agency
    1021
    North
    Grand Avenue
    East
    P.O.
    Box
    19276
    Springfield,
    Illinois 62794-9276
    (217)
    782-5544
    Dated:
    January 22, 2009
    THIS
    FILING
    SUBMifTED
    ON RECYCLED PAPER
    BEFORE
    THE
    ILLINOIS
    POLLUTION
    CONTROL
    BOARD
    FIC
    JAN
    2
    6
    2009
    ADMINISTRATIVE
    CITATION
    STq
    POllution
    Con
    ILLINOIS
    ENVIRONMENTAL
    )
    PROTECTION
    AGENCY,
    )
    Complainant,
    )
    AC
    ‘-‘
    )
    v.
    )
    (IEPA
    No.
    331-08-AC)
    )
    WILLIAM
    and
    PATRICIA
    HAJEK,
    )
    )
    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 December
    18,
    2008,
    the
    Illinois
    EPA
    issued
    an
    Administrative
    Citation
    to
    Respondents
    William
    and
    Patricia
    Hajek,
    based
    on
    an
    inspection
    conducted
    on
    October
    30,
    2008.
    (2)
    On
    January
    6,
    2009,
    the
    Administrative
    Citation
    was
    sent
    back
    to
    the
    Illinois
    EPA
    from
    the
    United
    States
    Postal
    Service,
    as
    unclaimed.
    The Illinois
    EPA
    received
    the
    returned
    Administrative
    Citation
    on
    January
    20,
    2009.
    (3)
    Because
    William
    and Patricia
    Hajek
    were
    not
    timely
    served
    within
    60
    days
    as
    required
    by
    415
    ILCS
    5/31.1(b),
    this
    Administrative
    Citation
    should
    be
    dismissed.
    THIS
    FILING
    SUBMITtED
    ON
    RECYCLED
    PAPER
    WHEREFORE,
    the
    illinois
    Environmental
    Protection
    Agency
    requests
    that the
    Board
    dismiss
    the
    pending
    action
    against
    William
    and
    Patricia
    Hajek.
    ILliNOIS
    ENVIRONMENTAL
    PROTECTION
    AGENCY,
    Complainant,
    DATED:
    January
    22,
    2009
    Mic eli
    M.
    Ryan
    Assistant
    Counsel
    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
    PROOF OF SERVICE
    I hereby
    certify that I did on the
    22nd day of January 2009, send by Certified
    Mail,
    Return
    Receipt Requested, 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:
    William
    &
    Patricia
    Hajek
    11683 McAllister
    Road
    Waterman, IL 60556-7084
    and the original and
    nine (9) true and correct copies
    of the same foregoing instruments
    on the
    same
    date
    by Certified Mail, Return Receipt Requested,
    with postage thereon fully
    prepaid
    To:
    John Therriault,
    Clerk
    Pollution
    Control Board
    James
    R. Thompson Center
    100 West
    Randolph
    Street, Suite 11-500
    Chicago, Illinois
    60601
    j
    Michel 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
    THIS FILiNG SUBMITTED
    ON RECYCLED PAPER

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