RECEIVED
BEFORE THE ILLINOIS
POLLUTION CONTROL
BOARD
CLERK’S
OFFICE
AUG
082005
COUNTY
OF JACKSON,
)
STATE OF ILLINOIS
)
Pollution control Board
Complainant,
)
)
v.
)
ACO4-39
)
Site Code: 0778155007
EDWARD TOW,
)
)
Respondent.
)
COMPLAINANT’S MOTION TO
WITHDRAW
AND
DISMISS ADMINISTRATIVE CITATION
NOW COMES the Complainant,
the County of Jackson, (“County”),
by
and
through
its
attorney, Assistant State’s Attorney, Daniel Brenner, and pursuant to Section 101.500 ofthe Illinois
Pollution
Control Board’s (“Board”) Rules
and Regulations,
35
III. Adm.
Code
101.500,
hereby
moves the Board for an order allowing the Complainant to withdraw and dismiss its administrative
citation in the above captioned matter; and in support hereof; the Complainant respectfully states as
follows:
1. On November
22,
2004, this
matter was heard by Hearing Officer,
Carol Webb, at the
Jackson County Health Department in
Murphysboro, Illinois.
2. On March
7,
2005
Hearing Officer, Carol Webb, issued an order suspending the briefing
schedule, at the request ofthe parties, to allow the Respondent to clean up the site.
3. On August 3,2005 an inspection was conductedby the Complainant and itwas reported that
the site had been cleaned up and in general compliance with the open dumping laws.
No violations
were observed
at the site at that time.
Page
1 of
2
WHEREFORE, theComplainant respectfullyrequests its Administrative Citation in this matter
be withdrawn and dismissed;
and the proceedings be closed.
Respectfully submitted,
el Brenner
Assistant
State’s Attorney
Jackson County Courthouse,
Third Floor
Murphysboro,
IL 62966
618-687-7200
For the Complainant
Page
2 of
2
PROOF
OF SERVICE
I hereby certi& that I did on
the
4th
day of August 2005, send by U.S.
Mail, with postage
thereon fullyprepaid, by depositing in U.S. PostOffice Box a true and correct copy ofthe following
instrument(s)
entitled
COMPLAINANT’S
MOTION
TO
WITHDRAW
AND
DISMISS
ADMINISTRATIVE CITATION.
To:
Carol Webb
J. Mark Maclin
Hearing Officer
Attorney at Law
Illinois Pollution Control Board
6 South Division
1021
North Grand Avenue
East
DuQuoin, Illinois 62832
P.O. Box
19274
Springfield,
IL 62794-9274
and the original and nine
(9) true and correct copies ofthe same foregoing instruments
on the same
date by U.S. Mail with postage thereon fully prepaid.
To:
Dorothy Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite
11-500
Chicago, IL 60601
Daniel Brenner
Assistant State’s Attorney
Jackson County Courthouse, Third
Fl.
Murphysboro, IL 62966
618-687-7200
FILING SUBMIFFED ON RECYCLED PAPER
