1. NOTICE OF FILING
      2. RECEIVED
RECEiVED
BEFORE
THE ILLINOIS POLLUTION CONTROL BOARD
CLERK’S
OFFICE
ADMINTSTRATWE CITATION
MAY
22
2003
STATE OF IWNOIS
ILLINOIS ENVIRONMENTAL
)
Pollution
Control Bocird
PROTECTION AGENCY,
)
)
Complainant,
)
AC 03-24
)
v.
)
(IEPANo.
113-03-AC)
)
ARROWHEAD TREE REMOVAL, INC.,
)
)
Respondent.
)
NOTICE OF FILING
To:
Scott Shultz, Esq.
Schultz, Law Office
124 West Pearl Street
Jerseyville, Illinois 62052
PLEASE TAKE NOTICE that on this
date I mailed for filing with the Clerk ofthe Pollution Control
Boardofthe State ofIllinois the followinginstrument(s)~entitiedMOTION
FOR RECONSIDERATION.
Respectfully submitted,
icheile 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:
May 20,
2003
THIS
FILING SUBMI1TED ONRECYCLED PAPER
RECEIVED
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLERK’$
OFFICE
MAY 22
2003
ILLINOIS ENVIRONMENTAL
)
STATE OF ILLINOIS
PROTECTION AGENCY,
)
Pollution
Control Board
)
Complainant,
)
AC 03-24
)
v.
)
(JEPA No. 113-03-AC)
)
ARROWHEAD TREE REMOVAL, INC.,
)
)
Respondent.
)
MOTION FOR RECONSIDERATION
NOW COMES the Complainant, the Illinois Environmental Protection Agency (“Illinois
EPA”), by and through its attorney, MichelleM. Ryan, pursuant to
35111. Adm. Code 108.520 and 35
Ill.
Adrn. Code
108.902, and respectfully states as follows:
(1)
On March 18, 2003, Illinois EPA issued an Administrative Citationto Respondent,
Arrowhead Tree Removal, Inc., based on an inspection conducted on January22,2003.
(2)
Pursuant to 415 ILCS
5/31.1(b),
theAdministrative Citationwas required to be served
no later than March 24,
2003, by certified mail.
(3)
Respondent contends that it received service ofthe Administrative Citation
on
or
about March 27,
2003, by regular U.S. Mail.
Illinois EPA’s files do not contain any evidence to
show either that the Administrative Citation was sent by certifiedmail, orthat itwas timelyserved.
(4)
Due to the apparent failure ofservice within the required time frame, Illinois EPA
intended to withdraw this Administrative Citation.
(5)
On May 15, 2003, the Pollution Control Board (“Board”) issued a final order,
ordering Respondent to pay a penalty of$1,500 by June 14, 2003.
(6)
Because the undersigned failed to file the intended motion to withdraw prior to
the Board’s May
15,
2003 order, the Board did not have evidence regarding the service issue
when it made its decision.
WHEREFORE, Illinois EPArequests that theBoard reconsiderits May
15,
2003 order based
on thenew evidencehereincontained, and dismiss this Administrative CitationagainstRespondent
Arrowhead Tree Removal, Inc.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant
DATED: May20,
2003
)J~
~
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

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