1. NOTICE OF FILING
      2. PROOF OF SERVICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARE~.ECE~VED
CLERK’S
QFPV’E
ADMINISTRATWE CITATION
~EP 17
zaa3
STATE
OF ILLINOIS
ILLINOIS ENVIRONMENTAL
)
Pollution
Control Board
PROTECTION AGENCY,
)
)
Complainant,
)
AC
04-05
)
v.
)
(IEPA No. 389-03-AC)
)
JERRY SUMMERS,
)
)
Respondent.
)
NOTICE OF FILING
To:
Jerry Summers
Rural Route
1, Box 144
Vandalia, Illinois 62471
PLEASE TAKE NOTICE that on this date Imailed for filingwith the Clerk ofthe Pollution Control Board ofthe
State of Illinois the following instrument(s) entitled MOT-ION TO DISMISS.
Respectfully submitted,
‘~c~chelle
.
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:
September
12, 2003
THIS
FILING
SUBMIY~ED
ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOAR~E CE
I
V
E ~
CLERK’S
OFRr’F
ILLINOIS ENVIRONMENTAL
)
SEP
172003
PROTECTION AGENCY,
)
STATE
OF ILLINOIS
)
Pollution
Control Board
Cor~iplainant,
)
AC
04-05
)
v.
)
(IEPAN0. 389-03-AC)
)
JERRY SUMMERS,
)
)
Respondent.
)
MOTION TO DISMISS
ADMINTSTRATIVE
CITATION
NOW COMES the Complainant, the Illinois
Environmental Protection Agency (“Illinois
EPA”), by and through its attorney, Special Assistant AttorneyGeneral Michelle-M. Ryan, pursuant
to
35 Ill.
Adm. Code
108.402, and respectfully states as follows:
(1)
On August 1,
2003, Illinois EPA issued an Administrative Citation to Respondent
Jerry Summers, based on an inspection conducted on June 3, 2003.
(2)
On
August 22,
2003, the certified mail package
was returned to
Illinois
EPA as
unclaimed.
(3)
Because Jerry Summers 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 theBoard dismiss the
pending action against Respondent Jerry Summers.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
DATED:
September
12, 2003
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 SUBMIY~EDON
RECYCLED PAPER
PROOF OF SERVICE
I hereby certi~that I did on the
12th
day ofSeptember, 2003,
send by U.S. Mail with postage
thereon fullyprepaid, by depositing in a United States Post Office Box a true and correct copyofthe
following instrument(s) entitled MOTION TO DISMISS
To:
Jerry Summers
Rural Route
1, Box
144
Vandalia, Illinois 62471
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
Pollution ControlBoard
JamesR. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
~ch~MyanJ~~
Special Assistant Attorney General
Illinois EnvirQnmental Protection Agency
1021 North Grand Avenue East
P.O. Box
19276
Springfield, Illinois
62794-9276
(217) 782-5544
THIS FIIJNG SUBMITTED ON RECYCLED PAPER

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