BEFORE THE ILLINOIS
POLLUTION CONTROL BOARD
RECEIVED
CLERK’S OFFICE
ILLINOIS ENVIRONMENTAL PROTECTION
)
SEP
162005
AGENCY,
)
STATE OF ILLINOIS
Pollution Control Board
Complainant,
)
AC 05-74
)
V.
)
(IEPA
No.
143-05-AC)
)
LINDA HOLMES,
)
Respondent.
NOTICE
OF FILING
To:
Linda Holmes
36 Airport Road
Murphysboro, IL 62966
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 instniment(s) entitled
MOTION TO DISMISS.
RespectfUlly submitted,
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, 2005
This
FILING SUBMITrED ON
RECYCLED PAPER
BEFORE
THE ILLINOIS POLLUTION CONTROL BOARD
RECEIVED
CLERK’S OFFICE
ILLINOIS ENVRONMENTAL
)
SEP
162005
PROTECTION AGENCY,
)
STAIC OF
ILLINOIS
Pollution Control Board
Complainant,
)
AC
05-74
)
V.
)
(IEPANo.
143-05-AC)
)
LINDA HOLMES,
)
)
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 MichelleM. Ryan, pursuant
to
35
Ill.
Adm. Code
108.402, and respectfully states as follows:
(1)
On May 20,
2005,
Illinois
EPA issued
an Administrative
Citation to
Respondents
Richard
Holmes
d/b/a Rich’s
Towing
and
Linda Holmes,
based
on
an
inspection
conducted
on
March 30, 2005.
(2)
On
July 7,2005, the Illinois Pollution Control Board (“Board”) issued a default order
in this
matter against Richard Holmes, dlb/a Rich’s Towing.
(3)
After
a review of additional information that has been disclosed since the March
30, 2005 inspection,
Illinois EPA determines that it is appropriate that this
Administrative
Citation be dismissed as to the remaining Respondent, Linda I4olmes.
WHEREFORE, the Illinois
EPA requests
that
the
Board
dismiss
the pending action
against
Respondent Linda Holmes.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
DATED:
September
12, 2005
k
Iç~3JIN~,~
1k
Michel
e M.
Ryan
Special
Assistant Attorney General
Illinois Enviromnental 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
12th
day of September, 2005, 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:
Linda Holmes
Carol Sudman
36 Airport Road
Hearing Officer
Murphysboro, IL 62966
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
ichel
M. Ryan
Special
Assistant Attorney General
Illinois
Enviroimiental Protection Agency
1021
North Grand Avenue East
P.O. Box
19276
Springfield, Illinois 62794-9276
(217) 782-5544
THIS FILING SUBMITTED ON RECYCLED
PAPER
