ILLINOIS POLLUTION CONTROL BOARD
    September 13,
    1989
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Complainant,
    )
    V.
    )
    AC 89—161
    IEPA No. 9778—AC
    AMERICAN FLY ASH COMPANY,
    )
    Respondent.
    ORDER OF THE BOARD
    (by J.
    Marlin):
    This matter comes before the Board upon a motion
    to withdraw
    filed by the Illinois Environmental Protection Agency
    (Agency) on
    September
    5,
    1989.
    In support of its motion, the Agency asserts
    that
    it does not believe that
    it could carry its burden
    to prove
    the alleged violation at hearing
    in this matter.
    Apparently,
    the
    issued citation was not based upon direct observation of the
    alleged violation.
    The Agency’s motion to withdraw is hereby
    granted and this matter
    is dismissed.
    Section 41 of the Environmental Protection Act,
    Ill. Rev.
    Stat.
    1987 ch.
    111 ~
    par. 1041,
    provides for appeal of final
    Orders of the Board within
    35 days.
    The Rules of the Supreme
    Court of Illinois establish filing requirements.
    IT IS SO ORDERED.
    I,
    Dorothy M.
    Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify
    fhat1
    the above Order was adopted on
    the
    /J~-
    day of
    /J~’~~~Ei
    ~
    ~i
    ,
    1989,
    by a vote
    of
    .2
    .
    Dorothy M./~nn, Clerk
    Illinois Pollution Control Board
    103—119

    Back to top