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26,

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ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY,

Complainant,

v.

)

AC

93—27

(Administrative Citation)

OLIVER A.

SMITH,

)

(EPA 444—93—AC)

Respondent.

ORDER OF THE BOARD

(by

B.

Forcade):

On August 23,

1993,

the Illinois Environmental Protection

Agency

(Agency)

filed

a motion to withdraw the administrative

citation against Oliver Smith.

The Agency notes that it has been

unable to serve the administrative citation against Mr.

Smith

despite several attempts at service.

The Agency asserts that the

citation arose from a Nay 19,

1993 inspection and therefore,

service within sixty days of the inspection as required by

statute

is now impossible.

(415 ILCS 5/31.1

(1992).)

The Agency

seeks to withdraw the administrative citation due to lack of

jurisdiction.

The Board hereby grants the Agency’s motion and closes the

docket.’

IT IS SO ORDERED.

I,

Dorothy M.

Gunn, Clerk of the Illinois Pollution Control

Board, hereby cer~7ifythat the above order was adopted on the

•-~?(~day of

~j~~_-z

,

1993,

by a vote of

~:i;

C.~

Dorothy M. G~nn, Clerk

Illinois Pollution Control Board

The Board notes that Mr. Smith filed

a letter with the

Board on August

24,

1993.

Considering the motion to withdraw,

the Board

finds the letter from Mr.

Smith

is moot.