ILLINOIS POLLUTION CONTROL BOARD

February

8,

1990

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Complainant,

)

AC 89-198

(IEPA Docket No. 9873—AC)

v.

)

(Administrative Citation)

GENERAL

IRON INDUSTRIES,

INC.,

Respondent.

ORDER OF THE BOARD

(by J.D.

Dumelle):

This matter comes before the Board upon a February

5,

1990

motion

to withdraw complaint and dismiss action filed by

the

Illinois Environmental Protection Agency

(Agency).

The Agency

states

that,

based upon the results of an analysis of certain

samples taken from the area of alleged open dumping,

it •does not

believe that this

is

a proper

case for the administrative

citation process and requests dismissal.

The Respondent, General

Iron Industries,

Inc.,

filed on

February

5,

1990

its objection to the Agency’s motion.

The

Respondent

notes

in this filing that the Agency’s motion

is

unsupported by affidavit,

in violation of

35 Ill. Adm.

Code

103.140(b).

Unless the Agency files, before February

20,

1990,

the

appropriate affidavit

in accordance with 35

Ill. Adm.

Code

103.140(b),

this motion will be subject

to automatic denial.

IT

IS SO ORDERED.

I,

Dorothy M.

Gunn, Clerk of

the Illinois Pollution Control

Board, he~e~ycertify that the above Order was adopted on

the

_____________

day of

~--~

~

,

1988 by a vote

of

7—c

.

//

~

~__/

~-

Dorothy M. Gunn,

Clerk

Illinois Pollution Control Board

‘os—SI