ILLINOIS POLLUTION CONTROL BOARD

December

18, 1986

SHARON RYDZENSKI,

and the

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

)

Complainants,

v.

)

PCB 86—189

ASPEN ENTERPRISES, LTD.,

)

Respondent.

ORDER OF THE BOARD

(by B.

Forcade):

On December

3,

1986, Respondent Aspen Enterprises, Ltd.

(“Aspen’t),

filed

a letter

requesting

that the Board

“drop

the

proceeding

as

it relates to Candelight Village and

a formal

complaint filed by Sharon

F.

Rydzenski.”

The Board

construes

this

filing as

a motion

to dismiss.

The Board

notes that there

is no proof of service

of this motion

on Sharon Rydzenski

and

the

Illinois Environmental Protection Agency.

The motion does

indicate that Sharon Rydzenski was “cc”ed

or carbon copied

on

this

filing, however,

this

is inadequate proof of service under

35

Ill.

Adm. Code

103.123.

Proof

of service

on

the Complainants

is necessary in order

to calculate the appropriate response time

to Aspen’s motion

to

dismiss.

Therefore,

Aspen must file

a proof of service

in

accordance with

35

Ill. Adm. Code 103.123 either by affidavit of

the person making personal service or by properly executed

registered

or certified mail

receipt.

IT

IS

SC ORDERED.

I, Dorothy

N.

Gunn,

Clerk of the Illinois Pollution Control

Board,

hereby certify that ,~heabove Order was

adopted on

the

/f’~

day of

-~/~

,,

1986

by

a vote

of

/(

~

~

~//i

~

Dorothy

M.

dunn,

Clerk

Illinois Pollution Control

Board

74-297