CLERK’S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
NOV
7
200~
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
STATE OF
ILLINOIS
)
PO!!UtIofl
Control Board
Complainant,
)
AC 2004-009
)
v.
)
(IEPA No.
498-03-AC)
)
LARRY LORD,
)
)
Respondent.
)
NOTICE
OF FILING
To:
Larry Lord
216 Prairie Street
Lacon, Illinois
61540
PLEASE TAKE NOTICE that on this date I mailed for filing with the Clerk ofthe Pollution Control Board ofthe
State ofIllinois the following instrument(s) entitled MOTION TO DISMISS.
Respectfully submitted,
Michelle
M. Ryan
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:
November
5,
2003
THIS
FILING SUBMITFED ON RECYCLED PAPER
RECEIVED,
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLERK’S
OFFfCE
NOV
7
2003
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
STATE
OF
ILLINOIS
)
Pollution
Control Board
Complainant,
)
AC 2004-009
)
v.
)
(IEPA No. 498-03-AC)
)
LARRY LORD,
)
)
Respondent.
)
MOTION TO DISMISS
ADMINISTRATIVE CITATION
NOW COMES the Complainant,
the Illinois Environmental
Protection Agency (“Illinois
EPA”), by and through its attorney, Special Assistant AttorneyGeneral Michelle M. Ryan, pursuant
to 35
Ill. Adm.
Code 108.402, and respectfully states as follows:
-
(1)
On September 4, 2003, Illinois EPA issued an Administrative Citation to Respondent
Larry Lord, based on an inspection conducted on July
11, 2003.
-
(2)
On
October
6,
2003,
the Administrative
Citation package
that had been
sent
to
Respondentby certified mail was returned unclaimed.
(3)
Because Larry Lord was not timely served within 60 days as required by 415 ILCS
5/31.1(b),
this
Administrative Citation should be dismissed.
WHEREFORE,the Illinois Environmental Protection Agency requeststhat the Board dismiss the
pending action against Respondent Larry Lord.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
DATED:
November
5,
2003
Michelle M. Ryan
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box
19276
Springfield, Illinois 62794-9276
(217) 782-5544
THIS FILING
SUBMIUED ON
RECYCLED PAPER
PROOF OF SERVICE
I hereby certify that I did on the
5th
day ofNovember, 2003,
send by U.S. Mailwith postage.
thereon fullyprepaid, by depositing in a United States Post Office Box a true and correct copyofthe
following instrument(s) entitled MOTION TO DISMISS
To:
Lany Lord
216 Prairie Street
Lacon, Illinois
61540
and the original and nine (9) true and correct copies ofthe same foregoing instruments on the same
date by U.S. Mail with postage thereon fullyprepaid
To:
Dorothy Gunn, Clerk
Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois
60601
•
Michelle M. Ryan
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box
19276
Springfield, Illinois 62794-9276
(217) 782-5544
THIS FILING SUBMITTED ON RECYCLED PAPER