RECE~V~~
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLERK’S OFFICE
NOV
7
2003
STATE OF
ILLINOIS
ILLINOIS
ENVIRONMENTAL
)
Pollution
Control Board
PROTECTION AGENCY,
)
)
Complainant,
)
AC 2004-012
)
v.
)
(IEPA No. 503-03-AC)
)
TULLEY ROBINSON,
)
)
Respondent.
)
NOTICE OF FILING
To:
Tulley Robinson
840 Berryville Road
Jonesboro, Illinois
62952
PLEASE TAKE NOTICE that on this date Imailed for filingwith the Clerk of the Pollution Control Board ofthe
State of Illinois the following instrument(s) entitled MOTION TO DISMISS.
Respectfully submitted,
\JuiW~b1~~
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
SUBMITtED
ON RECYCLED PAPER
CLERK’5
OPF1C~
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
NOV
7
2003
ILLINOIS ENVIRONMENTAL
)
STATE
OF
PROTECTION AGENCY,
)
OIS
oi;utlon
Control Board
Complainant,
)
AC
2004-012
)
v.
)
(IEPA No.
503-03-AC)
)
TULLEY ROBINSON,
)
)
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
16,
2003,
Illinois
EPA
issued
an
Administrative
Citation
to
Respondent Tulley Robinson, based on an inspection conducted on July 23, 2003.
-
(2)
On
October 9,
2003,
the Administrative Citation package that had
been sent to
Respondent by certified mail was returned unclaimed.
(3)
Because Tulley Robinson 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 requests that the Board dismiss the
pending action against Respondent Tulley Robinson.
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 SUBMITtED ON RECYCLED PAPER
PROOF OF SERVICE
I hereby certify that I did on the
5th
day ofNovember, 2003, send by U.S. Mail, with 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:
Tulley Robinson
840 Berryville Road
Jonesboro,
Illinois 62952
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 fully prepaid
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