BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    CLERK’S
    OFF!CE
    ADMiNISTRATIVE CITATION
    NOV
    j
    4
    2003
    STATE
    OF ILLINOIS
    ILLINOIS ENVIRONMENTAL
    )
    ~OliUtionControl Board
    PROTECTION AGENCY,
    )
    Complainant,
    )
    AC
    ‘L
    )
    v.
    )
    (IEPA No.
    506-03-AC)
    )
    ANTHONY FUNARO, Jr.
    )
    )
    Respondent.
    )
    NOTICE OF FILING
    To:
    AnthonyFunaro, Jr.
    313 W. McHaney Street
    Harrisburg, Illinois 62946
    PLEASE
    TAKE NOTICE that on this date I mailed for filing with the Clerk of the Pollution Control
    Board of the State of Illinois the following instrument(s) entitled MOTION TO DISMISS.
    Respectfully submitted,
    ~elle~4~~
    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 10, 2003
    THIS
    FILING
    SUBMITFED ON RECYCLED PAPER
    RECEMVE~
    CLERK’S
    OFFICE
    NOV
    1
    4
    2003
    BEFORE THE
    ILLiNOIS POLLUTION CONTROL BOARD
    STATE OF
    ILLINOIS
    ADMINISTRATIVE CITATION
    Pollution Control Board
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    ‘I
    Complainant,
    )
    AC
    )
    v.
    )
    (JEPA No. 506-03-AC)
    )
    ANTHONY FUNARO, Jr.
    )
    )
    Respondent.
    )
    MOTION TO DISMISS
    ADMINISTRATIVE CITATION
    NOW COMES the Complainant, the Illinois Environmental Protection Agency (“Illinois
    EPA”), by and through its attorney, Special Assistant Attorney General Michelle M. Ryan, pursuant
    to
    35111. Adm. Code 108.402, and respectfully states as follows:
    (1)
    On
    September
    23,
    2003,
    the Illinois
    EPA
    issued
    an
    Administrative
    Citation
    to
    Respondent Anthony Funaro, Jr., based on
    an inspection conducted on August 22, 2003.
    (2)
    On October 9, 2003,. the Administrative Citation was sent back to the Illinois
    EPA
    from the United
    States Postal Service, as unclaimed.
    (3)
    On October 10, 2003 Kent Johnson, Illinois EPA Inspector hand-delivered the
    Administrative Citation package to the Saline
    County Sheriff’s Department for personal service
    on Mr. Funaro.
    Service was unsuccessful.
    (4)
    Because Anthony Funaro, Jr. 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 theBoard dismiss-the
    pending action against Anthony Funaro, Jr.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    DATED:
    November 10, 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
    10th
    day of November, 2003, send by Certified Mail,
    Return
    Receipt Requested, with postage thereon fullyprepaid, by depositing in a United States Post Office
    Box the following instrument(s) entitled MOTION TO DISMISS
    To:
    Anthony Funaro
    ,
    Jr.
    313
    W. McHaney Street
    Harrisburg, Illinois
    62946
    and the original and nine
    (9)
    true and correct copies of the same foregoing instruments on the same
    dateby Certified 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
    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

    Back to top