RECE WED
BEFORE
THE ILLINOIS POLLUTION CONTROL BOARD
CLERK’S
OFFICE
ILLINOIS ENVIRONMENTAL
)
FEB
-
2
200k
PROTECTION AGENCY,
)
STATE OF ILlINOIS
)
g
Pollution
Control
Board
Complainant,
)
AC
C4
)
v.
)
(IEPA No. 724-03-AC)
)
CHARLES L. PARKER,
)
)
Respondent.
)
NOTICE OF FILING
To:
Charles
L.
Parker
217’/2S.Sangamon
-
Lincoln, illinois
62656
PLEASE TAKE NOTICE that on this date I mailed for filing with the Clerk ofthe Pollution
Control Board ofthe State of Illinois the following instrument(s) entitled MOTION TO DISMISS.
Respectfully submitted,
Michelle M. Rya
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:
January 22, 2004
THIS
FILING
SUBMUTED ONRECYCLED PAPER
RECE~VE
D
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
FEB
-
22004
STATE OF ILLINOIS
ADMINISTRATIVE CITATION
Pollution Control Board
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
AC
)
v.
)
(IEPA No. 724-03-AC)
)
CHARLES L. PARKER,
)
)
Respondent.
)
MOTION TO DISMISS
ADMiNISTRATIVE CITATION
NOW COMES the Complainant, the Illinois Environmental Protection Agency (“Illinois
EPA”), by and through its attorney, Special Assistant AttorneyGeneralMichelle M. Ryan, pursuant
to 35
Ill. Adm.
Code 108.402, and respectfully states as follows:
(1)
On December
15,
2003,
the Illinois
EPA
issued
an
Administrative
Citation to
Respondent Charles L. Parker, based on an inspection conducted on November 10, 2003.
(2)
On January
5,
2004, the Administrative Citation was sent back to the Illinois EPA
from the United States Postal Service, as unclaimed.
(3)
On January 7 and January 8, 2004 William Zierath, Illinois EPA Inspector tried to
hand-deliver the Administrative Citation forpersonal service on Mr. Parker.
Service was
unsuccessful.
(4)
Because Charles L.
Parker 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 thatthe Board dismiss the
pending action against Charles L. Parker.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
DATED:
January 22, 2004
~
i
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 ONRECYCLED PAPER
PROOF OF SERVICE
I hereby certify that I did on the
22nd
day of January, 2004,
send by U.S.
Mail with postage
thereon fullyprepaid, by depositing in a UnitedStates Post Office Box a trueand correct copy ofthe
following instrument(s) entitled MOTION TO DISMISS
To:
Charles L.
Parker
217
V2
S. Sangamon
Lincoln,
Illinois
62656
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
ichelle 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