1. PROOF OF SERVICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ILLINOIS ENVIRONMENTAL
)
~C~~K~VED
PROTECTION AGENCY,
)
S
OFFICE
)
JUN252004
Complainant,
)
AC 04-60
STATE OF iLLjj~.y~~
Pollutjo,~
COntrol
13~~
V.
)
(IEPA
No. 250-03-AC)
)
SHARYN
FULLER and CARL BENEDICT
)
dlb/a Benedict Auto Sales,
)
Respondents.
)
NOTICE OF FILING
To:
Carl Benedict
Carol Sudman
2500 West Farmington Road
Hearing Officer
West Peoria, Illinois 61604
Illinois Pollution Control Board
-
1021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
PLEASE
TAKE
NOTICE that on this date I mailedfor filing with the Clerkofthe
Pollution Control Board of the
State of Illinois the following instrument(s) entitled MOTION TO DISMISS ADMINISTRATIVE CITATION.
Respectfully submitted,
JJ.
~d~x~bU
k~
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:
June 23,
2004
THIS
FILING SUBMITFED ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
AC 04-60
JUN
2
5
200
V.
)
(IEPA No. 250-~~
OFIW~,0
)
SHARYN FULLER and
CARL BENEDICT
)
d!bla
Benedict Auto
Sales,
)
)
Respondents.
)
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
35 Ill.
Adm. Code
108.402, and respectfully states as follows:
(1)
On March
31,
2004,
Illinois
EPA issued
an
Administrative
Citation
to
Respondents
SHARYN
FULLER
and
CARL
BENEDICT
d/b/a
Benedict Auto
Sales,
based
on
an
inspection
conducted on March 2, 2004.
(2)
On
April
2,
2004,
service was made on Respondent Carl Benedict by certified mail.
Illinois EPA was unable
to serve Respondent Shatyn Fuller, as she has apparently left her last known
address with no
forwarding information.
(3)
Because Sharyn Fuller was not timely served within 60 days as required by 415
ILCS
5/31.1(b), this Administrative
Citation should be
dismissed as to her.
(4)
On May 10, 2004, Carl Benedict filed a petition for review, which was amended on
June 21, 2004.
THIS
FILING
SUBMITTED
ON
RECYCLED PAPER
(5)
Since
the filing ofthe petition for review, Illinois EPA has uncovered additional
facts
relating to theviolations cited against the remainingResporiderit in this Administrative Citation.
Based
on
its
review
of this
information,
Illinois
EPA
believes
it
is
now
appropriate
to
dismiss
this
Administrative Citation as to all Respondents.
WHEREFORE, the Illinois Environmental Protection Agency requests that theBoard dismiss the
pending action against Respondents.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
DATED:
June 23, 2004
Michelle M. Ryan
-
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021
North Grand Avenue East
P.O. Box 19276
Springfield,
Illinois 62794-9276
(2 17) 782-5544
THIS
FILING SUBMITTED
ON
RECYCLED
PAPER
PROOF OF SERVICE
I hereby certify that I did on the
23rd
dayofJune, 2004, send by U.S. Mail, with postage thereon
fully prepaid,
by
depositing
in
a United
States Post Office
Box
a
true
and
correct
copy of the
following instrument(s) entitled MOTION TO DISMISS ADMINISTRATIVE CITATION
To:
Carl Beriedict
Carol Sudman
2500 West Farmington Road
Hearing Officer
West Peoria, Illinois 61604
Illinois
Pollution Control Board
1021 North Grand Avenue East
P.O. Box
19274
Springfield, Illinois 62794-9274
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
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