CE WED
CLERK’S 0
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JUL
0720011
ILLINOIS ENVIRONMENTAL PROTECTION
)
STATE
AGENCY,
)
Poilu
0
)
Complainant,
)
AC 04- 57
)
)
(IEPA No.
109-04-AC)
ARLYN RAY d/b/a ARLYN RAY
)
CONSTRUCTION, TOM ROMERO dlb/a
)
ARLYN RAY EXTERIORS, ROBERT J.
)
ADAMS AND RITA M. ADAMS,
)
)
Respondents.
)
NOTICE OF FILING
To:
Robert & Rita Adams
Carol Sudman
1776 County Road 850E
Hearing Officer
Metamora, Illinois
61548
Illinois Pollution Control Board
1021
North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
Arlyn Ray,
d!bla
ArlynRay Exteriors
Timothy A. McGuire
303 B Georgia Pkwy
McEachern & Dickaus, LC
Washington, Illinois
61571
1750
South BrentwoodBlvd.,
Suite 300
St.
Louis, Missouri
63144
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 RESPONDENT
TOM ROMERO AND MOTION FOR DEFAULT JUDGMENT AS TO RESPQNDENT ROBERT J.
ADAMS.
Respectfully submitted,
Dated:
July
1, 2004
~
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
RECEIVED
CLERK’S OFFICE
BEFORE
THE ILLINOIS POLLUTION CONTROL BOARD
JUL
1)72004
STATE
dF
ILLINOIS
ILLiNOIS ENVIRONMENTAL
)
Pollution Control
Board
PROTECTION AGENCY,
)
)
Complainant,
)
AC 04- 57
)
V.
)
(IEPA No. 109-04-AC)
)
ARLYN RAY dlb/a ARLYN RAY
)
CONSTRUCTION, TOM ROMERO d/b/a
)
ARLYN RAY EXTERIORS, ROBERT
J.
)
ADAMS AND RITA M. ADAMS,
)
Respondents.
MOTION TO DISMISS RESPONDENT
TOM ROMERO
AND MOTION FOR DEFAULT JUDGMENT
AS TO RESPONDENT ROBERT J. ADAMS
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
Iii.
Adm. Code
108.402 and 108.404, and respectfully states as follows:
MOTION
TO DISMISS
(1)
On
March
23,
2004,
Illinois
EPA
issued
an
Administrative
Citation
to
several
Respondents, including Tom Romero d/b/a Arlyn Ray Exteriors.
(2)
At the time
the citation was issued, “Arlyn Ray Exteriors” was the name Illinois EPA
knew to
be associated with Mr. Romero.
A search ofthe Secretary of State’s corporate information
database did not return
any results
for this name, therefore,
the citation was issued to the individual
Respondent.
(3)
It was not until Respondent Romero filed his petition forreview that Illinois EPA
became aware that “Arlyn Ray Exteriors, LLC” was the appropriate defendant in this matter.
(4)
Illinois EPA has no
evidence that Tom Romero was involved in this matter, other
than as a representative ofArlyn Ray Exteriors, LLC.
(5)
Because Tom Romero is an improper Respondent, and because the appropriate
Respondent, Arlyn Ray Exteriors, LLC cannot be timely served within 60 days ofthe inspection date
as required by 415 ILCS 5/31.1(b), this Administrative Citation should be dismissed as to
Respondent Tom Romero.
MOTIONFOR DEFAULT JUDGMENT
(6)
Illinois EPA apologizes to the Board that the proofofservice information was not
clear as to Respondent Robert J. Adams.
(7)
As identified in the Certificate ofService filed with this Administrative Citation on
March 16, 2004, Respondent Robert Adams was listed as a co-addressee on the certified mailing
with Respondent Rita Adams (mail receipt also
attached as Exhibit A).
(8)
On April 8, 2004, inspector Robert Wagner also
hand-delivered the package
for
Respondents Robert and Rita Adams to Rita Adams
at their place ofabode
(see
Affidavit filed April
21, 2004).
(9)
Pursuant to 735 ILCS 5/2-203(a)(2) (2002), service maybe made on an individual by
leaving a copy at his usual place ofabode with a person residing there who is
13
years
or older, and
informing that person ofthe contents, and
sending a copy by mail to
the individual at his usual place
ofabode.
(10)
The requirement ofmailing was met on March
16,
2004, as shown in the Certificate
ofService filed On March 16, 2004 with this Administrative Citation.
The remaining requirements
ofabode service were met by inspector Robert Wagner (Exhibit C).
2
(12)
As such, Respondent Robert Adams was properly served on April 8, 2004, by hand-
delivery to Rita Adams
at his place ofabode.
(13)
Because a Petition forReview was not filed by Respondent Robert Adams by May
13, 2004, he is in
default.
WHEREFORE, the Illinois Environmental Protection Agency requests that theBoard dismiss the
pending action as to Respondent Tom Romero, and issue a default order against Respondent Robert J.
Adams.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
DATED:
July
1, 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
(217) 782-5544
3
RECEIVED
CLERK’S OFFICE
U S
Postal
Service
CERTIFIED MAIL RECEIPT
(Domestic
Mail Only, No
Insurance
Coverage
Provided)
.OFF~C~AL
Postage
Ce,lified
Fee
Return
Receipt
Fee
(Endorsen,ent Required)
Restrtcted Delivery Fee
(Endorsement Required)
Total
Postage
& Fees
JUL
72004
STATE OF ILLINOIS
Pollution Control Board
$
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1UIOI
)
)
)
)
BEFORE
THE ILLINOIS POLLUTION CONTROL BOARD
ILLINOIS
ENVIRONMENTAL
PROTECTiONACtENCY,
Complainant,
AC 04-57
v.
)
(IEPA No,
109-04-AC)
)
ARLYN RAY U/b/a ARLYN RAY
)
CONSTRUCTION, TOM ROMERO dlb/a
)
ARLYN RAY EXTERIORS, ROBERT S.
)
ADAMSAND RITA M. ADAMS.
)
Respondents.
AFFIDAVIT
Afflant, RobertS. Wagner, being first duly sworn, voluntarily deposes and states as follows;
1.
Iam
employedby
the Land Pollution Control Division ofthe minois Envronmental
Protection Agency
and havebeen so employed at all
times pertinent hereto.
2.
I hereby affirth, cerUt~i
and state that I personally hand-delivered Adrninistative
Citation
109-04-AC forRobert and Rita Adams on April 8, 2004 to Rita Adams at their residence at 1776
County
Road 8502, Metamora, Illinois
3.
On April
8, 2004, Rita Adams was at least
13
years of age, and I informed her ofthe
contents ofthe envelope.
FURTHER AFFIANT SAYETH NOT.
.Wagne
Subscribed and swornto before me
this
30th
dayofJune, 2004.
f~TLC1Al.s~fl
LynneA.
Anthony
I
Notary
Public, State of
Illinois
My
Comnii~.sjo1.1Expires 1121/07
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PROOF OF SERVICE
I hereby certify that I did on
the
1st
day of
July,
2004, send by U.S. Mail, with postage
thereon fully prepaid, by depositing in a United States Post Office Box the following
instrument(s) entitled MOTION TO DISMISS RESPONDENT TOM ROMERO
AND
MOTION FOR DEFAULT JUDGMENT AS TO RESPONDENT
ROBERT J.
ADAMS
To:
Robert
& Rita Adams
Carol Sudman
1776
County Road
850E
Hearing Officer
Metamora, Illinois
61548
Illinois Pollution Control Board
1021
North Grand Avenue East
P.O. Box
19274
Springfield,
Illinois
62794-9274
Arlyn Ray, dlb/a
Arlyn
Ray Exteriors
Timothy A. McGuire
303
B Georgia
Pkwy
McEachem & Dickaus, LC
Washington, Illinois
61571
1750 South Brentwood Blvd., Suite 300
St. Louis, Missouri
63144
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
4
Ad~~LU~
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
