BEFORE THE ILLINOIS
POLLUTION CONTROL BOARD
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Complainant,
)
)
v.
)
)
LANDERS’
CHILDREN FAMILY, LLC,
)
and RAY LANDERS,
)
)
Respondents.
)
~C ~
i~
CLERK’S OFFICE
FEB
1 ~
21305
STATE OF ILLiNOIS
AC
PoUutiOfl
Control Board
(JEPA No. 685-04-AC)
NOTICE OF FILING
•
To:
Landers’ Children Family, LLC
Jennifer R.
Chance, Reg. Agent and Manager
200 North Street
Auburn, Illinois
62615
PLEASE TAKE NOTICE that on this date I mailed for filing with the Clerk ofthe Pollution
Control Board ofthe State ofIllinois the following instrument(s) entitled MOTION TO DISMISS.
Respectfully submitted,
Illinois Environmental Protection Agency
1021
North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217). 782-5544
Dated: February
16, 2005
Assistant Attorney General
THIS FILING SUBMITTED ONRECYCLED PAPER
R ~! C E ~V ED
CLERK’S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
FEB
1 ~ 2005
STATE OF ILL1NO!S
ADMiNISTRATiVE CITATION
PoUut~on
Control E~o~rc~
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
AC
v.
)
(IEPANo. 685-04-AC)
)
LANDERS’ CHILDREN FAMILY, LLC,
)
and RAY LANDERS,
)
)
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 James M. Kropid, pursuant
to
35
Ill. Adm. Code
108.402, and respectfully states as follows:
(1)
On
January
26,
2005,
the
Illinois
EPA
issued
an
Administrative
Citation
to
Respbndent, Landers’
Children Family, LLC, based on an inspection
conducted on December
1,
2004.
(2)
On January 27, 2005, Steve Townsend, Illinois EPA Inspector tried to hand-deliver
the Administrative Citation for personal service on Respondent, Landers’ Children Family, LLC.
Service was unsuccessful.
(3)
OnFebruary 15,2005, theAdministrative Citationthat was mailedto Respondentby
Certified
Mail,
was
sent
back
to
the
Illinois
EPA
from
the
United
States
Postal
Service,
as
unclaimed.
(4)
BecauseLanders’ Children Family, LLCwas not timelyserved within 60 daysas
required by
415
ILCS
5/31.1(b),
this Administrative Citation against Respondent, Landers’
Children
Family, LLC should be dismissed.
WHEREFORE, the Illinois Environmental Protection Agency requests that theBoard dismis&the
pending action against Landers
Children Family, LLC.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
DATED:
February
16, 2005
•
•
/
~
•
Jai~es
.
Kropid
Si1cial 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
PROOFOFSERVICE
I hereby certify that I did on the
16th day of February, 2005, send by U.S. Mail with postage
thereon fullyprepaid, by depositing in a United States Post Office Box a true and correct copy ofthe
following instrument(s) entitled MOTION TO DISMISS
To:
Landers’ Children Family, LLC
Jennifer R.
Chance, Reg. Agent and Manager
200 North Street
Auburn, Illinois
62615
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
•
______
•
•
Jame~
M. Kropid
Speci~
1 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
