1. NOTICE OF FILING
      2. PROOF OF SERVICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECEfl/ED
CLERK’S OFFICE
ILLINOIS
ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
V.
RAY LOGSDON ESTATE, LOGSDON
SAND and GRAVEL, and M.K. O’HARA
CONSTRUCTION,
INC.,
Respondents.
)
)
)
)
AC
05-54
)
)
(IEPA No.
33-05-AC)
)
)
)
)
)
)
NOTICE
OF FILING
To:
RayLogsdon Estate
do
JohnLogsdon
617 W. Main Street
Beardstown, Illinois 62618
M.K. O~HaraConstruction, Inc.
do
Madalyn 0 ‘Hara, President
U.S. Highway 67
South
R.R.
#2, Box
104
Beardstown, Illinois 62618
Logsdon Sand and Gravel
300 W. Main Street
P.O. Box 3 19
Beardstown, Illinois 62618
Craig Myers, Registered Agent
M.K. O’Hara Construction, Inc.
900 E.
15th
Street, P.O. Box
139
Beardstown, Illinois 62618
PLEASE TAKE NOTICE that on this date I mailedforfilingwith the Clerk ofthe Pollution Control Board
of the
State
of Illinois
the
following
instrument(s)
entitled
MOTION TO
DISMISS
RESPONDENT
RAY
LOGSDON ESTATE.
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O.
Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
Dated:
March
14, 2005
MAR
232005
STATE
OF ~LLINO~S
Poflution Contro’ Board
Respeetfully submitted,
I
AM.~1
~fl’J~
Jar/frM’.
Kropid
S
cial Assistant Attorney General
THIS
FILING
SUBMITTED ON
RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ADMiNISTRATIVE CITATION
MAR
232005
STATE OF
ILLINOIS
Pollution Control Board
ILLINOIS
ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Complainant,
)
AC
05-54
)
V.
)
(IEPA No.
33-05-AC)
)
RAY
LOGSDON ESTATE, LOGSDON
)
SAND and GRAVEL, and M.K~O’HARA
)
CONSTRUCTION,
INC.,
)
)
Respondents.
)
MOTION TO DISMISS RESPONDENT
RAY
LOGSDON ESTATE
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
101.500, and respectfully states as follows:
(1)
On
February
8, 2005, the Illinois EPA issued an Administrative
Citation to
the above
named Respondents, based on an inspection conducted on December
15,
2004.
(2)
On February 9, 2005, service was made on
Respondent Ray Logsdon Estate.
(3)
At the time the Administrative Citation was issued, the Illinois EPA believed that the Ray
Logsdon Estate was involved with the ownership of the site that is the subject
of this Citation.
(4)
The Illinois EPAhas since learned that the RayLogsdon Estate was closed on December
29,
1978, and that all
estate property and assets have been transferred to Logsdon Sand and Gravel.
(5)
It is the beliefof the Illinois EPA that the Ray Logsdon Estate is no longer involved with
this matter.
THIS FILING SUBMITTED ON
RECYCLED
PAPER
WHEREFORE, the Illinois Environmental Protection Agency requests that the Board dismiss the
pending action against Respondent Ray Logsdon Estate.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
DATED:
March
14, 2005
/
JajliesM. Kropid
~ecial
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
PROOF OF SERVICE
I
hereby certify that
I
did
on the
14th day of March,
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 MOTIONTO DISMISS RESPONDENT RAY LOGSDON ESTATE
To:
Ray Logsdon Estate
Logsdon Sand and Gravel
do John Logsdon
300 W. Main Street
617
W. Main Street
P.O.
Box 319
Beardstown, Illinois 62618
Beardstown,
Illinois 62618
M.K.
O’Hara Construction, Inc.
Craig Myers, Registered Agent
do Madalyn O’Hara, President
M.K.
O’Hara Construction,
Inc.
U.S. Highway 67 South
900 E
15th
Street, P.O. Box 139
R.R.
#2, Box
104
Beardstown, Illinois
62618.
Beardstown, Illinois 62618
and the original and nine (9) true and
correct copies of the 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
/
Jai~es
~.
Kropid
Si~?cia1
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

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