BEFORE
THE
ILLINOIS POLLUTION CONTROL BOAR~E
C E
~V E D
MOTION TO DISMISS
CLERK’S OFFiCE
MAY
092005
COUNTY
OF JACKSON,
)
STATE OF ~LLINO~S
/
PoHut~on
Controi Board
Complainant,
)
)
v.
)
ACO5-068
)
Site Code: 0778005012
ELWOOD GLASPER
and
)
TONY GLASPER,
)
)
Respondents.
)
COMPLAINANT’ S MOTION
TO VOLUNTARY
DISMISS ADMINISTRATIVE CITATION
TheComplainant, theCounty of
Jackson,
by and thoughits attorney, Assistant State’sAttorney,
DanielBrenner,hereby requests this matter be dismissed voluntarily withoutprejudice in accordance
with Board Rules
10 1.500 and
10 1.508.
In support ofthis motion, the following is stated:
1.
Complainant
on or about April 25,2005, filed an Administrative Citation action against
the above-named Respondents.
2. Proofofservice oftheAdministrative Citation action was effectuated on Respondent,Tony
Glasper, on April 25,2005, and the proofof
service
was filed initially along with the Administrative
Citation action.
3.
Service on the Respondent, Elwood Glasper, has not been effectuated.
4. Due to recent developments involving ownership and control ofthe site in question, the
Complainant has decided, for now, to take another approach toward the goal ofsite clean up using
other means or action against different respondents.
5.
To the best ofComplainant’s knowledge this matter has not been assigned to a hearing
officer.
Page
1
of
2
WHEREFORE, the Complainant respectfullyrequests the Pollution ControlBoard to
dismiss
this matter without prejudice as to
this site and to these respondents with respect to
any issue the
Board hasjurisdiction, now or in the
future.
Respectfully submitted,
Danie Brenn~~
Assistant State’s Attorney
Jackson
County
Courthouse,
3rd
Floor
Murphysboro, illinois 62966
618-687-7200
Page
2
of
2
PROOF OF SERVICE
Iherebycertify that I did on the
6th
dayofMay 2005, sendby U.S. Mail, with postagethereon
fully prepaid, by
depositing
in
U.S.
Post
Office Box
a
true
and
correct
copy of the following
instrument(s)
entitled
COMPLAINANT’S
MOTION
TO
VOLUNTARY
DISMISS
ADMINISTRATIVE CITATION:
To:
Tony Glasper
11728
Hwy.4
Ava, Illinois 62907
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
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, IL 60601
Daniel Brenner
Assistant State’s Attorney
Jackson County Courthouse, 3’~
Floor
Murphysboro, IL 62966
618-687-7200
FILING SUBMITTED ON
RECYCLED PAPER
