BEFORE THE

ILLINOIS POLLUTION CONTROL

BOARD

RECEIVED

CLERKS

OFFICE

COUNTY

OF JACKSON,

)

)

AUG152005

Complainant,

STATE OF ILLINOis

)

Pollution Control Board

v.

)

ACO5-76

)

Site Code: 0778105010

GARY CLOVER,

)

)

Respondent.

)

COMPLAINANT’S MOTION TO WITHDRAW AND

DISMISS ADMINISTRATIVE CITATION

NOW COMES

the Complainant,

the County of Jackson, (“County”), by

and

through

its

attorney, Assistant State’s Attorney, Daniel Brenner,

and

pursuant to Section

101.500 oftheIllinois

Pollution Control

Board’s (“Board”) Rules

and

Regulations, 35

III. Adm.

Code

101.500,

hereby

moves the Board for an order allowing the Complainant to withdraw

and

dismiss its administrative

citation in the above captioned matter; and in support hereof, the Complainant respectfully states as

follows:

1.

On

July

7,

2005,

the

Pollution

Control

Board

issued

an

Order

acknowledging

the

Complainant’s filing ofan

administrative citation

in this matter

and

the Respondent’s

filing ofhis

petition to

contest the administrative citation;

and

assigned the matter for further proceedings to

a

hearing officer.

2. On July

13, 2005 Hearing Officer, Carol Webb, ordered the parties to a telephone status

conference on August 9,

2005.

3. On or about August 8, 2005, the Complainant again inspected the Respondent’s site

and

found it to be cleaned up

and

in compliance with

the open dumping laws.

Page

1

of

2

---

4.

At

the

conference call on August9,2005, theComplainant advised the Hearing Officerand

the

Respondent that

it would

file a motion to withdraw and dismiss its administrative citation.

WHEREFORE, the Complainant respectfullyrequests its administrativecitation in this matter

be

withdrawn and dismissed; and the proceedings be closed.

Respectfully submitted,

Daniel

Brenner

Assistant

State’s Attorney

Jackson County Courthouse, Third

Floor

Murphysboro,

IL 62966

618-687-7200

For the Complainant

Page

2 of

2

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PROOF OF SERVICE

I hereby

certi&

that

I did on

the

10th

day ofAugust 2005, send by U.S.

Mail, with postage

thereon

fullyprepaid, by depositing in U.S. PostOffice Box a

true and correct

copyofthe following

instrument(s)

entitled

COMPLAINANT’S

MOTION

TO

WITHDRAW

AND

DISMISS

ADMINISTRATIVE CifATION.

To:

Carol Webb

Hearing Officer

illinois Pollution Control Board

1021

North Grand Avenue East

P.O.

Box

19274

Springfield,

IL 62794-9274

Gaiy

Clover

1336

Hoffman

Road

Murphysboro, Illinois 62966

and the original and nine (9) true and correct copies of the same foregoing instrumentsoathe same

date by U.S.

Mail with postage thereon fullyprepaid.

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, Third Fl.

Murphysboro, IL 62966

618-687-7200

FILING SUBMIflED ON RECYCLED

PAPER