ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Complainant,

V .

ALLEN NOLTENSMEIER,

Respondent

.

To :

Allen Noltensmeier

1027 County Road 200N

Chandlerville, Illinois 62627

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 .

Respectfully submitted,

Illinois Environmental Protection Agency

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

(217) 782-5544

Dated: December 9, 2005

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

AC

DL2-]

5

(IEPA No. 411-05-AC)

NOTICE OF FILING

ichelleM. Ryan

Special Assistant Attorney General

THIS FILING SUBMITTED ON RECYCLED PAPER

RECEIVED

DEC 1 2 2005

STATE OF ILLINOIS

Pollution Control Board

---

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Complainant,

V .

ALLEN NOLTENSMEIER,

Respondent

.

(1)

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

ADMINISTRATIVE CITATION

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 Michelle M . Ryan, pursuant to 35 Ill

.

Adm. Code 108.402, and respectfully states as follows

:

AC

C)~ 'j~-

(IEPA No. 411-05-AC)

THIS FILING SUBMITTED ON RECYCLED PAPER

RECEIVED

CLERK'S

OFFICE

DEC 1 2 2005

STATE OF ILLINOIS

Pollution Control Board

On October 25, 2005, the Illinois EPA issued an Administrative Citation to Respondent

Allen Noltensmeier; based op an inspection conducted on September 29, 2005

.

(2)

On November 29, 2005, the Illinois EPA received the Administrative Citation back from

the United States Postal Service, as unclaimed .

(3)

Because Allen Noltensmeier was not timely served within 60 days as required by

415 ILCS 5/31 .1(b), this Administrative Citation should be dismissed

.

---

WHEREFORE, the Illinois Environmental Protection Agency requests that the Board dismiss the

pending action against Allen Noltensmeier

.

DATED: December 9, 2005

Illinois Environmental Protection Agency

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

(217) 782-5544

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Complainant,

Michelle M. Ryan

Special Assistant Attorney General

THIS FILING SUBMITTED ON RECYCLED PAPER

---

PROOF OF SERVICE

I hereby certify that I did on the 9th day of December, 2005, send by U.S. Mail with postage

thereon fully prepaid, by depositing in a United States Post Office Box a true and correct copy of the

following instrument(s) entitled MOTION TO DISMISS

To :

Allen Noltensmeier

1027 County Road 200N

Chandlerville, Illinois 62627

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

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

THIS FILING SUBMITTED ON RECYCLED PAPER