BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECEIVED
CLERK'S OFFICE
ILLINOIS ENVIRONMENTAL
)
JAN 3 1 2006
PROTECTION AGENCY,
)
STATE OF
ILLINOIS
Pollution Control Board
Complainant,
)
AC 05-54
V .
)
(IEPA No. 33-05-AC)
LOGSDON SAND AND GRAVEL, and
)
M.K. O'HARA CONSTRUCTION, INC .,
)
Respondents .
)
NOTICE OF FILING
To:
Charles J. Northrup
M.K. O'Hara Construction, Inc .
Sorling, Northrup, Hanna, Cullen & Cochran
c/o Madalyn O'Hara, President
Suite 800 Illinois Building
U.S. Highway 67 South
607 East Adams
R.R. #2, Box 104
P.O. Box 5131
Beardstown, IL 62618
Springfield, IL 62705
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
RESPONDENT LOGSDON SAND AND GRAVEL AND FOR FINAL ORDER .
Respectfully submitted,
Michel e 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
Dated
:
January 26, 2006
THIS FILING SUBMITTED ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
(1)
MOTION TO DISMISS RESPONDENT
LOGSDON SAND AND GRAVEL
AND FOR FINAL ORDER
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 35111. Adm. Code 101 .500, and respectfully states as follows :
On
February 10, 2005, Illinois EPA filed an Administrative Citation against
Respondents RAY LOGSDON ESTATE, LOGSDON SAND AND GRAVEL, and M.K. O'HARA
CONSTRUCTION, INC., based on an inspection conducted on December 15, 2004
.
(2)
On March 9, 2005, Respondent LOGSDON SAND AND GRAVEL filed a timely
petition for review .
(3)
On March 23, 2005, Illinois EPA filed a motion to voluntarily dismiss Respondent
RAY LOGSDON ESTATE .
(4)
On April 21, 2005, the Board entered an order dismissing Respondent RAY
LOGSDON ESTATE and a default order against Respondent M.K. O'HARA CONSTRUCTION,
1
RECEIVED
CLERK'S
OFFICE
ILLINOIS ENVIRONMENTAL
)
JAN 3 1 2006
PROTECTION AGENCY,
)
Complainant,
)
AC 05-54
STATE OF
ILLINOIS
Pollution Control Board
V .
)
([EPA No. 33-05-AC)
LOGSDON SAND AND GRAVEL, and
)
M.K. O'HARA CONSTRUCTION, INC .,
)
Respondents .
)
INC. The order held that Respondent M.K. O'HARA CONSTRUCTION, INC . had committed the
violations alleged in the Administrative Citation : Sections 21(p)(1), 21(p)(4), and 21(p)(7) of the
Environmental Protection Act ("Act"), 415 ILCS 5/21(p)(1), (4), and (7) . However, the Board
withheld final order as to Respondent M .K. O'HARA CONSTRUCTION, INC . "until the Board
makes a final decision concerning LSG ."
(5) Based on newly-discovered circumstances surrounding this case, Illinois EPA
believes that it is now appropriate to dismiss this Administrative Citation against Respondent
LOGSDON SAND AND GRAVEL
.
(6) If the Board were to grant this motion to dismiss Respondent LOGSDON SAND
AND GRAVEL, Respondent M.K. O'HARA CONSTRUCTION, INC. would be the only remaining
Respondent and no impediment to immediate final order would exist
.
WHEREFORE, the Illinois Environmental Protection Agency requests that the Board dismiss
the pending action against Respondent LOGSDON SAND AND GRAVEL and enter a final order
against M.K. O'HARA CONSTRUCTION, INC. pursuant to Section 31 .1(d)(1) of the Act.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant
DATED: January 26, 2006
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
2
,40
J A6.1 s
Michel e M. Ryan
Special Assistant Attorney General
PROOF OF SERVICE
I hereby certify that I did on the 26
h day of January, 2006, send by U.S. Mail, with postage
thereon fully prepaid, by depositing in a United States Post Office Box the following instrument(s)
entitled MOTION TO DISMISS RESPONDENT LOGSDON SAND AND GRAVEL AND FOR
FINAL ORDER
To :
Charles J. Northrup
M.K. O'Hara Construction, Inc .
Sorling, Northrup, Hanna, Cullen &
c/o Madalyn O'Hara, President
Cochran
U.S. Highway 67 South
Suite 800 Illinois Building
R.R. #2, Box 104
607 East Adams
Beardstown, IL 62618
P.O. Box 5131
Springfield, IL 62705
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
AD
I
~ 1J
. .A-t
-
A A A
- ! -
ichelle 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
