R

ECEIVED

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

CLERK'S

OFFICE

MAR 2 7 2006

ILLINOIS ENVIRONMENTAL

)

Pollut

on

control

Board

PROTECTION AGENCY,

)

Complaintant,

)

AC

46

- ;4-0

Vs.

)

(IEPA no. 459-05-AC)

GEORGIA SHANK AND

)

STEVE SHANK

)

Respondents

.

)

MOTION TO DISMISS

Respondents move to dismiss due to the following relevant facts-

1. Respondent(s) do not operate a facility at Route 40 and

Elm Street, Greenville, IL

2. Facility is not an open dump

.

3. Kendall Couch has never made a complete inspection

of said property .

Response to False accusations of purported violations

1. Respondents have not caused or allowed the open dumping

of waste .

2. Respondents did not cause or allow open burning.

3. Respondents have the right to store, on a temporary basis,

certain clean construction debris

.

ondepts now respectfully request dismissal of administrative citation

.

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cc Senator Frank Watson

.

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cc Representative Ron Stephens