RECEIVED
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLERK'S OFFICE
AUG 1 0 2006
ILLINOIS ENVIRONMENTAL
)
STATE OF ILLINOIS
PROTECTION AGENCY,
)
Pollution Control Board
Complainant,
)
AC
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)
(IEPA No. 131-06-AC)
JOHN SPOEDE,
)
Respondent .
)
NOTICE OF FILING
To :
John Spoede
13871 Manito Road
Manito, Illinois 61546-8450
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 :
August 7, 2006
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chelle M. Ryan
Special Assistant Attorney General
THIS FILING SUBMITTED ON RECYCLED PAPER
PROTECTION AGENCY,
)
Complainant,
)
v
.
)
JOHN SPOEDE,
)
Respondent .
)
ILLINOIS ENVIRONMENTAL
(3)
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 35 111
.
Adm. Code 108 .402, and respectfully states as follows
:
(1)
On July 6, 2006, the Illinois EPA issued an Administrative Citation to Respondent John
Spoede, based on an inspection conducted on May 18, 2006
.
(2)
On July 31, 2006, the Administrative Citation was sent back to the Illinois EPA from the
United States Postal Service, as unclaimed
.
Because John Spoede was not timely served within 60 days as required by 415 ILCS
5/31.1(b), this Administrative Citation should be dismissed
.
AC
01-DI
THIS FILING SUBMITTED ON RECYCLED PAPER
(IEPA No. 131-06-AC)
CLERK
AUG 10 2006
STATE OF ILLINOIS
Pollution Control Board
WHEREFORE, the Illinois Environmental Protection Agency requests that the Board dismiss the
pending action against John Spoede
.
DATED: August 7, 2006
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,
ALM
Michelle M. Ryan
Special Assistant Attorney General
THIS FILING SUBMITTED ON RECYCLED PAPER
PROOF OF SERVICE
I hereby certify that I did on the 7th day of August 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
To
:
John Spoede
Carol Webb
13871 Manito Road
Hearing Officer
Manito, Illinois 61546-8450 Illinois Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
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
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
THIS FILING SUBMITTED ON RECYCLED PAPER
