ILLINOIS ENVIRONMENTAL )
PROTECTION AGENCY,
)
Complainant,
)
FRANK WILHELM,
)
Respondent.
)
vs.
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PollutionSTATE
JAN 3
OF
Control
0
fLUNOIS
2007
Board
AC 07-0004
(IEPA No . 139-06-AC)
(Administrative Citation)
TO : Ms. Dorothy M
. Gunn
Clerk of the Board
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
(VIA FIRST CLASS MAIL)
NOTICE OF FILING
(SEE PERSONS ON ATTACHED SERVICE LIST)
PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk of
the Illinois Pollution Control Board an original and nine copies each of
RESPONDENT'S MOTION TO WITHDRAW WILHELM'S MOTION TO
DISMISS, copies of which are hereby served upon you .
Respectfully submitted,
FRANK WILHELM,
Respondent,
Dated: January 25, 2007
By:
____ ~rti
fl~J
Monica T . Rios
Christine G . Zeman
Monica T . Rios
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois 62705-5776
(217) 523-4900
WILH :00I/Fil/NOF US Mail -
Respondent's Motion to Withdraw Wilhelm's Motion to Dismiss
THIS FILING IS SUBMITTED ON RECYCLED PAPER
Carol Webb, Esq .
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
Post Office Box 19274
Springfield, Illinois 62794-9274
(VIA FIRST CLASS MAIL)
RECEIVEDCLERK'S
OFFICE
CERTIFICATE OF SERVICE
I, Monica T
. Rios, the undersigned, hereby certify that I have served the attached
RESPONDENT'S MOTION TO WITHDRAW WILHELM'S MOTION TO DISMISS
upon:
Ms. Dorothy M
. Gunn
Clerk of the Board
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
Michelle M . Ryan, Esq .
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Post Office Box 19276
Springfield, Illinois 62794-9276
Carol Webb, Esq .
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
Post Office Box 19274
Springfield, Illinois 62794-9274
by depositing said documents in the United States Mail, postage prepaid, in Springfield,
Illinois on January 25, 2007 .
WILH :001/Fil/COS US Mail-Respondent's Motion to Withdraw Wilhelm's Motion to
Dismiss
RESPONDENT'S MOTION TO WITHDRAW
WILHELM'S MOTION TO DISMISS
NOW COMES Respondent, FRANK WILHELM, by the undersigned, and moves
to presently withdraw its Motion to Dismiss, or in the alternative Motion for Summary
Judgment, in light of the subsequent Motion to Withdraw Administrative Citation filed
by the Complainant, the Illinois Environmental Protection Agency ("Illinois EPA") . In
support hereof, Respondent states :
1 .
On July 28, 2006, the Illinois EPA filed an Administrative Citation
("AC") against Respondent Frank Wilhelm.
2 .
A petition contesting the AC on the basis that Respondent was not the
owner of the subject property was filed on September 1, 2006 .
3 .
On January 19, 2007, Respondent filed a Motion to Dismiss, or in the
alternative Motion for Summary Judgment with the Illinois Pollution Control Board .
4.
Shortly thereafter, on January 22, 2007, the Illinois EPA filed a Motion to
Withdraw Administrative Citation based on "facts and circumstances discovered since
the filing" of the AC . See Motion to Withdraw Administrative Citation
.
BEFORE THE ILLINOIS POLLUTION CONTROL BOARDCE
RK'SOFF
CE
ILLINOIS ENVIRONMENTAL
PROTECTION
AGENCY,
)
JAN 3
,
0 2007
)
STATE OF
ILLINOIS
Complainant,
) AC 07-0004
Pollution Control Board=
vs.
)
(IEPA No. 139-06-AC)
(Administrative Citation)
FRANK WILHELM,
)
Respondent.
)
5 .
In light of the Illinois EPA's Motio to Withdraw, Respondent
respectively withdraws its January 19, 2007 Motion to Dismiss, or in the alternative
Motion for Summary Judgment, but moves the Illinois Pollution Control Board to grant
Complainant's Motion and dismiss the pending action against Frank Wilhelm .
Respectfully submitted,
Dated
: January 25, 2007
Christine G
. Zeman
Monica T. Rios
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois 62705-5776
(217) 523-4900
2
FRANK WILHELM,
Respondent,
By:
tt
WILH :001/Fil/US Mail - Respondent's Motion to Withdraw Wilhelm's Motion to Dismiss
