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BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
R ECC ,E I V
I
E D
ADMINISTRATIVE CITATION
MA
15
2007
ILLINOIS ENVIRONMENTAL
STATE OF ILLINOIS
)
Pollution Control Board
PROTECTION AGENCY,
)
Complainant,
)
AC al
-'4I
v.
)
(IEPA No. 51-07-AC)
HAROLD TOMLINSON, LARRY
)
TOMLINSON and JERRY TOMLINSON., )
Respondents.
)
NOTICE OF FILING
To: Jerry Tomlinson
109 North Adams
Washburn, IL 61570
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 .
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
Dated : March 13, 2007
. I.J . k.
L.A
-aw&. S.
chel
e
Special Assistant Attorney General
THIS FILING SUBMITTED ON RECYCLED PAPER
 
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 :
(1)
On February 15, 2007, the Illinois EPA issued an Administrative Citation to Respondents
Harold Tomlinson, Larry Tomlinson and Jerry Tomlinson, based on an inspection
conducted on December 28, 2006 .
(2)
On March 8, 2007, the Administrative Citation for Jerry Tomlinson was sent back to the
Illinois EPA from the United States Postal Service, as unclaimed
. Harold Tomlinson and
Larry Tomlinson were timely served on February 16, 2007, which was filed with the
Board on March 5, 2007 .
THIS FILING SUBMITTED ON RECYCLED PAPER
RECEIVED
CLERK'S OFFICE
MAR 9 5 2007
STATE OF ILLIN016
Pollution Control Board
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
AC
b
1 _q
v.
)
(IEPA No . 51-07-AC)
HAROLD TOMLINSON, LARRY
)
TOMLINSON and JERRY TOMLINSON, )
Respondents.
)
 
(3)
Because Jerry Tomlinson 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 Jerry Tomlinson .
DATED : March 13, 2007
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,
Ichelle M. Ryan
Special Assistant Attorney General
THIS FILING SUBMITTED ON RECYCLED PAPER
 
PROOF OF SERVICE
I hereby certify that I did on the 13th day of March 2007, send by Certified Mail, Return Receipt
Requested, 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 :
Jerry Tomlinson
Carol Webb
109 North Adams
Hearing Officer
Washburn, IL 61570
Illinois Pollution Control Board
Carol Webb
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 Certified Mail, Return Receipt Requested, 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
i r
Miche 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

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