1. BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
      2. MOTION TO DISMISS
    2. ADMINISTRATIVE CITATION
 
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
)
)
)
)
AC 07-48
v.
)
)
)
(IEPA No. 54-07-AC)
BEN and DESTINY WYANT,
)
Respondents.
)
)
NOTICE OF FILING
To:
Ben & Destiny Wyant
111 W. 5
th
Street
West Frankfort, IL 62896
PLEASE TAKE NOTICE that on this date I electronically filed with the Clerk of the
Pollution Control Board of the State of Illinois the following instrument(s) entitled MOTION TO
DISMISS.
Respectfully Submitted,
_________________________________
Michelle 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: March 28, 2007
THIS FILING SUBMITTED ON RECYCLED PAPER
Electronic Filing, Received, Clerk's Office, March 28, 2007
 
1
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
)
)
)
)
AC 07-48
v.
)
)
)
(IEPA No. 54-07-AC)
BEN and DESTINY WYANT,
)
Respondents.
)
)
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 March 14, 2007, the Illinois EPA issued an Administrative Citation to Respondents
Ben and Destiny Wyant, based on an inspection conducted on January 18, 2007.
2.
On March 16, 2007 and March 19, 2007, Illinois EPA attempted to hand-deliver the
Administrative Citation for personal service on Ben and Destiny Wyant. However, service was
not successful.
3.
Because Ben and Destiny Wyant were not timely served within 60 days as required by
415 ILCS 5/31.1(b), this Administrative Citation should be dismissed.
Electronic Filing, Received, Clerk's Office, March 28, 2007
WHEREFORE, the Illinois Environmental Protection Agency requests that the Board dismiss the
pending action against Ben and Destiny Wyant.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
DATED: March 28, 2007
_________________________________
Michelle 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
2
Electronic Filing, Received, Clerk's Office, March 28, 2007
PROOF OF SERVICE
I hereby certify that I did on the 28
th
day of March, 2007, send by U.S. Mail 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 ADMINISTRATIVE CITATION
To:
Ben & Destiny Wyant
111 W. 5
th
Street
West Frankfort, IL 62896
and an electronic copy of the same foregoing instrument on the same date via electronic filing
To: Dorothy Gunn, Clerk
Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
_________________________________
Michelle 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
Electronic Filing, Received, Clerk's Office, March 28, 2007

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