BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY,
Complainant,
)
)
)
)
AC 07-50
v.
)
)
)
(IEPA No. 56-07-AC)
DOUG HENSLEY and ERIC & CHARMIN
JOSEPH,
)
)
Respondents.
)
)
NOTICE OF FILING
To:
Doug Hensley
P.O. Box 27
Raritan, IL 61471
Eric Joseph
P.O. Box 363
Stronghurst, IL 61480
Charmin Savage
P.O. Box 334
Stronghurst, IL 61480
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
ADMINISTRATIVE CITATION AS TO RESPONDENTS DOUG HENSLEY AND ERIC JOSEPH.
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: May 22, 2007
THIS FILING SUBMITTED ON RECYCLED PAPER
Electronic Filing, Received, Clerk's Office, May 22, 2007
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
)
)
)
)
AC 07-50
v.
)
)
)
(IEPA No. 56-07-AC)
DOUG HENSLEY and ERIC &
CHARMIN JOSEPH,
)
)
Respondents.
)
)
MOTION TO DISMISS ADMINISTRATIVE CITATION
AS TO RESPONDENTS DOUG HENSLEY AND ERIC JOSEPH
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 21, 2007, the Illinois EPA issued an Administrative Citation to Respondents
Doug Hensley and Eric & Charmin Joseph, based on an inspection conducted on March 5, 2007.
2.
On March 28, 2007, all of the Administrative Citations were returned as unclaimed from
the United States Postal Service.
3.
On May 1, 2007, R. Eugene Figge hand-delivered the Administrative Citation to Charmin
Savage, f/k/a Charmin Joseph (proof of service filed separately).
3.
Because Respondents Doug Hensley and Eric Joseph were not timely served within 60
days as required by 415 ILCS 5/31.1(b), the Administrative Citation should be dismissed as to
Respondents Doug Hensley and Eric Joseph
Electronic Filing, Received, Clerk's Office, May 22, 2007
WHEREFORE, the Illinois Environmental Protection Agency requests that the Board dismiss the
pending action against Respondents Doug Hensley and Eric Joseph.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
DATED: May 22, 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, May 22, 2007
PROOF OF SERVICE
I hereby certify that I did on the 22
nd
day of May, 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
AS TO RESPONDENTS DOUG HENSLEY AND ERIC JOSEPH
To:
Doug Hensley
P.O. Box 27
Raritan, IL 61471
Eric Joseph
P.O. Box 363
Stronghurst, IL 61480
Charmin Savage
P.O. Box 334
Stronghurst, IL 61480
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
3
Electronic Filing, Received, Clerk's Office, May 22, 2007
