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 07-57
v.
)
)
)
(IEPA No. 122-07-AC)
BERNARD KOTTER,
)
Respondent.
)
)
NOTICE OF FILING
To:
Bernard Kotter
114 East 5
th
Street
Karkak, IL 62956
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: July 9, 2007
THIS FILING SUBMITTED ON RECYCLED PAPER
Electronic filing, Received, Clerk's Office, July 9, 2007
 
1
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
)
)
)
)
AC 07-57
v.
)
)
)
(IEPA No. 122-07-AC)
BERNARD KOTTER,
)
Respondent.
)
)
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 May 3, 2007, the Illinois EPA issued an Administrative Citation to Respondent
Bernard Kotter, based on an inspection conducted on March 22, 2007.
2.
Illinois EPA attempted to deliver the Administrative Citation via certified mail.
However, service was not successful on or prior to the deadline of May 22, 2007 .
3.
Because Bernard Kotter was 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, July 9, 2007
WHEREFORE, the Illinois Environmental Protection Agency requests that the Board dismiss the
pending action against Bernard Kotter.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
DATED: July 9, 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, July 9, 2007
PROOF OF SERVICE
I hereby certify that I did on the 9
th
day of July, 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:
Bernard Kotter
114 East 5
th
Street
Karkak, IL 62956
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, July 9, 2007

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