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 07-65
v.
)
)
)
(IEPA No. 164-07-AC)
TODD MCKINNEY,
)
Respondent.
)
)
NOTICE OF FILING
To: Todd McKinney
301 South 15
th
Street
East St. Louis, Illinois 62207
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 18, 2007
THIS FILING SUBMITTED ON RECYCLED PAPER
Electronic Filing, Received, Clerk's Office, July 18, 2007
 
1
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
)
)
)
)
AC 07-65
v.
)
)
)
(IEPA No. 163-07-AC)
TODD MCKINNEY,
)
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 June 7, 2007, the Illinois EPA issued an Administrative Citation to Respondent Todd
McKinney, based on an inspection conducted on April 19, 2007.
2.
Illinois EPA attempted to serve the Administrative Citation via certified mail, but it was
returned unclaimed.
3.
Because Todd McKinnery 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 18, 2007
WHEREFORE, the Illinois Environmental Protection Agency requests that the Board dismiss the
pending action against Todd McKinney.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
DATED: July 18, 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 18, 2007
PROOF OF SERVICE
I hereby certify that I did on the 18
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: Todd McKinney
301 South 15
th
Street
East St. Louis, Illinois 62207
and an electronic copy of the same foregoing instrument on the same date via electronic filing
To: John Therriault, Acting 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 18, 2007

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