(IEPA No. 333-07-AC)
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
RECEIVED
CLERICS OFFICE
JAN 1 4 2008
Pollution
STATE OF
Control
ILLINOIS
•
AC
HENRY, PATTY and BRADLEY
MAYNOR,
Respondents.
NOTICE OF FILING
To:
Henry,
Patty and Bradley Maynor
12413 New Virginia Road
Johnston City, IL 62951-3120
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.
Respectfully submitted,
Miche e M. Ryan
Assistant Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
Dated: January 11, 2008
THIS FILING SUBMITTED ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECEIVED
CLERK'S OFFICE
JAN 1 4 2008
ILLINOIS ENVIRONMENTAL
Pollution
STATE OF
Control
ILLINOISBoard
PROTECTION AGENCY,
Complainant,
AC
nk‘
e
l°
v.
(IEPA No. 333-07-AC)
HENRY, PATTY and BRADLEY
)
MAYNOR,
Respondents.
)
)
MOTION TO DISMISS
ADMINISTRATIVE CITATION
NOW COMES the Complainant, the Illinois Environmental Protection Agency ("Illinois EPA"),
by and through its attorney, Assistant Counsel Michelle M. Ryan, pursuant to 35 III. Adm. Code
108.402, and respectfully states as follows:
(1)
On November 13, 2007, the Illinois EPA issued an Administrative Citation to the
Respondents Henry, Patty and Bradley Maynor, based on an inspection conducted on
November 7, 2007.
(2)
November 14, 2007, the Williamson County Sheriffs Office attempted to hand-deliver
the Administrative Citation for personal service on Henry, Patty and Bradley Maynor.
Service was unsuccessful.
ADMINISTRATIVE CITATION
THIS FILING SUBMITTED ON RECYCLED PAPER
Michelle M. Ryan
Assistant Counsel
(3)
?
Because Henry, Patty and Bradley Maynor were 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 Henry, Patty and Bradley Maynor.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
DATED: January 11, 2008
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
Johnsotn
cpitegIvED
Division of
Legal Cottelsel
-
Environmental
Protection
Agency
ADDRESS SERVED: ?
12413 New Virginia Rd St
SERVED ON DATE/TIME:
REMARKS: no sery
time exp
Williamson County Sheriffs Office
AFFIDAVIT OF SERVICE
Document: 33307AC
Issue Date: 11/14/2007
Received Date: 11/14/2007
Expire Date: / /
DEFENDANT/PERSON TO BE SERVED:
Name:?
Maynor, Henry
?
Alternate Address:
Address:?
12413 New Virginia Rd St
Johnsotn City II 62951
Process #: 001 - 2007 - 002883
CASE #: 33307AC
PLAINTIFF:
Illinois Environmental Protection Agency -VS- Henry Maynor
Paper Type:
(A) I CERTIFY THAT I SERVED THE ABOVE PAPERS ON THE DEFENDANT AS FOLLOWS:
1 PERSONAL SERVICE: BY LEAVING A COPY OF THE ABOVE PAPERS WITH THE NAMED PERSON
PERSONALLY.
2 SUBSTITUTE SERVICE: BY LEAVING A COPY OF THE ABOVE PAPERS AT THE ABOVE HOME WITH
SOME PERSON OF THE FAMILY, OF THE AGE OF 13 YEARS OR UPWARDS, AND INFORMING THAT
PERSON OF THE CONTENTS THEREOF. ALSO, A COPY OF THE ABOVE PAPERS WAS MAILED TO
THE DEFENDANT AT THE ABOVE ADDRESS.
3 SERVICE ON: CORPORATION?
COMPANY?
BUSINESS?
PARTNERSHIP
BY LEAVING A COPY OF THE ABOVE PAPERS (OR INTERROGATORIES) WITH THE REGISTERED
AGENT, AUTHORIZED PERSON OR PARTNER OF THE DEFENDANT.
(B) Sheriff CUNDIFF, SHERIFF THOMAS M
?
BY
DEPUTY
NAME OF DEFENDANT/PERSON TO BE SERVED:
Maynor, Henry
SEX?
RACE W?
DOB
PERSON TO BE SERVED FOR DEFENDANT/PERSON:
RELATIONSHIP TO DEFENDANT/PERSON:
Maynor, Henry
. REASON NOT SERVED:
MOVED
WRONG ADDRESS
RETURNED
OTHER REASONS
ATTEMPTED SERVICES:
DATE
?
TIME
/?
/? AM/PM
/?
/?
.?
AM/PM
/?
/
? .?
AM/PM
/
?
/? :?
AM/PM
SERVICE FEES:
SERVICE
MILEAGE
RETURN
TOTAL
PROOF OF SERVICE
I hereby certify that I did on the 11th day of January 2008, send by U.S. Mail, with postage
thereon fully prepaid, by depositing in a United States Post Office Box the following instrument(s)
entitled MOTION TO DISMISS
To: Henry, Patty and Bradley Maynor
12413 New Virginia Road
Johnston City, IL 62951-3120
Carol Webb
Hearing Officer
Illinois Pollution Control Board
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 U.S. Mail with postage thereon fully prepaid.
To: John Therriault, Assistant Clerk
Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Michelle M. Ryan
Assistant Counsel
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