BEFORE THE ILLINOIS POLLUTION CONTROL BOARDS

STATE OF ILLINOIS

?

Or

EFKF

OFFICE

COUNTY OF JACKSON,

Complainant,

v.

FRANK SMITH & DANNY SMITH,

Respondents.

MAR 2 7

2008

STATE

ntiut!on

OF

Control

ILLINOIS

Board

AC 08 -25

MOTION TO DISMISS

Now Comes the Complainant, The County of Jackson, by and through its attorney,

Assistant State's Attorney, Daniel Brenner, and respectfully moves the Board, in

accordance with procedural rules, to dismiss the present matter without prejudice for the

following reasons:

1.

On March 25, 2008 Complainant filed its Administrative Citation against the

above-named Respondents.

2.

The date of inspection for the Administrative Citation was January 9, 2008.

3.

Neither Respondent could be personally served with the Administrative Citation

within sixty (60) days of the date of inspection as required by §31.1(b) of the Illinois

Environmental Protection Act and §108.202(b) of the Board's Administrative Rules.

Page 1 of 2

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WHEREFORE, Complainant respectfully requests the Board to dismiss the present

matter without prejudice.

Respectfully submitted,

Daniel Brenner

Assistant State's Attorney

Jackson County Courthouse, 31d Floor

Murphysboro, IL 62966

618-687-7200

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