BEFORE

THE ILLINOIS

POLLUTION

CONTROL BOARD

CLERK’S

OFFICE

ILLINOIS

ENVIRONMENTAL

)

SEP

2

52008

PROTECTION

Complainant,

AGENCY,

)

)

AC

07-2

8

Poflutton

STATE

OF

Control

ILLINOIS

Board

V.

)

)

(IEPA

No.

310-06-AC)

)

CHARLES

NORMAN

BARTLETT,

)

Respondent.

MOTION

TO DISMISS

NOW

COMES

the Complainant,

the

Illinois

Environmental

Protection

Agency

(“Illinois

EPA”),

by

and through

its

attorney,

Assistant

Counsel

Michelle

M.

Ryan,

pursuant

to 35

Ill.

Adm.

Code

101.500,

and

respectfully

states

as follows:

(1)

On

December

18,

2006,

illinois

EPA

filed

an Administrative

Citation

against

Respondent

CHARLES

NORMAN

BARTLETT

(“Respondent”),

based

on

an inspection

conducted

on

October

17, 2006.

(2)

On

January

24,

2007,

Respondent

filed a

petition

for

review.

(3)

Based

on

newly-discovered

circumstances

surrounding

this case,

Illinois

EPA

believes

that

it

is

now appropriate

to

dismiss

this

Administrative

Citation

against

Respondent.

(4)

Respondent

reported

during

status

calls

with

the

Hearing

Officer

in this

case

that

his

property

was

foreclosed

upon.

The

correspondence

from

the

Pollution

Control

Board

to

Respondent

in this

case

have

been

returned

as

“unable

to

forward”

since

early

July

2008.

Illinois

EPA

is

attempting

to obtain

an address

for

Respondent,

and

will

serve

him

with this

motion

as

soon

as

it

is

obtained.

---

WHEREFORE,

the

Illinois

Environmental

Protection

Agency

requests

that the

Board

dismiss

the pending

action

against

Respondent.

ILLiNOIS

ENVIRONMENTAL

PROTECTION

AGENCY,

Complainant

DATED:

September 23, 2008

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

2

---

CERTIFICATION

Under

penalties

as

provided

by

law

pursuant

to

Section

1-109

of

the

Code

ofCivil

Procedure,

the

undersigned

certifies that

the

statements

set

forth

in

this

instrument entitled

MOTION

TO

DISMISS

are

true

and

correct,

except

as to

matters

therein

stated

to

be

on information

and

belief

and

as to

such

matters

the

undersigned

certifies

as

aforesaid

that

he

verily

believes

the

same

to

be

true.

\,JLJ

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

Dated:

September 23, 2008

3

---

PROOF

OF

SERVICE

I hereby

certif’

that I did on the

23 day

of

September,

2008,

send

by

U.S.

Mail

with

postage thereon

fully prepaid, by depositing

in a United States

Post

Office Box the original

and

nine

(9) true and

correct copies of the

following instrument(s)

entitled MOTION

TO

DISMISS

To:

John Therriault, Acting

Clerk

Pollution

Control

Board

James R. Thompson

Center

100

West Randolph Street,

Suite 11-500

Chicago, Illinois

60601

Michel

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

4