BEFORE

THE

ILLINOIS

POLLUTION

CONTROL

BOARD

CLERKS

OFFICE

ILLINOIS

ENVIRONMENTAL

)

PROTECTION

AGENCY,

)

Er

25

2008

STATE

OF

ILLINOIS

Complainant,

)

AC

09-06

POIIüti

Control

Board

)

V.

)

(IEPA

No.

137-08-AC)

)

EU

WELL

and

PHYLLIS

BEERS,

and

)

JEREMY

BEERS,

)

Respondents.

NOTICE

OF

FILING

To:

Phyllis Beers

Jeremy

Beers

3825

48

th

Ave.

N

15281

Lighthouse

Road

St.

Petersburg,

FL

33714

Pittsburg,

IL 62974

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,

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

---

BEFORE

THE

ILLINOIS

POLLUTION

CONTROL

BOARD

ftCEgV

ERKS

OFFICE

ILLINOIS

ENVIRONMENTAL

)

PROTECTION

AGENCY,

)

EP

252008

STATE

OF

ILLINOIS

Complainant,

)

AC

09-06

pollution

Control

8

oard

V.

)

)

(JEPA

No.

137-08-AC)

)

EU

WELL

and PHYLLIS

BEERS,

and

)

JEREMY BEERS,

)

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

Ill.

Adm.

Code

108.402,

and

respectfully

states

as follows:

(1)

On

July28,

2008,

the

Illinois

EPA

filed

an

Administrative

Citation

against

Respondents

EUWELL and

PHYLLIS

BEERS,

and

JEREMY

BEERS,

based

on an

inspection

conducted

on

June

19,

2008.

(2)

Respondent

EUVTELL

BEERS

is

deceased,

and

threfore

this

Administrative

Citation

should

be

dismissed

as to

him.

(3)

The

Administrative

Citation

addressed

to

Respondent

JEREMY

BEERS

was

returned

to

the

Illinois

EPA

from

the

United

States

Postal

Service,

as unclaimed.

(4)

Because

Respondent

JEREMY

BEERS

was not

timely

served

within

60

days

as

required

by

415

ILCS

5/31.1(b), this Administrative

Citation

should

be dismissed

as

to him.

---

(5)

Based

on newly-discovered

circumstances

surrounding

this

case,

Illinois

EPA

believes

that it

is

now

appropriate

to dismiss

this

Administrative

Citation

against

Respondent

PHYLLIS

BEERS,

as well.

WHEREFORE,

the

Illinois

Environmental

Protection

Agency

requests

that

the

Board

dismiss

the

pending

action

against

all Respondents.

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY,

Complainant,

DATED:

September

23,

2008

j

)j

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

---

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

a

true

and correct

copy

of

the

following

instrument(s)

entitled

MOTION

TO DISMISS

To:

Phyllis

Beers

Jeremy

Beers

382548

th

Ave. N

15281

Lighthouse

Road

St.

Petersburg,

FL

33714

Pittsburg,

IL

62974

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,

Acting

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