BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
)
)
)
)
AC 08-36
v.
)
)
)
(IEPA No. 78-08-AC)
CHARLES F. KINSEL,
)
Respondent.
)
)
NOTICE OF FILING
To: Charles F. Kinsel
14998 N. Shelby Road
Lewistown, IL 61542
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
FOR RECONSIDERATION.
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: October 22, 2008
Electronic Filing - Received, Clerk's Office, October 22, 2008
1
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
)
)
)
)
AC 08-36
v.
)
)
)
(IEPA No. 78-08-AC)
CHARLES F. KINSEL,
)
Respondent.
)
)
MOTION FOR RECONSIDERATION
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 101.520 and 101.902, and respectfully states as follows:
(1)
On June 16, 2008, Illinois EPA issued an Administrative Citation to Respondent,
Charles F. Kinsel, based on an inspection conducted on May 13, 2008.
(2)
Attached to this motion is a copy of the Certified Mail receipt indicating that
Respondent was timely served on June 28, 2008.
(3)
This Administrative Citation was uncontested.
(4)
On September 16, 2008, the Board issued a final order, dismissing this case for the
delay in filing proof of service. This order was received by Illinois EPA on September 18, 2008.
(5)
Illinois EPA sincerely regrets any inconvenience to the Board caused by the delay in
filing proof of service in this case. Various issues internal to Illinois EPA contributed to the timing
of filing of this information, and measures have been taken to avoid this problem in the future.
(6)
Pursuant to 35 Ill. Adm. Code 108.406, as a non-contested Administrative Citation,
the Board should issue an order assessing penalties consistent with 35 Ill. Adm. Code 108.500(a)(1).
Electronic Filing - Received, Clerk's Office, October 22, 2008
WHEREFORE, Illinois EPA requests that the Board reconsider its September 16, 2008 order
based on the new evidence herein contained, and issue a default order against Respondent Charles
Kinsel.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant
DATED: October 22, 2008
_________________________________
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, October 22, 2008
CERTIFICATION
Under penalties as provided by law pursuant to Section 1-109 of the Code of Civil
Procedure, the undersigned certifies that the statements set forth in this instrument entitled MOTION
FOR RECONSIDERATION 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 she verily
believes the same to be true.
_________________________________
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: October 22, 2008
Electronic Filing - Received, Clerk's Office, October 22, 2008
Electronic Filing - Received, Clerk's Office, October 22, 2008
PROOF OF SERVICE
I hereby certify that I did on the 22
nd
day of October, 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 FOR RECONSIDERATION
To: Charles F. Kinsel
14998 N. Shelby Road
Lewistown, IL 61542
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, October 22, 2008
