BEFORE
    THE
    ILLINOIS
    POLLUTION
    CONTROL
    BOARD
    ADMINISTRATIVE
    CITATION
    PROTECTION
    ILLINOIS
    ENVIRONMENTAL
    AGENCY,
    ))
    Pollfo
    s
    Complainant,
    )
    AC
    OGk
    )
    v.
    )
    (IEPA
    No.
    292-08-AC)
    )
    MID-AMERICA
    MACHINERY
    CO.,
    )
    )
    Respondent.
    )
    NOTICE
    OF
    FILING
    To:
    Mid-America
    Machinery
    Company
    ATTN:
    Larry
    Jabusch
    2500
    Wrightsman
    Road
    Virden,
    IL
    62690
    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,
    MheUan
    Assistant
    Counsel
    Illinois
    Environmental
    Protection
    Agency
    1021
    North
    Grand
    Avenue
    East
    P.O.
    Box
    19276
    Springfield, Illinois
    62794-9276
    (217)
    782-5544
    Dated:
    October
    22,
    2008
    THIS
    FTLJNG
    SUBMITTED
    ON
    RECYCLED
    PAPER
    BEFORE
    THE
    ILLINOIS
    POLLUTION
    CONTROL
    BOARD
    RKS
    OFFICE
    ADMINISTRATIVE
    CITATION
    U,i
    22Q8
    STATE
    OF
    ILUNOIS
    ILLiNOIS
    ENViRONMENTAL
    )
    Ollt;n
    Control
    Board
    PROTECTION
    AGENCY,
    )
    Complainant,
    )
    AC
    Q
    ((
    v.
    )
    (IEPA
    No.
    292-08-AC)
    )
    MID-AMERICA
    MACHINERY
    CO.,
    )
    )
    Respondent.
    )
    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
    September
    30,
    2008,
    the Illinois
    EPA issued
    an
    Administrative
    Citation
    to
    Respondent,
    Mid-America
    Machinery
    Co.,
    based
    on
    an
    inspection
    conducted
    on
    August
    14, 2008.
    (2)
    On October
    20,
    2008, the
    Administrative
    Citation
    was
    sent
    back to
    the
    Illinois
    EPA
    from
    the
    United
    States
    Postal Service,
    as unclaimed.
    (3)
    Because
    Mid-America
    Machinery
    Co.
    was
    not
    timely
    served
    within
    60
    days
    as
    required
    by
    415 ILCS
    5/31.1(b),
    this
    Administrative Citation
    should
    be dismissed.
    THIS
    FIIJNG
    SUBMITTED
    ON
    RECYCLED
    PAPER
    WHEREFORE,
    the
    Illinois
    Environmental
    Protection
    Agency
    requests
    that
    the
    Board
    dismiss
    the
    pending
    action
    against
    Mid-America
    Machinery
    Co.
    ILLINOIS
    ENVIRONMENTAL
    PROTECTION
    AGENCY,
    DATED:
    October
    22, 2008
    Illinois
    Environmental
    Protection
    Agency
    1021
    North
    Grand
    Avenue
    East
    P.O.
    Box
    19276
    Springfield, Illinois
    62794-9276
    (217)
    782-5544
    Complainant,
    Assistant
    Counsel
    THIS
    FILING
    SUBMITTED
    ON RECYCLED
    PAPER
    PROOF
    OF
    SERVICE
    I hereby certify
    that
    I did
    on
    the
    22nd
    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
    TO
    DISMISS
    To:
    Mid-America
    Machinery
    Company
    ATTN:
    Larry
    Jabusch
    2500
    Wrightsman
    Road
    Virden,
    IL
    62690
    and
    the
    original and
    nine
    (9)
    true
    and
    correct
    copies
    of
    the
    same
    foregoing
    instruments
    on
    the
    same
    date
    by
    Certified
    Mail,
    Return
    Receipt
    Requested,
    with
    postage
    thereon
    fully
    prepaid
    To:
    John
    Therriault,
    Clerk
    Pollution
    Control
    Board
    James
    R.
    Thompson
    Center
    100
    West
    Randolph
    Street,
    Suite
    11-500
    Chicago,
    Illinois
    60601
    Illinois
    Environmental
    Protection
    Agency
    1021
    North
    Grand
    Avenue
    East
    P.O.
    Box
    19276
    Springfield,
    Illinois
    62794-9276
    (217) 782-5544
    M.
    Ryan
    Assistant
    Counsel
    THIS
    FILiNG
    SUBMITTED
    ON
    RECYCLED
    PAPER

    Back to top