BEFORE

THE

ILLINOIS

POLLUTION

CONTROL

BOARD

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY,

Complainant,

V.

JOHN

KRAUSHAAR,

JR

and

KYLE

KRAUSHAAR,

Respondents.

ADMINISTRATIVE

CITATION

)

)

)

)

)

)

)

)

)

)

)

AC

(JEPA

No.

293-08-AC)

17

2008

NOTICE

OF

FILING

To:

John

Kraushaar,

Jr.

531

W.

Bridgeport

Street

White

Hall,

IL

62092

Kyle

Kraushaar

225

East Sherman

Street

White

Hall,

IL 62092

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.

Illinois

Environmental

Protection

Agency

1021

North

Grand

Avenue

East

P.O.

Box

19276

Springfield, Illinois

62794-9276

(217)

782-5544

Dated:

November

12,

2008

Respectfully

submitted,

Assistant

Counsel

This

FILING

SUBMITTED

ON RECYCLED

PAPER

---

BEFORE THE

ILLINOIS

POLLUTION

CONTROL

BOARD

ADMINISTRATIVE

CITATION

ILLINOIS

ENVIRONMENTAL

)

PROTECTION

AGENCY,

)

Complainant,

)

AC

b

4

7

v.

)

(TEPA

No.

293-08-AC)

)

JOHN

KRAUSHAAR,

JR.

and

KYLE

)

KRAUSHAAR,

)

)

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

Iii.

Adm.

Code

108.402,

and

respectfully

states

as follows:

(1)

On

October 14,

2008,

the

Illinois EPA

issued

an

Administrative

Citation

to Respondents

John

Kraushaar,

Jr.

and

Kyle

Kraushaar,

based

on

an

inspection

conducted

on

September

3,

2008.

(2)

On

November

2,

2008,

the

Administrative

Citations were

sent

back

to

the

Illinois

EPA

from

the

United

States

Postal

Service,

as

unclaimed.

(3)

Because

John

Kraushaar,

Jr. and

Kyle

Kraushaar,

were

not

timely

served

within

60

days

as

required

by

415

ILCS

5/31.1(b),

this

Administrative

Citation

should

be

dismissed.

THIS

FILING

SUBMITTED

ON

RECYCLED

PAPER

---

WHEREFORE,

the

Illinois

Environmental

Protection

Agency requests

that

the

Board

dismiss

the

pending

action

against

John

Kraushaar,

Jr.

and

Kyle

Kraushaar,

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY,

Complainant,

DATED:

November

12,

2008

Michel

M.

Ryan

Assistant

Counsel

Illinois

Environmental

Protection

Agency

1021

North

Grand

Avenue

East

P.O.

Box

19276

Springfield,

Illinois

62794-9276

(217)

782-5544

THIS

FILING

SUBMITTED ON

RECYCLED

PAPER

---

PROOF

OF

SERVICE

Thereby

certify

that

I

did

on the

12th

day

of November

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:

John

Kraushaar,

Jr.

Kyle

Kraushaar

531

W.

Bridgeport

Street

225

East

Shennan

Street

White

Hall,

IL

62092

White

Hall,

IL

62092

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

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

THIS

FILING

SUBMITTED

ON RECYCLED PAPER