BEFORE

THE

ILLINOIS

POLLUTION

CONTROL

BOARD

ADMINISTRATIVE

CITATION

DECI

12008

‘oflut

STATE

ion

OFILLfNO,

Control

Bo

ILLINOIS

ENVIRONMENTAL

)

PROTECTION

AGENCY,

)

)

8

Complainant,

)

AC

0

)

v.

)

(IEPANo.

318-08-AC)

)

ALLIED

WASTE,

INC.,

)

)

Respondent.

)

NOTICE

OF

FILING

To:

Allied

Waste

15880

N.

Greenway-Hayden

Loop

Suite

100

Scottsdale,

AZ

85260

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,

e11M.R

Assistant

Counsel

Illinois Environmental

Protection

Agency

1021

North Grand

Avenue

East

P.O. Box

19276

Springfield,

Illinois

62794-9276

(217)

782-5544

Dated: December

8,

2008

ThIS

FILING

SUBMITTED

ON

RECYCLED

PAPER

---

BEFORE

THE

ILLINOIS

POLLUTION

CONTROL

BOARD

DEC

11

2008

ADMINISTRATIVE

CITATION

SThT

OFILjjg

ILLINOIS

ENVIRONMENTAL

)

PROTECTION

AGENCY,

)

Complainant,

)

AC

,

)

v.

)

(JEPA

No.

31

8-08-AC)

)

ALLIED

WASTE,

INC.,

)

)

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 III.

Adm.

Code

108.402,

and

respectfully

states

as

follows:

(1)

On

November

12,

2008,

the

Illinois

EPA

issued

an

Administrative

Citation

to

Respondent

Allied

Waste,

Inc.,

based

on

an

inspection

conducted

on

September

18,

2008.

(2)

On

December

2,

2008,

the

Administrative

Citations

were

sent

back

to

the

Illinois

EPA

from

the

United

States

Postal

Service,

as

unable

to forward.

(3)

Because

Allied

Waste,

Inc.,

was

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

Allied

Waste,

Inc.

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY,

Complainant,

DATED:

December

8,

2008

)jIj

4

Michelle

M.

Ryan

J

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

I

hereby

certify

that

I did

on

the

8th

day

of

December

2008,

send

by

Certified

Mail,

Return

Receipt

Requested,

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:

Allied

Waste

15880

N.

Greenway-Hayden

Loop

Suite

100

Scottsdale,

AZ

85260

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

j

Mel’te

ki

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