BEFORE THE ILLINOIS
POLLUTION CONTROL BOARD
CLVE
ADMINISTRATIVE
CITATION
‘JFF,CE
JAN
26
2009
ILLINOIS ENVIRONMENTAL
)
PoT7
°LLItgoj
PROTECTION AGENCY,
)
ro!
Board
Complainant,
)
AC
1
)
v.
)
(IEPA No. 331-08-AC)
)
WILLIAM and PATRICIA HAJEK,
)
)
Respondents.
)
NOTICE
OF FILING
To:
William
&
Patricia
Hajek
11683 McAllister Road
Waterman,
IL
60556-7084
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.
j]bittedJ
Michelle M. Ry
Assistant
Counsel
Illinois
Environmental Protection Agency
1021
North
Grand Avenue
East
P.O.
Box
19276
Springfield,
Illinois 62794-9276
(217)
782-5544
Dated:
January 22, 2009
THIS
FILING
SUBMifTED
ON RECYCLED PAPER
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
FIC
JAN
2
6
2009
ADMINISTRATIVE
CITATION
STq
POllution
Con
ILLINOIS
ENVIRONMENTAL
)
PROTECTION
AGENCY,
)
Complainant,
)
AC
‘-‘
)
v.
)
(IEPA
No.
331-08-AC)
)
WILLIAM
and
PATRICIA
HAJEK,
)
)
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 December
18,
2008,
the
Illinois
EPA
issued
an
Administrative
Citation
to
Respondents
William
and
Patricia
Hajek,
based
on
an
inspection
conducted
on
October
30,
2008.
(2)
On
January
6,
2009,
the
Administrative
Citation
was
sent
back
to
the
Illinois
EPA
from
the
United
States
Postal
Service,
as
unclaimed.
The Illinois
EPA
received
the
returned
Administrative
Citation
on
January
20,
2009.
(3)
Because
William
and Patricia
Hajek
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
William
and
Patricia
Hajek.
ILliNOIS
ENVIRONMENTAL
PROTECTION
AGENCY,
Complainant,
DATED:
January
22,
2009
Mic eli
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
I hereby
certify that I did on the
22nd day of January 2009, 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:
William
&
Patricia
Hajek
11683 McAllister
Road
Waterman, IL 60556-7084
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
Michel 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
THIS FILiNG SUBMITTED
ON RECYCLED PAPER