RECEJVEj~
CLERK’S
OFFICE
BEFORE THE ILLINOIS POLLUTION
CONTROL BOARD
JUL
2 4
2003
ESTATE OF OLIVIA TYBERENDT, Deceased,
Petitioner,
vs.
ILLiNOIS ENVIRONMENTAL PROTECTION
AGENCY,
Respondent.
TO:
ATTACHED SERVICE LIST
STATE OF IWNOIS
)
Pollution
Control
Boarçj
)
)
)
)
)
)
)
)
)
PCB No.
03-23 7
LUST Reimbursement
PLEASE TAKE NOTICE that on July 22, 2003, a Motion to Dismiss Petition for Review
of LUST Fund Reimbursement Denial was filed with
the Clerk of the
Illinois Pollution
Control Board,
a copy ofwhich is hereby served upon you.
ESTA
BY:
James Richard
Myers
Attorney for Olivia Tyberendt Estate
LeFevre Oldfield Myers & Thoele Law Group,
Ltd.
303
S. Seventh St.,
P.O.
Box 399
Vandalia, IL 62471
Telephone:
(618) 283-3034
Fax:
(618) 283-3037
File #1 683/0101
Ms. Dorothy M. Gunn
Clerk ofthe Board
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite 1500
Chicago, Illinois 60601
Division ofLegal Counsel
Illinois Environmental ProtectionAgency
1021 North Grand Avenue East
P.O. Box
19276
Springfield, IL 62702
Terracon
Attn: Mr. James Buckhahn
870 40th Avenue
Bettendorf, IA 52722
AgriPride
do Mr. Kevin Stine
Suite 100
720 West Main Street
Belleville, IL 62220
Hon. Carol Sudman
Hearing Officer
Pollution Control Board
600
S. Second
Street, Suite 402
Springfield, IL 62704
CERTIFICATE OF SERVICE
The undersigned certifies that a copy ofthe
foregoing Notice along with
all
documents
referenced therein was served upon the party ofrecord to the above cause by enclosing the
same in an envelope addressed to such attorney/partyas-shownon the attachedlist by regular
mail
with postage
fully prepaid and
by
depositing
said envelope in a U.S. Post
Office
mailbox in Vandalia, Illinois, on
the 22nd
day of July, 2003.
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 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.
Mary
RECEIVED
CLERK’S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOA~L
24
2003
ESTATE OF OLIVIA TYBERENDT, Deceased,
)
STATE OF
ILLINOIS
)
pollution
Control Board
Petitioner,
)
)
vs.
)
PCB No.
03-23 7
)
ILLINOIS
ENVIRONMENTAL PROTECTION
)
LUST Reimbursement
AGENCY,
)
)
Respondent.
)
MOTION TO DISMISS
APPEAL
NOWCOMES
the Petitioner, the Estate ofOliviaTyberendt, Deceased (the “Estate”), by and
through its attorney, James Richard Myers ofLeFevre OldfieldMyers & Thoele Law Group,
Ltd., and hereby moves the Pollution Control Board for an Order dismissing this appeal of
a
decision
of
the
Illinois
Environmental
Protection
Agency
(the
“IEPA”)
denying
reimbursement ofcertain costs
from the Illinois Leaking Underground Storage Tank Fund
(the “Fund”), and in support thereofstates as follows:
1.
The Estate originally filed this appeal due to the IEPA’s determination that certain
costs
incurred
by the Estate
are not
eligible
for
reimbursement from the Fund is
erroneous.
2.
The JEPA has senttheEstate aletter indicating that a portionofthe costs incurred by
the Estate which were subject to
this appeal are in fact eligible for reimbursement
from the Fund.
3.
Accordingly, the Estate no
longer wishes to pursue this appeal.
WHEREFORE,
the
Estate of Olivia Tyberendt,
Deceased,
respectfully requests
that the
Pollution Control Board enter an Order dismissing this appeal.
Dated:~3UL1
Z~z..
2003
ESTA
BY:
James
Richard Myers
Attorney for Estate of Olivia Tyberendt,
Deceased
LeFevre Oldfield Myers & Thoele Law Group; Ltd.
303 S. Seventh
St., P.O.
Box 399
Vandalia,
IL 62471
Telephone:
(618) 283-3034
Fax:
(618) 283-3037
File #1683/0101
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