BEFORE

THE

ILLINOIS

POLLUTION

CONTROL

BOARD

ECEVED

ILLINOIS

ENVIRONMENTAL

)

LERKS

OFFICE

PROTECTION

AGENCY,

)

JAN

23

2O9

Complainant,

STATE

OF

ILLINOIS

vs.

)

AC

09-2

POffUtfOn

Control

Board

)

(Administrative

Citation)

THEODORE

and

ELIZABETH

)

HOLLEMBEAK

and

HOLLEMBEAK

)

CONCRETE,

INC.,

)

)

Respondents.

)

MOTION

TO

DISMISS

Now

comes

the

undersigned

Theodore

Hollembeak,

Elizabeth

Hollembeak,

and

Hollembeak

Concrete,

Inc. by

Theodore

Hollembeak

Corporation

through

their

Attorney

Edward

B

Tucker

and

moves

to

dismiss

the

Petition

filed

by

the

Respondent

Theodore

Hollembeak,

Elizabeth

Hollembeak,

and

Hollembeak

Concrete,

Inc.

for a

hearing

and

states

as

follows:

That

since

the

filing

of

the

original

Petition

by

Theodore

Hollembeak,

Elizabeth

Hollembeak,

and

Hollembeak

Concrete,

Inc.,

a

decision

was made

by

the

parties

to

pay

the

fines

as

imposed

by

the

Illinois

Environmental

Protection

Agency

and

to

request

dismissal

of

their

petition

for

hearing.

Wherefore

the

undersigned,

hereby

request

dismissal

of

the

Petition

filed

by

Theodore

Hoilembeak,

Elizabeth

Hollembeak,

and

Hollembeak

Concrete,Inc.

for

a

hearing

on

the

Petition

for

review

as

previously

filed.

Dated

this

I

day

of

December.

2008.

Edward

B

Tucker,

Attorney

for

Theodore

Hollembeak,

Elizabeth

Hollembeak,

and Hollembeak

Concrete,

Inc.

---

NOTICE

OF

FILING

I

the

undersigned

Attorney

state

the

copies

of

the

Motion

were

filed with

the

Hearing

Officer

of

the

ILLINOIS

POLLUTION

CONTROL

BOARD

1021

N

GRAND

AVE.

EAST,

P.O.

BOX

1974,

SPRINGFIELD,

IL

62794-9274

and

then a

copy

thereof

was

mailed

to

Michael

M.

Ryan

IEPA

1021

N

GRAND

AVE.

EAST,

P.O.

19276,

SPRiNGFIELD,

IL

62794-9276

with

postage

prepaid

on

the

date

hereinafter

written.

Dated

this

I

‘

day

of

December,

2008

Edward

Tucke,

Attorney

for

Theodore

Hollembeak,

Elizabeth

Hollembeak,

and

Hollembeak

Concrete,

Inc.

Iegal\corporations\client\HollembeakConcrete\EPA\doc\MotiontoDismiss