OFFICE

OF THE

ATTORNEY

STATE

OF

ILLINOIS

GENERAL

CLERK’S

OFFICE

OCT

14

2009

STATE

OF

ILLiNOIS

‘nh(utiofl

Control

Board

Lisa Madigan

ATTORNEY

GENERAL

October

9, 2009

Jchn T. Therriault,

Assistant

Clerk

Assistant

Clerk

of the

Board

Illinois

Pollution

Control Board

James R.

Thompson

Center, Ste.

11-500

100 West

Randolph

Chicago,

illinois

60601

Re:

People

v. Illinois

Valley

Paving

Co.,

Inc.

PCB

No. 09-40

Dear

Clerk:

Enclosed

for

filing

please

find

the original

and ten copies

of a

Notice of Filing

and

Motion

for

Voluntary Dismissal

of

Alleged Violations

of

Section

12(d) of the

Act in regard

to

the above-

captioned

matter.

Please

file

the

originals

and

return

file-stamped

copies to

me in

the enclosed

envelope.

Thank

you for your

cooperation

and

consideration.

SJJ/pj

k

Enclosures

Steph’n4.

Jriasie

Environmental

Bureau

500 South

Second

Street

Springfield,

Illinois

62706

(217) 782-9031

500 South

Second

Street, Springfield,

Illinois 62706

• (217)

782-1090

• TTY: (877)

844-5461

• Fax:

(217)

782-7046

100

West Randolph

Street, Chicago,

Illinois

60601

•

(312)

814-3000

• TTY:

(800)

964-3013

• Fax:

(312)

814-3806

Very truly

---

BEFORE

THE

ILLINOIS POLLU1ION CONTROL BOARD

PEOPLE OF THE STATE

OF ILLINOIS,

Complainant,

vs.

)

PCB

No.

09-40

)

(Enforcement)

ILLINOIS VALLEY PAVING

COMPANY,

)

INC.,

Respondent.

NOTICE

OF

FILING

CLER0

To:

Edward

R.

Gower

em-cE.

OF

Hinshaw & Culbertson

LLP

o0

jjio

contto1

Goal

400 S. Ninth Street,

Ste. 200

Springfield, IL 62701

PLEASE TAKE NOTICE

that on this date I mailed for filing with the

Clerk

of the Pollution

Control Board of the State of Illinois, a MOTION FOR VOLUNTARY DISMISSAL OF ALLEGED

VIOLATIONS OF SECTION 12(d) OF THE ACT, a copy of which is attached hereto and herewith

served upon you.

Respectfully

submitted,

PEOPLE

OF THE STATE OF ILLINOIS

LISA MADIGAN,

Attorney General of the

State of Illinois

MATTHEWJ. DUNN, Chief

Environmental EnforcemepftAsbestos

Litigation Di)

1

isi

2,7/

BY:________

S1Efl

J.4NASlE

Assift

At’6rney General

Environmental Bureau

500 South

Second

Street

Springfield, Illinois 62706

217/782-9031

Dated:

October 9, 2009

---

CERTIflCATE OF SERVICE

I hereby certify that I did on October

9,

2009,

send by

First Class Mail, with postage

thereon fully prepaid,

by

depositing

in a United States Post Office Box a true and correct

copy

of

the following instruments entitled NOTICE OF FILING and MOTION FOR VOLUNTARY

DISMISSAL OF ALLEGED VIOLATIONS

OF SECTION 12(d) OF

THE

ACT

To:

Edward R. Gower

Hinshaw

&

Culbertson LLP

400 S.

Ninth

Street, Ste. 200

Springfield, IL

62701

and

the

original and ten copies

by

First Class Mail with postage thereon fully prepaid of

the

same

foregoing

instrument(s):

To:

John T. Therriault, Assistant Clerk

Illinois Pollution Control Board

James R. Thompson Center

Suite 11-500

100 West Randolph

Chicago,

Illinois 60601

A copy was

also

sent

by First Class Mail with postage thereon

fully prepaid to:

Carol Webb

Hearing Officer

Illinois Pollution Control Board

1021 North Grand Avenue East

Springfield, IL 62794

This filing

is

submitted on recycled paper.

---

BEFORE

THE

ILLINOIS

POLLUTION

CONTROL

BOARD

PEOPLE

OF THE

STATE

OF

ILLINOIS,

Complainant,

)

CLERK’S

OFFICE

v.

)

PCB No.

0940

OCT

1

42009

ILLINOIS

VALLEY

PAVING

)

STATE

OF ILLINOIS

COMPANY,

INC.

)

Pollution

Control

Board

Respondent.

MOTION

FOR

VOLUNTARY

DISMISSAL

OF

ALLEGED

VIOLATIONS

OF SECTION

12(d)

Ufr-

THE

ACT

NOW

COMES

Complainant,

PEOPLE

OF THE

STATE

OF

ILLINOIS,

by

LISA

MADIGAN,

Attorney

General

of the

State of Illinois,

and

pursuant

to

Section

2-1009

of the

Illinois Code

of Civil

Procedure,

735 ILCS

5/2-1009

(1998),

moves

to

voluntarily

dismiss

without

prejudice

Count

II of this

action

against

Respondent,

ILLINOIS

VALLEY

PAVING,

INC.,

and

states as follows:

1.

Complainant

filed this

action to

seek

penalties

and compliance

for

violations

at

this

site

immediately

west

of Peoria.

2.

The

site

was

a temporary

concrete

batch

that has ceased

operations,

and

Respondent

has

entered

into

a

settlement

agreement

with

Complainant

for Counts

I

and

Ill of

the

Complaint

in

this action

that

includes

penalties

and

compliance.

3.

Complainant

has

elected to

withdraw

the

allegations

relating

to Section

12(d)

in light

of the

settlement

on

the other

violations.

1

---

WHEREFORE,

the

Complainant

prays

that

the

Board

enter an

order

of voluntary

dismissal

for

Count

II without

prejudice

in

this cause,

thus

leaving

the

remaining

Counts

I

and

Ill

in the

original

Complaint

as

Counts

and

Ii,

in

agreement

with

the

Stipulation

and

Proposal

for

Settlement

that

has been

entered

before

the Board.

Respectfully

submitted,

PEOPLE

OF

THE STATE

OF

ILLINOIS,

LISA

MADIGAN,

Attorney

General

of the

State

oiino.

MATTHEW

J.

DUNN,

Chief

Environmental

Enforcement/Asbestos

Litigation

Division

BY:_____________________

THOMAS

DAVIS,

Bureau

Chief

Assistant

Attorney

General

Environmental

Bureau

500

South

Second

Street

Springfield, Illinois

62706

217/782-9031

Dated:

October

8,

2009

2

---