NOTICE OF FILING

CLERK’S OFFICE

JUN

02

2005

$TATE OF ILLINOIS

Pollution Control Board

Bradley P. Halloran

Hearing Officer

Illinois Pollution Control Board

James R. Thompson Center

100

W. Randolph Street

Suite

11-500

Chicago, IL

60601

John J. Kim

Assistant Counsel

Special Assistant Attorney Genera!

Division ofLegal Counsel

1021 N. Grand Avenue, East

P.O. Box

19276

Springfield, IL 62794-9276

PLEASE

TAKE

NOTICE

that

I

have today

filed with

the

Office

of the

Clerk

of the

Pollution Control Board a Motion to Dismiss, a copy ofwhich is attached.

Respectfully submitted,

HATCHETT & HAUCK

LLP

Dated:

May 31,2005

David L. Hatchett, iN Atty. #19383-49

10 West Market Street, Suite

1025

Indianapolis, IN

46204

Telephone:

(317) 464-2621

Facsimile:

(317) 464-2629

david.hatchett(~h21awyers.com

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

MAC’S CONVENIENCE STORES LLC,

)

Petitioner,

)

)

vs.

)

)

)

ILLINOIS

ENVIRONMENTAL

PROTECTION

)

AGENCY,

)

Respondent.

)

PCB 05-101

(UST APPEAL)

This

filing

submitted on recycled paper

as defined in 35

III.

Adm. Code

101.202

---

RECEIVED

CLERK’S OFFICE

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

JUN

022005

MAC’S

CONVENIENCE STORES LLC,

)

STATE OF ILLINQIS

Petitioner,

)

PCB 05-101

Pollution

Control Board

)

(UST APPEAL)

vs.

)

)

)

ILLINOIS

ENVIRONMENTAL

PROTECTION

)

AGENCY,

)

Respondent.

)

MOTION TO DISMISS

Petitioner

Mac’s

Convenience

Stores

LLC

(“Mac’s”)

respectfully

requests

that

the

Illinois

Pollution Control Board

dismiss the above-captioned matter.

The Illinois Environmental

Protection Agency has agreed to pay the costs that were previously denied, and which were the

subject of this

appeal.

As this

dispute has been resolved, Mac’s

respectfully requests that this

matter be

dismissed.

WHEREFORE,

Mac’s

respectfully

requests

that

the

Illinois

Pollution

Control

Board

dismiss this matter.

Respectfully submitted,

HATCHETT & HAUCK

LLP

Dated:

May31, 2005

___________________________

David L. Hatchett, IN Atty. #19383-49

10 West Market Street, Suite 1025

Indianapolis, IN

46204

Telephone:

(317) 464-2621

Facsimile:

(317) 464-2629

david.hatchett@h2lawyers.com

This

filing

submitted on recycled paper as defined in 35

III.

Adm. Code

101.2021

---

CERTIFICATE OF SERVICE

I, the undersigned attorney

at law,

hereby certify

that on

May 31,

2005, I

served

a true

and accurate copy of the foregoing, by placing a true and

correct copy in a properly sealed and

addressed

envelope

and

by

depositing

said

sealed

envelope

in

a

U.S.

mail

drop box

located

within Indianapolis,

Indiana, with sufficient First Class

Mail postage affixed thereto,

upon each

ofthe following named persons:

Bradley P. Halloran

Hearing Officer

Illinois Pollution Control Board

James R. Thompson Center

100

W. Randolph Street

Suite 11-500

Chicago, IL 60601

JohnJ. Kim

Assistant Counsel

Special Assistant Attorney General

Division ofLegal Counsel

1021 North Grand Avenue, East

P.O. Box

19276

Springfield, Illinois

62794-9276

David L. Hatchett

This

filing submitted on recycled paper as defined in

35 Ill. Adm. Code

101

.202