BEFORE
TILE
POLLUTION CONTROL
BOAR)
E CE
~I
V E
D
OF TILE STATE OF ILLINOIS
CLERK’S
QFpr~p
NOV
1
32003
WINSLOW BOCO,
)
(STRATA GEOLOGIC SERVICES, INC.)
)
STATE OF ILLINOIS
True Party in Interest,
)
POIIUtIOfl
Control Board
Petitioner,
)
v.
)
PCBNo. 03-213
)
(LUST Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
)
MOTION FOR VOLIJNTARY DISMISSAL
NOW COMES, Strata Geologic Services, Inc., by its attorney, Michael A. Toepfer,
Vincent, Roth & Toepfer, P.C. and in support ofits Motion for Voluntary Dismissal states as
follows:
1.
Following the
filing ofthe subject appeal,
several telephonic conferences were held
between the parties and a significant amount of additional information was provided to the
Petitioner regarding the basis for Respondent’s final decision.
2.
Petitioner has reviewed this information and understands the Respondent’s reasons for
the final decision and there is no further necessity to challenge the Respondent’s actions.
3.
All fees have been paid
and voluntary dismissal ofthis action will not prejudice the
Respondent.
WHEREFORE, the Petitioner respectfully requests that its appeal ofthe final decision in
this cause be dismissed.
Respectfully submitted,
Strata Geologic Services, Inc. Petitioner
By:
~
attorneys
Prepared by:
Michael A. Toepfer ARDC #6220902
Attorney for Petitioner
125 East Main
Street, P.O. Box
685
Warren, Illinois 61087
(815) 745-2624
by placing a true and correct copy of the same in the U.S. Postal Service at Warren,
illinois, this
10th
day
ofNovember, 2003,
on or about 4:00 P.M plainly addressed to the persons
and agencies at the addresses given above with the proper postage fully prepaid.
Date: November 10, 2003
M~haelA. Toepfer, one
aT
the attorneys for
Petitioner, Strata Geologic Services, Inc.
2
BEFORE
THE
POLLUTION CONTROL BOARD
OF THE
STATE OF
ILLINOIS
WINSLOW BOCO,
(STRATA GEOLOGIC SERVICES, INC.)
True Party in Interest,
V.
Petitioner,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
)
)
)
)
)
PCB No. 03-213
)
(LUST Appeal)
)
)
)
PROOF OF SERVICE
I the undersigned, hereby certify that I have served a true copy ofthe attachedMotion for
Voluntary Dismissal ofUnderground Storage Tank Appeal was served upon:
Mr. BradleyP. Halloran
Hearing Officer
Illinois Pollution Control Board
James R.
Thompson Center, Suite
11-500
100 West Randolph Street
Chicago, Illinois 60601
Mr.
John J. Kim
Assistant Counsel
Special Assistant Attorney General
Division ofLegal Counsel
1021 North Grand Avenue, East
P.O. Box
19276
Springfield, illinois 62794-9276
Division Chief ofEnvironmental
Enforcement
Office ofthe Attorney General
188 West Randolph Street,
20th
Floor
Chicago, Illinois 60601
Office ofChief Counsel
DOT Administration Building
2300 S. DirksenParkway, Room 300
Springfield, Illinois 62764
Ms. Dorothy M. Gunn
Clerk
Illinois Pollution Control Board
James R. Thompson Center, Suite
11-500
100 West Randolph Street
Chicago, Illinois 60601
Division ofPetroleum and Chemical Safety
Office ofthe State Fire Marshal
1035
Stevenson Drive
Springfield, Illinois 62703
Office of Legal Services
Illinois Department ofNatural Resources
524 South Second Street
Springfield, Illinois 62701-1787
USEPA, Region V
77 West Jackson
Chicago, Illinois 60604