BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

CLINTON COUNTY OIL

COMPANY,

INC.,

)

SEP

27

2OO~

Petitioner,

S7ATEOFILL~OIS

Oil JtUJn L~OfltroIBoard

v.

)

PCB 03-75

(UST Appeal)

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

NOTICE OF FILING AND PROOF OF SERVICE

TO:

Dorothy Gunn,

Clerk

Illinois Pollution Control Board

100 West Randolph Street

State of Illinois Building

Suite 11-500

Chicago,

IL 60601

Carol Sudman

Hearing Officer

Illinois Pollution Control Board

1021 North Grand Avenue East

P.O. Box 19274

Springfield,

IL 62794-9274

John Kim

Division of Legal Counsel

Illinois Environmental

Protection Agency

1021 North Grand Avenue East

P.O. Box 19276

Springfield,

IL 62794-9276

PLEASE BE ADVISED

THAT

we are today filing with the Pollution

Control Board the original and nine copies of Motion to Dismiss,

a

copy of which is attached hereto.

The undersigned hereby certifies that a true and correct copy

of this Notice of Filing,

together with a copy of the document

described above, were today served upon the hearing officer via

facsimile transmission and upon the hearing officer and counsel of

record of all parties

to this cause by enclosing same in envelopes

addressed to such attorneys at their business addresses as

disclosed by the pleadings of record herein,~w-i-~h~postage

fully

prepaid,

and by depositing same in the U.SMail-’i~I~Springfield,

Illinois on the

2~/

day of September~.-

MORAN, ALEWELT, PRILLAMAN &

ADAMI

1 North Old Capitol Plaza,

Suite 325

Springfield,

IL 62701

(217)

528-2517

C:\MAPA\CDAVIS\Clinton County 0i1\Motion to

Di~miss.wpd

sew 9/16/04

THIS FILING SUBMITTED ON RECYCLED PAPER

---

R ~p~S

BEFORE THE ILLINOIS POLLUTION CONTROL BOAR~L

c~tco

27

2OO~

CLINTON COUNTY OIL

)

s

F

INC.,

)

Petitioner,

v.

)

PCB 03-75

(UST Appeal)

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY,

Respondent.

MOTION TO DISMISS

NOW COMES Petitioner,

CLINTON COUNTY OIL COMPANY, by its

undersigned attorneys,

and moves to dismiss the pending petition

for review,

for the reason that the matters at issue have been

settled by and between the parties.

Respondent,

ILLINOIS

ENVIRONMENTAL PROTECTION AGENCY, has no objection to the granting

of this motion.

Respectfully submitted,

CLINTON COUNTY OIL COMPANY,

Petitioner

By

MOHANr~LEWELT~

PRILLAMAN &

ADAMI

By

______________________

Frj

,

Prillaman

MOHAN,

ALEWELT,

PRILLAMAN

&

ADANI

1

North

Old

Capitol

Plaza,

Suite

325

Springfield,

IL 62701

Phone:

(217)

528-2517

C:\MAPA\CDAVIS\Clinton County Oi1\?~otionto Dismiss.wpd sew 9/16/04