BEFORE
THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
NOTICE OF FILING
John Kim
Special Assistant Attorney General
Illinois Environmental
Protection Agency
1021 North Grand Avenue East
P.O. Box
19276
Springfield, Illinois 62794-9276
CE~VEO
CLERKâS OFFI
Carol Webb
Hearing Officer
Illinois
Pollution Control Board
1021
North Grand Avenue East
P.O.
Box 19274
Springfield, Illinois
62794-9274
PLEASE TAKE
NOTICE
that
on
May
11,
2005,
filed
with
the
Clerk of the
Illinois
Pollution
Control
Board
of the
State
of
Illinois
an
original,
executed
copy
of a
Motion
to
Dismiss.
Dated:
May 11,2005
Respectfully submitted,
Carolyn S. Hesse
Barnes
& Thornburg LLP
OneNorth Wacker Drive
Suite 4400
Chicago, Illinois 60606
(312) 357-1313
271025v1
By:
Robert and Tony Thompson
One of Its At~rneys
MAY
112005
STATE OF ILliNOIS
PoUUtiOfl CofltrOt Board
ROBERT AND TONY THOMPSON,
)
)
Petitioner,
)
)
v.
)
)
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
)
)
Respondent.
)
TO:
PCB 04-085
(UST Appeal)
This
filing submitted on recycled paper as defined in
35
Ill. Adm. Code 101.202
CERTIFICATE OF SERVICE
I,
on oath state that I have served the attached Motion to
Dismiss by placing
a copy in an
envelope addressed to:
John Kim
Spedial Assistant Attorney General
Illinois Environmental Protection Agency
1021
North Grand Avenue East
P.O. Box
19276
Springfield,
Illinois 62794-9276
Carol Webb
Hearing Officer
Illinois Pollution Control Board
1021
North Grand Avenue East
P.O. Box 19274
Springfield,
Illinois 62794-9274
from
One North Wacker
Drive,
Suite
4400,
Chicago, Illinois,
before the hour of 5:00
p.m.,
on
this
11th
Day of May, 2005.
C
Carolyn S. He~e
This
filing submitted on recycled paper as defined in
35
III.
Adm. Code
101.202
2
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
MAY
112005
ROBERT AND TONY THOMPSON,
)
)
STATE OF ILLINOIS
Petitioner,
)
Pollution Control Board
)
v.
)
PCB 04-085
)
(UST Appeal)
ILLINOIS ENVIRONMENTAL
0
)
PROTECTION AGENCY,
)
)
Respondent.
)
MOTION TO DISMISS
Now
comes Petitioner,
Robert
and
Tony
Thompson,
and
respectfully
requests
that
the
Illinois
Pollution
Control Board
dismiss
the
above-captioned matter.
The Respondent, Illinois
Environmental Protection Agency and Petitioner resolved the issues in dispute.
This Motion to
Dismiss
is being refiled
to
correct
a typographical error
in the docket number of the previously
filed motion, which incorrectly listed
PCB 04-084 as the docket number.
Wherefore, Petitioner respectfully requests that the Board dismiss this matter.
Dated:
May 11,2005
Respectfully
submitted,
Robert and
Tony Thompson
By:
~
H
u~
One of Its Attd~jneys
Carolyn S. Hesse, Esq.
Barnes & Thornburg
LLP
One North Wacker Drive
Suite 4400
Chicago, Illinois 60606
(312)357-1313
271230v1
This
filing submitted on recycled paper
as
defined in 35
III. Adm. Code
101.202