1. NOTICE OF FILING
      2. CERTIFICATE OF SERVICE
      3. MOTION FOR VOLUNTARY DISMISSAL
BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
RECEilVED
PEOPLE OF THE STATE OF
)
CLERK’S
OFFTCE
ILLINOIS,
)
JUL
9
2003
Complainant,
STATE OF
ILLINOIS
)
PCB 03-74
Pollution Control Board
)
T.K. FLEMING CONSTRUCTION,
)
INC.,
)
)
Respondent.
)
NOTICE OF FILING
To:
Thomas
K.
Fleming
Charles
C.
Hall
T.K.
Fleming Construction
Hall
Law Firm
1
North
Logan Avenue
1018 N. Vermilion
Street
Danville,
IL 62832
Danville,
IL 61832
Charles J.
Devens
Manion,
Devens,
McFetridge,
Spiros
& Schum
24 East North
Street
Danville,
IL 61832-5804
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, a copy of which
is attached
hereto and
herewith served
upon you.
Respecifully submitted,
PEOPLE
OF THE STATE OF ILLINOIS
LISA MADIGAN,
Attorney General of the
State
of Illinois
MATTHEW
J.
DUNN, Chief
Environmental Enforcement/Asbestos
Litigation
Division
BY:_____________________
THOMAS
DAVIS, Chief
Assistant Attorney General
Environmental Bureau
500 South
Second Street
Springfield,
Illinois 62706
217/782-9031
Dated: July
7, 2003
CERTIFICATE OF SERVICE
I
hereby certify that
I
did
on July
7,
2003,
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
To:
Thomas
K.
Fleming
Charles
C.
Hall
T.K.
Fleming
Construction
Hall Law Firm
I
North
Logan Avenue
1018 N.
Vermilion Street
Danville,
IL 62832
Danville,
IL 61832
Charles J.
Devens
Manion,
Devens,
McFetridge,
Spiros
& Schum
24 East North Street
Danville,
IL 61832-5804
and the original and ten copies by First Class
Mail with
postage thereon fully prepaid
of the
same foregoing
instrument(s):
To:
Dorothy Gunn, 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 Sudman
Hearing
Officer
Illinois
Pollution
Control Board
600
South Second Street
Springfield,
IL 62704
Thomas Davis,
Chief
Assistant Attorney General
This filing
is submitted
on
recycled paper.
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECI~XV~D
PEOPLE OF THE STATE OF
)
CLERK’S
OFFICE
ILLINOIS,
)
JUL
92063
Complainant,
STATE OF
ILLINOIS
Poliutj0,.,
Con
trol
Board
V.
)
PCB
NO.
03-74
)
(Enforcement)
T.K. FLEMING
CONSTRUCTION, INC.,
)
Respondent.
)
MOTION
FOR VOLUNTARY DISMISSAL
NOW COMES
Complainant,
PEOPLE OF THE STATE OF ILLINOIS,
by LISA
MADIGAN, Attorney General of the State of Illinois,
and
pursuant to Section 2-1 009
of the
Illinois Code of Civil
Procedure, 735
ILCS 5/2-1 009
(2002),
moves to
voluntarily dismiss this
action
against Respondent, T.K.
FLEMING CONSTRUCTION, INC.,
and states as follows:
I.
This action was filed against the City of Georgetown and
T.K.
Fleming
Construction,
Inc., but the Complainant has
decided not
to pursue a civil penalty against the
latter Respondent.
2.
The City of Georgetown and the Complainant have filed a
Stipulation and
Proposal for Settlement
regarding the violations.
WHEREFORE, the Complainant prays that the Board enter an order of voluntary
dismissal as to this cause.
Respectfully submitted,
PEOPLE OF THE STATE
OF ILLINOIS,
LISA MADIGAN,
Attorney General
of the State of
Illinois,
1
500 South
Second Street
Springfield,
Illinois
62706
217/782-9031
Dated:
July 7, 2003
2
MATTHEW J.
DUNN, Chief
Environmental Enforcem~ntIAsbestos~
-
-~
-
-
Litigation Division
BY:_____________________
THOMAS DAVIS,
Bureau Chief
Assistant Attorney General
Environmental Bureau

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