RE CE ~VED
    BEFORE THE ILLINOIS POLLUTION CONTROL BOARDCLERKS
    OFFfCE
    MAR 29 2004
    JEAN A. MATHISON AND
    )
    STATE OF ILLINOIS
    ROCKFORD STOP-N-GO, iNC.,
    )
    Pollution Control Board
    )
    Petitioners,
    )
    )
    vs.
    )
    PCB No. 04-146
    )
    (UST Fund Appeal)
    ILLiNOIS OFFICE OF STATE
    )
    FIRE MARSHAL,
    )
    )
    Respondent.
    )
    NOTICE OF MOTION AND MOTION TO VOLUNTARILY
    DISMISS APPEAL PCB NO. 04-146
    TO:
    Ms. Jennifer A. Tomas
    Mr. Mitchell L. Cohen
    Assistant Attorneys General
    188 West Randolph, Suite 2001
    Chicago, IL 60601
    And
    Ms. Dorothy M. Gunn
    Clerk of the Board
    Illinois Pollution Control Board
    100 West Randolph Street
    Suite 11-500
    Chicago, IL 60601
    And
    Ms. Carol Sudman
    Administrative Law Judge
    Illinois Pollution Control Board
    1021 North Grand Avenue East
    Springfield, IL 62794
    Madison\124774RMR:JJS 03/26/04
    PLEASE TAKE NOTICE that the Petitioners, JEAN A. MATHISON and
    ROCKFORD STOP-N-GO, INC., by their attorneys, Reinhart Boerner Van
    Deuren s.c. and Raymond M. Roder, will and hereby do move for the voluntary
    dismissal oftheir appeal in the above-entitled action. The grounds for the Motion
    are as follows:
    1.
    The Petitioners since filing their Petition for Hearing and Review
    (“Petition”) have obtained documentation that indicates that registration ofthe first
    underground storage tanks (“USTs”) (five in number) to be registered with the
    Office of the State Fire Marshal (“OSFM”) for the Jean A. Mathison Property at
    the corner of Routes 76 and 173, Poplar Grove, Boone County, Illinois occurred
    on December 29, 1989, not January 29, 1989 as Petitioners believed.
    2.
    As a consequence no UST present on the Mathison Property was
    registered before July 28, 1989, the deadline established in 415 Iii. Comp. Stat.
    5/57.9(b)(
    1)-2002.
    3.
    The ground for Petitioners’ Petition was the belief that at least one of
    the USTs on the Mathison Property had been registered before the deadline in 415
    Ill. Comp. Stat.
    5/57.9(b)(l)-2002.
    WHEREFORE, the Petitioners move for voluntarily dismissal of their
    appeal in PCB No. 04-146.
    Madison\124774RMR:JJS 03/26/04
    2
    Dated at Madison, Wisconsin, this ~ t day ofMarch, 2004.
    Reinhart Boerner Van Deuren s.c.
    22 East Mifflin Street, Suite 600
    Madison, Wisconsin 53703
    608-229-2200
    Mailing Address:
    P.O. Box 2018
    Madison, WI 53701-2018
    Raymond6’I. Roder
    WI State Bar ID No. 1010463
    Attorney for Petitioners,
    Jean A. Mathison and
    Rockford Stop-N-Go, Inc.
    Madison\124774R1vIR:JJS 03/26/04
    3

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