ILLINOIS POLLUTION CONTROL BOARD

JUN

2 12004

CITY

OF QUINCY,

an Illinois municipal

STATE

OF ILLINOIS

corpora

ion,

Pollution Control Board

Petitioner,

v.

)

PCBO2-106

)

(NPDES

Permit Appeal)

ILLINOIS

ENVIRONMENTAL

)

PROTECTION AGENCY,

Respondent.

MOTION

TO DISMISS

NOW

COMES

the

Petitioner,

City

of

Quincy,

an

Illinois

municipal

corporation,

Petitioner,

by

its counsel,

Anthony

B.

Cameron,

and

moves this Honorable Board

dismiss

the instant case and, for

its motion, states as follows:

1.

The subject permit was re-issued with conditions mutually acceptable to both

parties;

2.

The Respondent has no objection to this motion;

3.

No interveners

or interested

parties

have

involved themselves

in

the

instant

cause;

4.

The subject matter of the proposed litigation

is now moot.

WHEREFORE,

your Petitioner prays the

instant cause be dismissed, with prejudice.

Petitioner’s costs

paid,

no costs to the

State.

CITY OF

QUINCY

an Illinois municipal

corporation,

Petitio

r

~

/~‘

---

ANTHONY B.

CAMERON

-

374555

Attorney for Petitioner

529 Hampshire Street

-

Suite

511

Quincy,

IL

62301

Telephone:

(217) 228-8669

Telefax:

(217) 228-2225

Our File

No.

01 -513

Presented

on recycled bond

as encouraged by Rule

10.

---

PROOF OF SERVICE

I,

Anthony

B.

Cameron,

hereby

certify

that

I

served

a

copy

of

the

foregoing

document

entitled

Motion to

Dismiss upon

the

following

by depositing

a

true

and correct

copy of the

same

in

a

United

States

Post

Office box located in

Quincy,

Illinois,

first class

postage fully

prepaid, enclosed

in

an envelope plainly addressed as follows,

on the 9th day

of June, 2004:

Sanjay K.

Sofat, Assistant Counsel

Division of Legal Counsel

Illinois Environmental

Protection Agency

1021

North Grand

Avenue East

Springfield,

IL

62794-9276