BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
NOTICE
OF FILING
JohnKim
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021
North Grand Avenue East
P.O. Box
19276
Springfield, Illinois 62794-9276
Jul_an
~
Sr,~7.
Carol Sudman
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
PLEASE TAKE
NOTICE
that on the July 30, 2004,
filed with the Clerk ofthe Illinois
Pollution Control Board ofthe
State of Illinois an original, executed copy ofa Motion to Dismiss
PCB Nos. 03-24 and PCB
03-25.
Dated:
July 30, 2004
Carolyn S. Hesse
Barnes
.&
Thornburg
One North Wacker Drive
Suite 4400
Chicago, Illinois 60606
(312) 357-1313
230066v1
Respectfully submitted,
Hannel Oil Company
By:
Oi~ofIts A~2~neys
HANNEL OIL COMPANY,
)
)
Petitioner,
)
)
v.
)
PCB 03-24, PCB 03-25
)
(1ST
Appeal)
ILLINOIS ENVIRONMENTAL
)
(Consolidated)
PROTECTION AGENCY,
)
)
Respondent.
)
TO:
This
filing submitted on recycled paper as defined in 35
III.
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
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O.
Box 19276
Springfield, Illinois 62794-9276
Carol Sudman
Hearing Officer
Illinois Pollution Control Board
1021
North Grand Avenue East
P.O. Box
19276
Springfield, Illinois 62794-9276
from One North Wacker
Drive,
Suite
4400,
Chicago,
Illinois,
before the
hour of 5:00
p.m.,
on
this
30th
Day ofJuly, 2004.
~
Carolyn S. He~se
This
filing submitted on recycled paper as defined in 35 Ill. Adm. Code
101.202
BEFORE THE POLLUTION CONTROL BOARD
OF
THE
STATE OF ILLINOIS
HANNEL OIL COMPANY,
)
)
Petitioner,
)
)
PCB 03-24, PCB 03-25,.~~S7~.
v.
)
)
UST Fund Appeal
ILLINOIS ENVIRONMENTAL
)
(Consolidated)
PROTECTION AGENCY,
)
)
Respondent.
)
MOTION TO DISMISS.
Now comes
Petitioner, Hannel
Oil
Company, and
respectfully requests
that
the Illinois
Pollution
Control
Board
dismiss
its
appeals in
PCB
03-24
and
PCB
03-25.
The
Respondent,
Illinois Environmental Protection Agency, paid to Petitioner the amounts that were in dispute in
PCB 03-24 and PCB
03-25.
Petitioner believes that PCB
04-158 likely
will be
resolved soon
and will move to
dismiss that appeal after settlement has been reached.
Wherefore,
Petitioner
respectfully
requests
that
the
Board
dismiss
PCB
03-24
and
PCB
03-25.
Respectfully submitted,
Hannel Oil Company
By:
J~
One of Its A
eys
Carolyn S. Hesse, Esq.
Barnes & Thornburg LLP
OneNorth Wacker Drive
Suite 4400
Chicago, Illinois 60606
(312) 357-1313
230065v1
This
filing
submitted on recycled paper as defined in 35 IlL
Adm.
Code 101.202