BEFORE THE ILLINOIS POLLUTION CONTROL

BOARD

FREEDOM OIL COMPANY,

Petitioner,

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

PCB 03-121

(tJST Appeal)

CLERK’S OFFICE

SEP

2 7

2OfJ~

STATE OF ~LUNO!S

PotIut~oflContro’ Board

NOTICE OF FILING AND PROOF OF SERVICE

TO:

 Dorothy Gunn,

 Clerk

Illinois Pollution Control Board

100 West Randolph Street

State of Illinois Building,

 Suite

 11-500

Chicago,

 IL 60601

Carol Sudman

Hearing Officer

Illinois Pollution Control Board

1021 North Grand Avenue East

P.O. Box 19274

Springfield,

 IL 62794-9274

John Kim

Division of Legal Counsel

Illinois Environmental

Protection Agency

1021 North Grand Avenue East

P.O.

 Box 19276

Springfield,

 IL 62794-9276

PLEASE BE ADVISED

THAT

 we are today filing with the Pollution

Control Board the original and nine copies of Motion to Dismiss,

a

copy of which is attached hereto.

The undersigned hereby certifies that a true and correct copy

of this Notice of Filing,

 together with a copy of the document

described above, were today served upon the hearing officer via

 facsimile transmission and upon the hearing officer and counsel of

record of all parties to this cause by enclosing same in envelopes

addressed to such attorneys at their business addresses as

disclosed by the pleadings of record herein

 ~w~i postage fully

prepaid, and by depositing same in the U.S. Mail ~n~)Springfield,

Illinois on the

_____

 day of Septe

r

~20

 ~re~

 C. -Prillaman

MOHAN,

 ALEWELT,

PRILLANAN

ADAMI

1 North Old Capitol Plaza,

 Suite 325

Springfield,

 IL 62701

(217)

528

2517c:\~.i~PA\cDAvIs\~reedom

 Oil\Motion to lJismiss.wpd sew 9/16/04

THIS FILING SUBMITTED ON RECYCLED PAPER

RC~K

 ~FF1CE

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

SEP 27

FREEDOM OIL COMPANY,

)

Petitioner,

)

P0

)

 PCB 03-121

(1.1ST Appeal)

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

MOTION TO DISMISS

NOW COMES Petitioner,

 FREEDOM OIL COMPANY, by its

undersigned attorneys,

 and mpves to dismiss the pending petition

for review,

 for the reason that the matters at issue have been

settled by and between the parties.

 Respondent,

 ILLINOIS

ENVIRONMENTAL PROTECTION AGENCY,

 has no objection to the granting

of this motion.

Respectfully submitted,

FREEDOM OIL COMPANY,

Petitioner

By MOHANALEWEi?~ PRILLAMAN &

ADANI

~/~7/

By

—7’

Fr~

 Prillaman

MOHAN, ALEWELT, PRILLANAN &

ADANI

.1 North Old Capitol Plaza,

 Suite 325

Springfield,

 IL 62701

Phone:

 (217)

 528-2517

C:\M~PA\CDAVIS\FreedomOil\Motion to Dismiss.wpd sew 9/16/04