BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

WILLAREDT OIL COMPANY,

Petitioner,

v.

)

PCB 03-107

(UST Appeal)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

u

Respondent.

)

OI/utjQ,~Oi~FLL,No

fltr01~

S

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 62794-92.76

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 ~

fully

prepaid, and by depositing same in the U.g. Mail ~1.i~pringfie1d,

Illinois on the

~q

day of Septembe

,~

Fred

~.iPrillaman

MOHAN,

ALEWELT,

PRILLANAN

&

ADANI

‘

\\~~/

/

1

North Old Capitol Plaza,

Suite 325

/

Springfield,

IL 62701

(217)

5282Sl7c:\r’u~?A\cDAvIs\wi11aredt\Motion to Dismiss.wpd sew 9/29/04

THIS FILING SUBMITTED ON RECYCLED PAPER

---

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

WILLAREDT OIL COMPANY,

Petitioner,

V.

PCB 03-107

(UST Appeal)

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

CLERK’S OFFICE

OCT

1

200k

STATE OF ILLINO~Sd

poUUtiOfl Controt Boar

MOTION TO DISMISS

NOW COMES Petitioner, WILLAREDT OIL COMPANY, by its

undersigned attorneys,

and moves 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,

WILLAREDT OIL COMPANY,

Petitioner

By

MORAN,

MOHAN, ALEWELT, PRILLANAN &

ADANI

1 North Old Capitol Plaza,

Suite 325

Springfield,

IL 62701

Phone:

(217)

528-2517

C:\MAPA\CDAVIS\Willaredt\Motion to Dismiss.wpd

sew 9/29/04

By

&

AJAMI