-
EFPRE—THE
ILLINOIS
POLLUTION
CONTROL BOARD
RECE
WED
PEOPLE OF THE STATE
OF
)
CLERK’S OFFICE
ILLINOIS,
)
N0V122004
Complainant,
)
STATE OF ILLINOIS,
Pollution Control Board
vs.
)
PCB NO.
04-81
)
(Enforcement)
EMMETT UTILITIES,
INC., an
Illinois
)
corporation,
and
RUSSELL
D.
)
THORELL, individually
and
as
)
president of EMMETT UTILITIES,
INC.,
)
Respondent.
NOTICE OF FILING
To:
Mr.
John
Meyers
Rabin,
Myers
& Hanken,
P.C.
1300 South
Eighth
Street
Springfield,
IL 62703
PLEASE TAKE NOTICE that on this date
I
mailed for filing with
the Clerk of the Pollution
Control Board of the
State of Illinois, COMPLAINANT’S MOTION
FOR VOLUNTARY DISMISSAL,
a copy of which is attached
hereto and herewith served
upon you.
Respectfully submitted,
PEOPLE
OF THE STATE
OF ILLINOIS
LISA MADIGAN,
Attorney General
of the
State
of Illinois
MATTHEW J.
DUNN, Chief
Environmental
Enforcement/Asbestos
Litigation
Division
BY:_____________________
THOMAS
DAVIS,
Chief
Assistant Attorney General
Environmental Bureau
500
South
Second Street
Springfield,
Illinois 62706
217/782-9031
Dated:
November 9,
2004
CERTIFICATE OF SERVICE
I
hereby certify that
I
did
on November-9,
2004, send by
First Class
Mail, with
postage
thereon fully prepaid,
by depositing
in a
United
States
Post Office
Box a true
and correct copy
of the following instruments entitled
NOTICE
OF FILING
and
COMPLAINANT’S MOTION
FOR
VOLUNTARY DISMISSAL
To:
Mr. John
Meyers
Rabin,
Myers
&
Hanken,
P.C.
1300 South
Eighth
Street
Springfield,
IL 62703
and the original
and ten copies by First Class
Mail with
postage thereon fully prepaid
of the
same foregoing
instrument(s):
To:
Dorothy Gunn,
Clerk
Illinois Pollution Control
Board
James
R.
Thompson Center
Suite
11-500
100 West
Randolph
Chicago,
Illinois 60601
A copy was
also sent to:
Carol Webb
Hearing Officer
Illinois Pollution Control
Board
1021
N.
Grand Avenue
East
Springfield,
IL 62794
Thomas
Davis,
Chief
Assistant Attorney General
This filing
is
submitted
on
recycled paper.
BEFORE
THE ILLINOIS POLLUTION
CONTROL BOARD
CLERK’S OFFgCE~
PEOPLE OF THE STATE OF ILLINOIS,
)
0V122004
Complainant,
)
STATE OF 1LLINO!~
)
POIIUtfon Controj 8o~r~
v.
)
PCB
NO. 04-81
)
(Enforcement)
EMMETT UTILITIES,
INC.,
)
an
Illinois corporation,
and
RUSSELL 0. THORELL,
individually and
)
as
president of EMMETT UTILITIES,
INC.
)
Respondents.
COMPLAINANT’S MOTION FOR VOLUNTARY DISMISSAL
Complainant,
PEOPLE
OF THE
STATE OF iLLINOIS,
by
LISA MADIGAN, Attorney
General of the State of
Illinois, hereby respectfully submits this
Motion for Voluntary Dismissal
to
the Pollution Control
Board.
Complainant states as follows:
1.
Russell Thorell has
died.
2.
The executor of the Thorell estate intends to
convey
ownership of
Emmett
Utilities,
Inc., to another party which will
be responsible for providing sewer and
water services to the
users
at Stratford West.
3.
Dismissal
of this action is sought in order
to assure
continued operation
of the
utility and
to facilitate a transfer of ownership to
a responsible party and,
along
with other commitments
by the
State regarding waiver of penalties
and
liability,
is
conditioned
upon the following:
1) the estate will disclaim the debts owed by
the
company to
it
(e.g.
the loans by Thorell to
Emmett Utilities,
Inc.); and
2) the
estate will continue to
operate the utility until a transfer of ownership may
be
completed.
1
WHEREFORE, the Complainant prays that this action
be dismissed.
Respectfully submitted,
PEOPLE
OF THE
STATE OF
ILLINOIS,
LISA
MADIGAN
Attorney General
State of Illinois
MATTHEW J.
DUNN, Chief
Environmental Enforcement Division
BY:________________
THOMAS
DAVIS,
Chief
Environmental
Bureau
Assistant Attorney General
500 South
Second Street
Springfield,
Illinois 62706
Dated:
November 8,
2004
2
