In the matter of
ELSTON/WEBSTER, LP, and
RENAISSANCE REALTY GROUP LLC,
Petitioners,
V.
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY,
Respondent.
TO:
John J. Kim
Special Assistant Attorney General
Illinois Environmental Protection Agency
Division ofLegal
Counsel
1021
North Grand Avenue East
Springfield, Illinois 62794
Bradley P. Halloran
Hearing Officer
Illinois Pollution
Control Board
James R. Thompson Center
100 West Randolph, Suite 11-500
Chicago, IL 60601
Dorothy Gunn, Clerk
Illinois Pollution Control Board
State ofIllinois
Center
100 West Randolph,
Suite 11-500
Chicago, Illinois
60601
NOTICE OF FILING
Please take notice that on November
10, 2004
we filed with the Clerk of the Illinois
Pollution
Control Board the attached Petitioners’
Motion to
Voluntarily Dismiss Action, a copy
of which is herewith served upon you.
Norman V. Chimenti
Martin,
Craig, Chester &
Sonnenschein
2215
York Road,
Suite
550
Oak Brook, Illinois
60523
(630) 472-3408
Norman V. Chimenti
RECE~V~
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLERK’S
OFFICE
NOV
152004
STATE OF ILLINOIS
Pollution Control Board
)
)
)
)
)
)
)
)
)
)
)
PCB 04-155
(UST-Appeal)
Printed on
recycled paper
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLERK’S
OFFICE
NOV
15
2004
in the matter of
)
)
STATE OF
ILLINOIS
ELSTON/WEBSTER, LP,
and
)
Pollution
Control
Board
RENAISSANCE REALTY GROUP LLC
)
Petitioners,
)
)
v.
)
PCBO4-l55
)
(UST-Appeal)
ILLINOIS ENVIRONMENTAL PROTECTION
)
AGENCY,
)
Respondent.
)
PETITIONERS’ MOTION
TO VOLUNTARILY
DISMISS ACTION
Pursuant to
35
Ill. Adm. Code 103.180 and Section 5/2-1009 ofthe Civil Practice Act (which
applies herein
in
the absence of a
different
rule established
by the
Board),
Petitioners
move
to
voluntarily dismiss this action against Respondent.
The Board imposes no filing fee or other costs
on Respondent in actions such as this action.
Petitioners know ofno costs which they must pay to
the Respondent so as to meet the terms “upon payment ofcosts” set forth
in Section 5/2-1009.
Respectfully submitted,
ELSTON/WEBSTER, LP
By:
*
Norman V. Chimenti
Its Attorney
Norman V. Chimenti
Martin, Craig, Chester &
Sonnenschein
2215 York Road, Suite
550
Oak Brook, Illinois 60523
(630) 472-3408
Printed
on
recycled paper
CERTIFICATE OF SERVICE
The undersigned, an
attorney, certifies that on November
10, 2004, he mailed a copy of
Petitioners’ Motion to Voluntarily Dismiss Action by depositing same in the United States mail,
properly addressed with postage prepaid, at 2215
York Road, Suite
550,
Oak Brook, Illinois
60523
to each person shown below:
John J.
Kim
Special Assistant Attorney General
Illinois
Environmental Protection
Agency
Division of Legal Counsel
1021
North Grand Avenue East
Springfield, Illinois 62794-9276
Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph, Suite 11-500
Chicago, IL 60601
and to the following by certified mail, return receipt requested:
Dorothy Gunn, Clerk
Illinois
Pollution Control
Board
State of Illinois Center
100 West Randolph, Suite
11-500
Chicago, Illinois 60601
Norman V. Chimenti
Printed
on recycled paper