BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
RECE~VED
CLERK’S OFFICE
JOHNSON OIL COMPANY, LLC,
)
)
Petitioner,
)
vs.
ILLINOIS ENVIRONMENTAL.
PROTECTION AGENCY,
)
)
)
)
)
)
DEC
23
2004
STATE OF ILLINOIS
PCB No.
04
1~oIIution
Control Board
(LUST Appeal)
Respondent.
)
NOTICE OF FILING
John Kim
Assistant Counsel
Special Assistant Attorney General
Division of Legal Counsel
1021 North Grand Avenue East
P.O. Box
19276
Springfield, Illinois 62794-9276
Carol Webb, Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
P.O. Box
19274
Springfield, IL 62794-9274
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
PLEASE TAKE NOTICE that I have today, December
16, 2004, filedwith the Clerk of
the Illinois Pollution Control Board JOHNSON OIL’s UNOPPOSED MOTION TO DISMISS
PETITION WITHOUT PREJUDICE, a copy ofwhich is herewith served upon you through
United States Mail return receipt requested.
Respectfully Submitted,
F. konalds Walker, Atty No. 2922223
PLEWS
SHADLEY RACHER
&
BRAUN
1346 N. Delaware Street
Indianapolis, Indiana 46202
Ph:
(317) 637-0700
Fax:
(317) 637-0712
To:
RECE~VED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL
BOARD
DEC
232004
OF THE STATE OF ILLINOIS
STATE OF ILLINOIS
Pollution Control Board
JOHNSON OIL COMPANY, LLC,
)
)
Petitioner,
)
)
PCBNo.04-l83
vs.
)
(LUST Appeal)
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
JOHNSON OIL’s UNOPPOSED MOTION TO DISMISS
PETITION WITHOUT PREJUDICE
Petitioner, Johnson Oil Company, LLC (“Johnson Oil”), files its unopposed motion to
dismiss the above captioned petition, PCB No.
04-183, without prejudice, and in support thereof
states:
1.
Johnson Oil and
the Illinois Environmental Protection Agency (“IEPA”) have
reached settlement with respect to the above petition, PCB No.
04-183.
The parties desire that
this petition be dismissed withoutprejudice.
2.
Counsel
for Johnson Oil has discussed this motion with John Kim, counsel for the
JEPA, and the IEPA is not opposed to this motion.
3.
By this motion, Johnson Oil does not move to
dismiss a relatedpetition under
case number PCB No.
04-190.
Johnson Oil will file a separate motion to dismiss PCB No. 04-
190 once the terms of its
settlement agreement are complete.
WHEREFORE, Petitioner, Johnson Oil
Company, LLC, requests that the Illinois
Pollution Control Board grant its Unopposed Motion to Dismiss Petition, PCB No.
04-183,
Without Prejudice.
Respectfully Submitted,
PLEWS SHADLEY RACHER
&
BRAUN
Walker, Atty No. 2922223
SHADLEY RACHER
&
BRAUN
1346 N. Delaware Street
Indianapolis, Indiana 46202
Ph: (317) 637-0700
Fax: (317) 637-0712
CERTIFICATE OF SERVICE
I, the undersigned attorney at law, hereby certify that on December
16, 2004, I served
true
and correct copies
ofJohnson Oil’s Unopposed Motion to DismissPetition Without
Prejudice, by placing true and correct copies
in properly sealed and addressed envelopes and by
depositing said sealed envelopes in a U.S. mail box with sufficient postage affixed thereto, upon
the following named persons:
John Kim
Assistant Counsel
Special Assistant Attorney General
Division oflegal Counsel
1021 North Grand Avenue East
P.O. Box
19276
Springfield, Illinois 62794-9276
CarolWebb, Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
P.O.Box 19274
Springfield, IL 62794-9274
DorothyM.
Gunn, Clerk
Illinois Pollution ControlBoard
James R.
Thompson Center
100West Randolph Street
Suite 11-500
Chicago, Illinois 60601
2
