BEFORE THE POLLUTION CONTROL
BOARD
OF THE STATE OF ILLINOIS
JIM’S
SHELL &
MARINE,
)
RECEIVED
Petitioner,
)
CLERK’S OFFICE
PCB
03-193
AUB
012005
STATE
OF ILLINOIS
ILLINOIS
ENVIRONMENTAL
)
Poflutifln control Board
PROTECTION AGENCY,
)
(UST Appeal)
)
Respondent.
)
NOTICE OF FILING
TO:
John Kim
Carol
Webb
Special Assistant Attorney General
Hearing Officer
Illinois Environmental Protection Agency
Illinois Pollution Control
Board
1021
North Grand Avenue East
1021
North Grand Avenue
East
P.O.
Box
19276
P.O.
Box
19276
Springfield,
Illinois 62794-9276
Springfield, Illinois 62794-9276
PLEASE TAKE NOTICE
that on the August 2, 2005,
filed with the Clerk of the Illinois
Pollution
Control
Board
of the
State
of
Illinois
an
original,
executed
copy
of a
Motion
to
Dismiss.
Dated:
August
2, 2005
Respectfully submitted,
Jim’s
Shell & Marine
By:
~
~
1i~~
One of Its Atto~eys
Carolyn S. Hesse
Barnes
& Thornburg
One North Wacker Drive
Suite 4400
Chicago, Illinois 60606
(312) 357-1313
28361
4v
I
Ilhis
filing submitted
on
recycled
paper
as
defined in 35
III.
Adm.
Code 101.2021
BEFORE THE POLLUTION CONTROL
BOARD
OF THE STATE OF ILLINOIS
JIM’S
SHELL &
MARINE,
RECEIVED
Petitioner,
)
CLERK’S
OFFICE
)
AUGQI200S
v.
)
PCB 03-193
)
(UST Appeal)
STATE
OF
ILLINOIS
ILLNOIS
ENVIRONMENTAL
)
Pollution
Control
Board
PROTECTION AGENCY,
)
)
Respondent.
)
MOTION TO DISMISS
Now
comes
Petitioner,
Jim’s
Shell
&
Marine,
and
respectfully
requests that
the
Illinois
Pollution
Control
Board
dismiss
the
above-captioned
matter.
The
Respondent,
Illinois
Environmental Protection Agency
and
Petitioner resolved the issues in dispute.
Wherefore, Petitioner respectfully requests that the Board dismiss this matter.
Dated:
August 2, 2005
Respectfully submitted,
Jim’s Shell
& Marine
By:
(~
N
O~’e
of Its Att~eys
Carolyn S.
Hesse, Esq.
Barnes & Thornburg LLP
One North Wacker Drive
Suite 4400
Chicago, Illinois 60606
(312) 357-1313
283350v1
IThis filing
submitted
on
recycled paper as defined in
35111. Adm.
Code
101.2021
CERTIFICATE OF SERVICE
I,
on oath
state that
I have served
the attached Motion to
Dismiss by placing-a copy
in an
envelope addressed to:
John Kim
-
Special Assistant Attorney General
Illinois Environmental Protection
Agency
1021
North Grand Avenue East
P.O.
Box
19276
Springfield, Illinois 62794-9276
from
One North
Wacker
Drive,
Suite 4400,
Chicago,
this 2~Day of August, 2005.
Carol
Webb
Hearing Officer
Illinois Pollution
Control Board
1021
North Grand Avenue East
P.O. Box
19276
Springfield, Illinois 62794-9276
Illinois,
before the hour of 5:00
p.m.,
on
Carolyn
S. Hess~
IThis
filing
submitted
on
recycled
paper as
defined in 35111. Mm. Code
101.2021