BEFORE THE POLLUTION CONTROL

BOARD

OF THE STATE

OF ILLINOIS

SEP 282005

BUNKER HILL AMOCO,

STATE OF ILLINOiS

Pollution

Control Board

Petitioner,

)

v.

)

PCB

05-36

)

(UST Appeal)

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

)

)

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

19274

Springfield, Illinois 62794-9276

Springfield, Illinois 62794-9274

PLEASE

TAKE

NOTICE

that

on

September

28,

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:

September 28, 2005

Respectfully submitted,

Bunker Hill

Amoco

By:

~

~

Oie

of Its

Ató3.rneys

Carolyn S.

Hesse

Barnes

&

Thornburg LLP

One North Wacker Drive

Suite 4400

Chicago, Illinois 60606

(312) 357-1313

296874v1

IThis filing submitted

on recycled paper as

defined

in 35

Ill. Mm.

Code IOI.202J

---

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

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

19274

Springfield,

Illinois 62794-9276

Springfield, Illinois

62794-9274

from

One North

Wacker

Drive,

Suite

4400,

Chicago,

Illinois,

before the hour of 5:00

p.m.,

on

this

2gtl~

Day of September,2005.

H

Carolyn

S. He~e

tThis

filing

submitted

on

recycled

paper

as

defined in 35111. Adm.

Code

IO1.202J

2

---

BEFORE THE

POLLUTION CONTROL

BOARD

RECEIVED

OF

THE STATE

OF ILLINOIS

CLERKS OFFICE

BUNKER HILL AMOCO,

)

SEP

282005

)

STATE OF ILLINOIS

Petitioner,

)

Pollution Control Board

)

v.

)

PCB

No.

05-36

)

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

)

)

Respondent.

)

MOTION TO

DISMISS

Now

comes

Petitioner,

Bunker

Hill

Amoco,

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:

September 28, 2005

Respectfully

submitted,

Bunker Hill Amoco

By:

_______________

O~ne

of Its Att~rneys

Carolyn S.

Hesse,

Esq.

Barnes & Thornburg LLP

One North Waeker Drive

Suite 4400

Chicago, Illitlois 60606

(312) 357-1313

296873v1

This

filing

submitted on recycled paper as defined

in

35 III. Adm.

Code

101.202