1. NOTICE OF FILING
      2. This document utilized 100 recycled paper products
      3. RECEI~.
      4. MOTION TO DISMISS
      5. This document utilized 100 recycled paper products
      6. AFFIDAVIT OF SERVICE

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
OCT 1
VILLAGE OF ROBBINS and, ALLIED
WASTE TRANSPORTATION, INC.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
)
)
)
)
)
)
Case No. PCB No. 04-48
)
)
)
)
)
SlATE OF ILLINOIs
oIluh~Ccntroi8oard
NOTICE OF FILING
TO:
All Counsel of Record (see attached service list)
PLEASE TAKE NOTICE that on October 14, 2005, the undersigned filed with the
Illinois Pollution Control Board, 100 West Randolph Street, Chicago, Illinois 60601, an original
and nine copies of the Motion to Dismiss, copies ofwhich are attached hereto.
Dated: October 14, 2005
Hinshaw and Culbertson LLP
100 Park Avenue
P.O. Box 1389
Rockford, IL 61105-1389
815-490-4900
Respectfully Submitted,
ALLIED WASTE TRANSPORTATION, INC.,
Petitioners
This document utilized 100 recycled paper products
Petitioners,
vs.
Charles F. Helsten
One of its Attorneys
70389444v1 820753

RECEI~.
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD CLERK’S OFFICED
OF THE STATE OF ILLINOIS
OCT 172005
VILLAGE OF ROBBINS and, ALLIED
)
STATE or ILLINO
WASTE TRANSPORTATION, INC.
)
~°~~UtiOnCon~j8°ard
)
Petitioners,
)
)
vs.
)
Case No. PCB No. 04-48
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
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MOTION TO DISMISS
NOW COMES Allied Waste Transportation, Inc., Petitioner in the above-captioned
matter, and respectfully moves to dismiss its pending appeal in the above-captioned matter with
prejudice, and, in support thereof, states as follows:
1.
That this appeal rises out of a denial by the Illinois Environmental Protection
Agency (IEPA) an application for issuance of a significant modification permit for the Robbins
Incineration facility.
2.
That as of the present date, all matters in issue in this appeal have been resolved
and the Petition has in fact received permit approval.
3.
As such, this pending appeal may be dismissed with prejudice.
WHEREFORE, the Petitioner, Allied Waste Transportation, Inc. respectfully request that
this Honorable Board enter an Order granting this Motion, and dismissing this appeal with
prejudice.
70466655v1 820753

Respectfully Submitted,
HINSHAW
AND CULBERTSON
LLP
100 Park Avenue
P.O. Box 1389
Rockford, IL 61105-1389
815-490-4900
On behalfofthe
This document utilized 100
recycled paper products
By:
Charles F. Helsten
One ofits Attorneys
704666S5v~820753

AFFIDAVIT OF SERVICE
The undersigned, pursuant to the provisions of Section 1-109 ofthe Illinois Code of Civil
Procedure, hereby under penalty of perjury under the laws of the United States of America,
certifies that on October 14, 2005, a copy of the foregoing was served upon:
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, IL 60601
John J. Kim
Special Assistant Attorney General
Division of Legal Counsel
1021 N. Grand Avenue, East
Springfield, IL 62794-9276
Mr. Brad Halloran
Hearing Officer
Illinois Pollution Control Board
100 West Randolph, 11th Floor
Chicago, Illinois 60601
Mr. William Mansker
Village ofRobbins
3327W. 137th Street
Robbins, IL 60472
By depositing a copy thereof, enclosed in an envelope in the United States Mail at Chicago,
Illinois, proper postage prepaid, before the hour of 5:00 P.M., addressed as above.
HINSHAW & CULBERTSON LLP
100 Park Avenue
“--I
P.O. Box 1369
Rockford,IL 61101
(815) 490-4900
This document utilized 100 recycled paper
70389411v1 820753

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