DALEE OIL COMPANY,

)

Petitioner,

)

v .

)

PCB No . 06-40

(LUST Appeal)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

)

PETITIONER'S MOTION TO DISMISS THE APPEAL

Pursuant to Board Rule 105

.108(e), 35

ILL. ADM . CODE

§ 105 .108(e), and to the

agreement of counsel, petitioner DaLee Oil Co

. ("DaLee"), by its attorneys in this

regard, The Sharp Law Firm, P

.C

., moves for dismissal of the above-captioned appeal

.

In support, DaLee states that the issues raised in this appeal have been

compromised and settled, which settlement constitutes other grounds that bar the

petitioner from proceeding under Rule 105

.108(e) .

October 17, 2006

John T

. Hundley

THE SHARP LAW FIRM, P.C

.

P .O

. Box 906 - 1115 Harrison

Mt

. Vernon, IL 62864

618-242-0246

BEFORE THE POLLUTION CONTROL BOARD

OF THE STATE OF ILLINOIS

DALEE OIL CO

.

By:

RECEIVED

OCT 19 P006

Pollution

STATE OF

Control

ILLINOIS

Board

---

CERTIFICATE OF SERVICE

I, the undersigned attorney at law, hereby certify that I served the foregoing

document upon all persons entitled to same by causing copies to be deposited in the

U .S . Mail box at 14

h and Main Streets, Mt

. Vernon, IL 62864, in sealed envelopes with

proper first class postage prepaid addressed as follows

:

Upon the Clerk by Mail to

:

Dorothy M

. Gunn, Clerk

Illinois Pollution Control Board

James R

. Thompson Center

100 West Randolph Street

Suite 11-500

Chicago, IL 60601

Upon the Agency by Mail to

:

James R. Richardson

Assistant Counsel

Illinois Environmental Protection Agency

1021 N . Grand Ave

. East

Springfield, IL 62702

Upon the Hearing Officer by Mail to

:

Hon . Carol Webb

Illinois Pollution Control Board

1021 N

. Grand Ave . East

P .O

. Box 19274

Springfield, IL 62794

October 17, 2006

Brenda\USI\OkawvilleMotiontoDismiss

.doc

Jo

.Hundl

John T. Hundley

THE SHARP LAW FIRM, P.C .

P.O

. Box 906 - 1115 Harrison

Mt. Vernon, IL 62864

618-242-0246

Counsel for Petitioner DaLee Oil Company .