BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
PETITIONER'S MOTION TO DISMISS THE APPEAL

BEFORE THE POLLUTION CONTROL BOARD

OF THE STATE OF ILLINOIS

WOODWORTH & SONS, INC,

Petitioner,

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

)

PCB No. 09-04

)

(LUST Appeal)

)

PETITIONER'S MOTION TO DISMISS THE APPEAL

Pursuant to Board Rule 105.108(e), 35 ILL. ADM. CODE

105.108(e), petitioner

Woodworth

& Sons, Inc. ("Woodworth"), by its attorneys in this regard, The Sharp Law

Firm, P.C., moves for dismissal of the above-captioned appeal.

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

resolved by a decision on a subsequent request for reimbursement of corrective action

costs approved

on September 4, 2008, which constitutes other grounds that bar the

petitioner from proceeding under Rule 105.1 08(e).

September

15, 2008

John

Hundley

Mandy

L. Combs

THE SHARP LAW FIRM, P.C.

P.O. Box 906 - 1115 Harrison

Mt. Vernon, IL 62864

618-242-0246

Counsel for Petitioner Woodworth

Sons, Inc.

WOODWORTH

SONS, INC.

By:

j~~;lJ~

One of Its Attorneys

Electronic Filing - Received, Clerks's Office, September 15, 2008

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

United States Post Office mailbox at 14th and Main Streets,

Mt.Vernon, IL, before 6:00

p.m. this date,

in envelopes with proper first- class postage affixed, addressed as

follows:

Dorothy

M. Gunn, Clerk

Illinois Pollution Control Board

James R. Thompson Center

100

West Randolph Street

Suite 11-500

Chicago, IL 60601

James G. Richardson, Esq.

Illinois Environmental Protection

Agency

1021 N. Grand Ave. East

Springfield, IL 62702

Hon. Carol

Webb

Illinois Pollution Control Board

1021

N. Grand Ave. East

P.O. Box 19274

Springfield, IL 62794

September 15, 2008