ILLINOIS
    ENVIRONMENTAL
    PROTECTION
    AGENCY,
    BEFORE
    THE
    ILLINOIS
    POLLUTION
    CONTROL
    BOARD
    NOTICE
    OF
    FILING
    To:
    Counsel
    of
    Record
    (See attached
    Service List.)
    PLEASE TAKE
    NOTICE that
    on this
    23th
    day
    of March
    2009, the
    following was filed
    with the
    Illinois
    Pollution Control
    Board:,
    Petitioner Intermart,
    Inc.’s
    Motion
    to Voluntarily
    Dismiss
    Appeal, which
    is attached
    and
    herewith
    served
    upon
    you.
    Michael
    J.
    Maher
    Elizabeth
    S. Harvey
    SWANSON,
    MARTIN
    & BELL,
    LLP
    330
    North
    Wabash Avenue
    Suite
    3300
    Chicago,
    Illinois 60611
    Telephone:
    (312)
    321-9100
    INTERMART,
    INC.
    CERTIFICATE
    OF
    SERVICE
    I, the
    undersigned
    non-attorney, state that
    I
    served
    a
    copy of the
    above-described document
    to
    counsel of
    record in
    the above-captioned
    matter
    via
    U.S.
    Mail on
    or
    before 5:00 p.m. on March
    23, 2009.
    [x]
    under penalties as
    provided
    by
    law
    ‘pursuant to 735 ILCS 511-109,
    certify
    that the
    statements set forth herein
    are true and
    correct.
    /AMUItf
    m
    1LMi
    (tteM. Podlin
    INTERMART,
    INC.
    )
    Petitioner,
    vs.
    CEVED
    CLERK’S
    OFFICE
    MAR”23
    2009
    S1ATE
    OF
    ILLINOIS
    ?oiUtofl
    Control
    Board
    )
    )
    )
    )
    )
    )
    )
    )
    PCB 09-34
    (UST
    Appeal)
    Respondent.
    )
    4392-001
    BEFORE
    THE
    jLjPt’
    ILLINOIS
    POLLUTION
    CONTROL
    BOARD
    3
    nq
    INTERMART,
    INC.
    )
    ;zi9OIS
    Petitioner,
    )
    )
    vs.
    )
    PCB 09-34
    )
    (UST
    Appeal)
    ILLINOIS
    ENVIRONMENTAL
    )
    PROTECTION
    AGENCY,
    )
    )
    Respondent.
    )
    MOTION
    TO
    VOLUNTARILY
    DISMISS
    APPEAL
    Petitioner
    INTERMART,
    INC.
    (“Intermart”),
    by
    its attorneys
    Swanson,
    Martin &
    Bell, LLP,
    hereby
    moves
    to voluntarily
    dismiss
    its appeal.
    In
    support,
    lntermart
    states:
    1.
    On
    November
    24, 2008,
    Intermart
    filed
    this
    appeal
    of
    the
    Illinois
    Environmental
    Protection
    Agency’s
    (“Agency”)
    October
    20, 2008
    denial
    of
    Intermart’s
    proposed
    corrective
    action
    plan
    (“CAP”)
    and
    budget.
    2.
    The Board
    accepted
    the appeal
    on
    December
    4, 2008.
    3.
    The.
    Agency and
    lntermart
    subsequently
    met
    and negotiated
    a
    full
    resolution
    of
    this matter.
    On
    March 9,
    2009,
    the Agency
    issued
    its
    written
    approval of
    lntermart’s
    CAP
    and
    budget.
    Intermart
    received
    that approval
    on or
    about March
    13, 2009.
    4.
    Because
    the Agency
    has
    now
    approved
    the
    CAP and
    budget,
    there
    are
    no
    issues
    of dispute
    remaining
    between
    the
    parties, and
    this appeal
    can
    be
    dismissed.
    WHEREFORE,
    Intermart,
    Inc.
    moves
    the Board
    for
    voluntary
    dismissal of
    Intermart’s
    appeal
    of
    the
    Agency’s
    October
    20,
    2008
    decision,
    and
    for such
    other
    relief
    as
    the
    Board
    deems
    appropriate.
    INTERMART,
    INC.
    Michael
    J.
    Maher
    Elizabeth
    S.
    Harvey
    SWANSON,
    MARTIN
    & BELL,
    LLP
    330
    North
    Wabash Avenue
    Suite
    3300
    Chicago,
    Illinois
    60611
    312/321-9100
    2
    4392-001
    SERVICE LIST
    Intermart, Inc. v. Illinois Environmental Protection Agency
    PCB 09-34 (UST Appeal)
    Stephen
    J.
    Sylvester
    Assistant Attorney
    General
    Office of the Illinois
    Attorney General
    Environmental Bureau
    69 West Washington
    Street
    18
    th
    Floor
    Chicago, Illinois 60602
    Ms. Eleonora
    “Lee” R. Holmes, JD, CPA
    Strohschein Law Group LLC
    40W310
    LaFox Road
    Suite K-2
    St. Charles,
    Illinois 60175
    Bradley P. Halloran
    Hearing Officer
    Illinois Pollution Control Board
    100
    West Randolph
    Street
    Suite 11-500
    Chicago,
    Illinois 60601

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