1
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
In the Matter of:
)
)
LORETTA THIGPEN
)
)
Complainant.
)
)
PCB 08-12
v.
)
(Citizen Enforcement - PWS)
)
MORTON MOBILE HOME PARK, LLC, )
an Illinois limited liability company, d/b/a )
EDGEWOOD TERRACE MOBILE HOME )
PARK,
)
)
Respondent.
)
NOTICE OF FILING
TO:
See Attached Service List
PLEASE TAKE NOTICE THAT
on the 30th day of April, 2009, David L. Wentworth
II, one of the attorneys for Complainant, LORETTA THIGPEN, filed a Motion for Voluntary
Dismissal, via electronic filing as authorized by the Clerk of the Illinois Pollution Control Board.
Respectfully submitted,
LORETTA THIGPEN, Complainant
By: /s/ David L. Wentworth II
One of Her Attorneys
David L. Wentworth II
Hasselberg, Williams, Grebe,
Snodgrass & Birdsall
124 SW Adams, Suite 360
Peoria, IL 61602
Telephone: (309) 637-1400
Facsimile: (309) 637-1500
Electronic Filing - Received, Clerk's Office, April 30, 2009
2
STATE OF ILLINOIS
)
)
SS
COUNTY OF PEORIA
)
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a copy of the Notice of Filing and Motion for
Voluntary Dismissal were served upon the following persons (Service List) via email (where
indicated) and regular U.S. mail on the 30
th
day of April, 2009, before 5:00 p.m., with all fees
thereon fully prepaid and addressed as follows:
Office of the Attorney General
Stephen J. Janasie, Asst. Attorney General
Environmental Bureau
500 South Second Street
Springfield, IL 62706
Arnstein & Lehr
Attn.: William J. Anaya and
John F. Hiltz
120 South Riverside Plaza
Suite 1200
Chicago, IL 60606-3910
wjanaya@arnstein.com
Thomas P. Conley, Registered Agent
Attn: Morton Mobile Home Park, LLC
120 S. Riverside Plaza, #1200
Chicago, IL 60606
Carol Webb, Hearing Officer
Illinois Pollution Control Board
1021 N. Grand Avenue East
P.O. Box 19274
Springfield, IL 62794-9274
webbc@ipcb.state.il.us
/s/ David L. Wentworth II
David L. Wentworth II
David L. Wentworth II
Hasselberg, Williams, Grebe,
Snodgrass & Birdsall
124 SW Adams, Suite 360
Peoria, IL 61602
Telephone: (309) 637-1400
Facsimile: (309) 637-1500
Electronic Filing - Received, Clerk's Office, April 30, 2009
1
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
In the Matter of:
)
)
LORETTA THIGPEN
)
)
Complainant.
)
)
PCB 08-12
v.
)
(Citizen Enforcement - PWS)
)
MORTON MOBILE HOME PARK, LLC, )
an Illinois limited liability company, d/b/a )
EDGEWOOD TERRACE MOBILE HOME )
PARK,
)
)
Respondent.
)
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MOTION FOR VOLUNTARY DISMISSAL
NOW COMES the Complainant, LORETTA THIGPEN, by and through her
attorneys, HASSELBERG, WILLIAMS, GREBE, SNODGRASS & BIRDSALL, and
pursuant to Section 2-1009 of the Illinois Code of Civil Procedure, 735 ILCS 5/2-1009,
and 35 Ill. Admin. Code 101.500, hereby moves this Board to voluntary dismiss this
action without prejudice, and in support thereof, states as follows:
1.
The Citizen's Complaint was filed on July 30, 2007 regarding,
inter alia
,
arsenic in the water wells which supplied Complainant's mobile home located in
Edgewood Terrace Mobile Home Park in Morton, Illinois.
2.
Respondent has replaced the well water supply to the Edgewood Terrace
Mobile Home Park with "city" water supplied by the Village of Morton, said project
having been completed in late February or early March 2009.
3.
On information and belief, the Agency, through the Attorney General's
Office, has informed the Complainant that the Respondent sufficiently complied with a
Electronic Filing - Received, Clerk's Office, April 30, 2009
2
Compliance Commitment Agreement between the Agency and the Respondent such that
no penalties will be sought by the Agency.
4.
Respondent's installation of the new water supply lines to the Edgewood
Terrace Mobile Home Park has resolved Complainant's primary concerns, and on
information and belief, has corrected the arsenic levels in the water supplied by
Respondent to her mobile home.
5.
Counsel for Complainant has informed the Respondent and the Hearing
Officer that this motion would be filed, and has heard no objection.
WHEREFORE, Complainant respectfully prays that this Board grant the Motion
for Voluntary Dismissal, dismiss the matter, close the docket, and for such other and
further relief as the Board deems just and proper.
Dated: April 30, 2009.
Respectfully submitted,
LORETTA THIGPEN, Complainant,
/s/ David L. Wentworth II
One of her Attorneys
David L. Wentworth II
Hasselberg, Williams, Grebe,
Snodgrass & Birdsall
124 SW Adams Street, Suite 360
Peoria, IL 61602-1320
Telephone: (309) 637-1400
Facsimile: (309) 637-1500
Electronic Filing - Received, Clerk's Office, April 30, 2009