V.
    BEFORE
    THE
    POLLUTION
    CONTROL
    BOARD
    OF THE STATE
    OF ILLINOIS
    ILLINOIS ENVIRONMENTAL
    PROTECTION
    AGENCY
    John
    Therriault,
    Assistant Clerk
    Illinois Pollution Control
    Board
    James R. Thompson Center
    100
    West Randolph Street
    Suite
    11-500
    Chicago, IL 60601
    Bradley P. Halloran
    Hearing Officer
    Illinois Pollution
    Control Board
    James
    R.
    Thompson
    Center
    100 West Randolph Street
    Suite 11-500
    Chicago,
    IL 60601
    Melanie Jarvis
    Assistant Counsel
    Special Assistant Attorney
    General
    Division
    of
    Legal Counsel
    1021 North Grand Avenue, East
    Springfield,
    Illinois 62794-9276
    PLEASE TAKE
    NOTICE that I have
    today filed with the office of the Clerk of the
    Pollution Control
    Board a MOTION FOR VOLUNTARY
    DISMISSAL,
    a
    copy of which
    is
    herewith served upon you by First-Class
    U.S. Mail, postage prepaid.
    Respectfully Submitted,
    One
    US Bank Plaza
    St. Louis, MO 63101
    314-552-6000
    FAX 314-552-7000
    CONOCOPHILLIPS COMPANY,
    Petitioner,
    PCB
    No.
    07-14
    (UST Appeal)
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    NOTICE
    Respondent.
    RECEVED
    CLERK’S
    OFFICE
    SEP
    02
    2009
    STATE
    OF
    ILUNOS
    PoUut
    Ion
    Contro’
    Board
    THOMPSON
    Bar #628
    8297
    Attorneys for Petitioner ConocoPhillips Company
    BEFORE
    THE
    POLLUTION
    CONTROL BOARD
    OF THE
    STATE
    OF ILLINOIS
    CONOCOPHILLIPS
    COMPANY,
    )
    )
    Petitioner,
    )
    )
    PCB
    No. 07-14
    v.
    )
    (USTAppeal)
    ERKS
    OFFICE
    PROTECTION
    ILLINOIS
    ENVIRONMENTALAGENCY
    ))
    SEP
    02
    STATE
    OFIL.LJNOIS
    Respondent.
    )
    Pollution
    Control
    Board
    MOTION
    FOR
    VOLUNTARY DISMISSAL
    NOW COMES
    the Petitioner,
    CONOCOPHILLIPS
    COMPANY
    (“COP”),
    by its
    attorneys
    Thompson
    Coburn LLP, and,
    pursuant to
    35 111. Admin. Code
    §
    101.500, hereby
    voluntarily
    moves the Illinois
    Pollution
    Control Board
    to dismiss the above-captioned
    matter.
    In
    support of this Motion,
    COP
    states as follows:
    1.
    On September
    1, 2006,
    COP filed its
    Petition for Review
    of Final Agency
    Leaking
    Underground
    Storage Tank
    Decision.
    2.
    Thereafter,
    COP
    and
    the Illinois Environmental
    Protection Agency (“IEPA”)
    worked
    to achieve
    an
    informal
    resolution
    of this
    matter.
    3.
    Representatives of
    COP and IEPA
    met to discuss
    this
    matter on several
    occasions
    and
    eventually
    reached
    a
    settlement agreement
    that
    fully and
    completely
    resolves
    all of
    the issues
    in dispute between the
    parties with
    respect to the instant
    appeal—i.e.,
    the
    appeal of IEPA’s
    July
    26,
    2006,
    rejection of COP’s
    corrective
    action plan
    budget.
    WHEREFORE,
    COP
    respectfully
    requests that
    the Illinois
    Pollution
    Control
    Board
    enter
    an order dismissing this
    action.
    Respectfully
    Submitted,
    Kellmeyer,
    yan Russell
    Kemper,
    One
    US Bank
    Plaza
    St. Louis, MO 63101
    -2-
    Bar #628
    8297
    314-552-6000
    FAX 314-552-7000
    Attorneys for Petitioner
    ConocoPhillips
    Company
    -3-
    CERTIFICATE
    OF
    SERVICE
    I hereby
    certify
    that on
    August 31,
    2009, I
    mailed
    the
    foregoing,
    via First-Class
    U.S.
    Mail,
    postage
    prepaid,
    to
    the Assistant
    Clerk
    of the
    Illinois
    Pollution
    Control
    Board
    and
    thereafter
    served
    copies
    on the
    following
    via First-Class
    U.S.
    Mail,
    postage
    prepaid:
    Melanie
    Jarvis
    Assistant
    Counsel
    Special
    Assistant
    Attorney
    General
    Division
    of
    Legal
    Counsel
    1021 North
    Grand
    Avenue,
    East
    Springfield,
    Illinois
    62794-9276
    Bradley
    P.
    Halloran
    Hearing
    Officer
    Illinois
    Pollution
    Control
    Board
    James R.
    Thompson
    Center
    100 West Randolph
    Street
    Suite
    11-500
    Chicago,
    IL
    60601
    E
    ard
    . Cohen,
    Ill. Bar
    #6
    12
    M.
    Kellmeyer,
    Ill.
    Ba
    4
    an Russell
    Kemper,
    Ill. ar
    #6288297
    One US
    Bank Plaza
    St. Louis,
    MO
    63101
    314-552-6000
    FAX
    314-552-7000
    Attorneys
    for Petitioner
    ConocoPhillips
    Company
    -4-

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