OFFICE
OF THE
ATTORNEY
STATE
OF
ILLINOIS
GENERAL
CLERK’S
OFFICE
OCT
14
2009
STATE
OF
ILLiNOIS
‘nh(utiofl
Control
Board
Lisa Madigan
ATTORNEY
GENERAL
October
9, 2009
Jchn T. Therriault,
Assistant
Clerk
Assistant
Clerk
of the
Board
Illinois
Pollution
Control Board
James R.
Thompson
Center, Ste.
11-500
100 West
Randolph
Chicago,
illinois
60601
Re:
People
v. Illinois
Valley
Paving
Co.,
Inc.
PCB
No. 09-40
Dear
Clerk:
Enclosed
for
filing
please
find
the original
and ten copies
of a
Notice of Filing
and
Motion
for
Voluntary Dismissal
of
Alleged Violations
of
Section
12(d) of the
Act in regard
to
the above-
captioned
matter.
Please
file
the
originals
and
return
file-stamped
copies to
me in
the enclosed
envelope.
Thank
you for your
cooperation
and
consideration.
SJJ/pj
k
Enclosures
Steph’n4.
Jriasie
Environmental
Bureau
500 South
Second
Street
Springfield,
Illinois
62706
(217) 782-9031
500 South
Second
Street, Springfield,
Illinois 62706
• (217)
782-1090
• TTY: (877)
844-5461
• Fax:
(217)
782-7046
100
West Randolph
Street, Chicago,
Illinois
60601
•
(312)
814-3000
• TTY:
(800)
964-3013
• Fax:
(312)
814-3806
Very truly
BEFORE
THE
ILLINOIS POLLU1ION CONTROL BOARD
PEOPLE OF THE STATE
OF ILLINOIS,
Complainant,
vs.
)
PCB
No.
09-40
)
(Enforcement)
ILLINOIS VALLEY PAVING
COMPANY,
)
INC.,
Respondent.
NOTICE
OF
FILING
CLER0
To:
Edward
R.
Gower
em-cE.
OF
Hinshaw & Culbertson
LLP
o0
jjio
contto1
Goal
400 S. Ninth Street,
Ste. 200
Springfield, IL 62701
PLEASE TAKE NOTICE
that on this date I mailed for filing with the
Clerk
of the Pollution
Control Board of the State of Illinois, a MOTION FOR VOLUNTARY DISMISSAL OF ALLEGED
VIOLATIONS OF SECTION 12(d) OF THE ACT, a copy of which is attached hereto and herewith
served upon you.
Respectfully
submitted,
PEOPLE
OF THE STATE OF ILLINOIS
LISA MADIGAN,
Attorney General of the
State of Illinois
MATTHEWJ. DUNN, Chief
Environmental EnforcemepftAsbestos
Litigation Di)
1
isi
2,7/
BY:________
S1Efl
J.4NASlE
Assift
At’6rney General
Environmental Bureau
500 South
Second
Street
Springfield, Illinois 62706
217/782-9031
Dated:
October 9, 2009
CERTIflCATE OF SERVICE
I hereby certify that I did on October
9,
2009,
send by
First Class Mail, with postage
thereon fully prepaid,
by
depositing
in a United States Post Office Box a true and correct
copy
of
the following instruments entitled NOTICE OF FILING and MOTION FOR VOLUNTARY
DISMISSAL OF ALLEGED VIOLATIONS
OF SECTION 12(d) OF
THE
ACT
To:
Edward R. Gower
Hinshaw
&
Culbertson LLP
400 S.
Ninth
Street, Ste. 200
Springfield, IL
62701
and
the
original and ten copies
by
First Class Mail with postage thereon fully prepaid of
the
same
foregoing
instrument(s):
To:
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board
James R. Thompson Center
Suite 11-500
100 West Randolph
Chicago,
Illinois 60601
A copy was
also
sent
by First Class Mail with postage thereon
fully prepaid to:
Carol Webb
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
Springfield, IL 62794
This filing
is
submitted on recycled paper.
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
PEOPLE
OF THE
STATE
OF
ILLINOIS,
Complainant,
)
CLERK’S
OFFICE
v.
)
PCB No.
0940
OCT
1
42009
ILLINOIS
VALLEY
PAVING
)
STATE
OF ILLINOIS
COMPANY,
INC.
)
Pollution
Control
Board
Respondent.
MOTION
FOR
VOLUNTARY
DISMISSAL
OF
ALLEGED
VIOLATIONS
OF SECTION
12(d)
Ufr-
THE
ACT
NOW
COMES
Complainant,
PEOPLE
OF THE
STATE
OF
ILLINOIS,
by
LISA
MADIGAN,
Attorney
General
of the
State of Illinois,
and
pursuant
to
Section
2-1009
of the
Illinois Code
of Civil
Procedure,
735 ILCS
5/2-1009
(1998),
moves
to
voluntarily
dismiss
without
prejudice
Count
II of this
action
against
Respondent,
ILLINOIS
VALLEY
PAVING,
INC.,
and
states as follows:
1.
Complainant
filed this
action to
seek
penalties
and compliance
for
violations
at
this
site
immediately
west
of Peoria.
2.
The
site
was
a temporary
concrete
batch
that has ceased
operations,
and
Respondent
has
entered
into
a
settlement
agreement
with
Complainant
for Counts
I
and
Ill of
the
Complaint
in
this action
that
includes
penalties
and
compliance.
3.
Complainant
has
elected to
withdraw
the
allegations
relating
to Section
12(d)
in light
of the
settlement
on
the other
violations.
1
WHEREFORE,
the
Complainant
prays
that
the
Board
enter an
order
of voluntary
dismissal
for
Count
II without
prejudice
in
this cause,
thus
leaving
the
remaining
Counts
I
and
Ill
in the
original
Complaint
as
Counts
and
Ii,
in
agreement
with
the
Stipulation
and
Proposal
for
Settlement
that
has been
entered
before
the Board.
Respectfully
submitted,
PEOPLE
OF
THE STATE
OF
ILLINOIS,
LISA
MADIGAN,
Attorney
General
of the
State
oiino.
MATTHEW
J.
DUNN,
Chief
Environmental
Enforcement/Asbestos
Litigation
Division
BY:_____________________
THOMAS
DAVIS,
Bureau
Chief
Assistant
Attorney
General
Environmental
Bureau
500
South
Second
Street
Springfield, Illinois
62706
217/782-9031
Dated:
October
8,
2009
2