IIFFORI; THE ILLINOIS POLLUTION CONTROL BOARD
RECEIVED
CLERK'S
OFFICE
K.A. STEEL CHEMICAI, INC .
)
MAR
0
2
2007
Petitioner,
STATE OF ILLINOIS
)
Pollution Control Board
v .
)
PC13 07-9
(NPDES Permit Appeal-Water)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent .
)
NOTICE, OF FILING
'I o
:
Sanjay Sofat. Esq .
Assistant Counsel, Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue Fast
Post Office Box 19276
Springfield, Illinois 62794-9276
PLEASE 'IAKF
. NOTICF that K
.A
. Steel Chemicals Inc. has today filed with the
Office of the Clerk of the Illinois Pollution Control Board the attached Motion to Dismiss
the Petition for NPDES Permit Appeal of 'K
.,/\ Steel Chemicals Inc ., a copy of which is
hereby served upon you .
Dated :
February 28, 2007
KA STEEL CHEMICAL S INC
.
By Its Attor ey Maureen Martin
Illinois ARDC' No . 6181 1033
Maureen Martin
The Martin Law Firm
W3643 Judy Lane
Green Lake, Wisconsin 54941
Telephone
: (920) 2_95-6032
facsimile
: (920) 295-6132
THIS FILING SU113MII' flil ON RECYCLED PAPER
K.A . STEEL CHEMICALS INC .
Petitioner,
V
.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECEIVEDCLERK'S
OFFICE
MAR 0 2 2007
STATE OF ILLINOIS
PCB 07-9
Pollution Control Board
(NPI)ES Permit Appeal-Water)
1
MOTION TO DISMISS K.A . STEEL CHEMICAL INC.S PETITION FOR NPDES PERMIT
APPEAL
Petitioner K .A. Steel Chemicals Inc
. ("K .A. Steel"), by its undersigned counsel, moves the
Illinois Pollution Control Board (the "Board") to dismiss the above-captioned Petition for NPDIJS
Permit Appeal oFK .A. Steel Chemicals Inc . (the "Petition") . In support ot'this motion, K
. A . Steel
states as follows :
On August 4
. 1988, the Illinois Environmental Protection Agency ("ILPA")
issued an NPDES permit to K.A
. Steel ("1988 Permit'), a true and correct copy of which is
attached to the petition
.
2 .
On or about August 16, 2005, IEPA published a draft NPDES permit for K
.A.
Steel
. a true and correct copy of which is attached to the Petition
.
3 .
By letter dated April 11, 2006, K
.A . Steel submitted a proposed modification
of this permit
.
4. By letter dated June 29
. 2006, received by K.A
. Steel on July 18
. 2006
. I
;PA
issued a "final" NPDES permit effective July I, 2006 ("2006 Permit'), a true and correct
copy of which is attached to the petition
. IFPA informed K.A
. Steel that this permit was
issued, and the modification overlooked, due to a "mix-up" at the agency
. IFPA was not
able to review the proposed modification prior to the effective date ofthc 2006 Permit
.
'IIIIS FILING IS SUBMIT FFI) ON RLCYCI
.EI) PAPI!R
Therefore, K
. A
. Steel filed its Petition . Simultaneously
. by separate motion,
K . A . Steel moved the Board to stay proceedings on the Petition pending discussions wilh
[EPA regarding issuance ofa modified permit .
6 .
Those discussions have now taken place, and the parties have agreed on final
permit terms
. IFPA gave public notice of the proposed issuance of this permit and solicited
public comment .
7 .
The public comment period expired on February 22, 2007
. Counsel for II?,PA
advised counsel for K .A . Steel that no public comments were received .
8 .
Counsel for IFPA has advised counsel for K .A
. Steel that the agreed permit
will be issued to K .A . Steel upon dismissal of the Petition .
THEREFORE, KA Steel respectfully requests that the Board dismiss the Petition For
NPDES Permit Appeal of K .A
. Steel Chemicals Inc .
Dated :
February 28, 2007
Respectfully submitted,
K .A . STLEL CHEMICALS INC
.
By Its Attorney Maureen Martin
Illinois ARDC No
. 6181 1033
Maureen Martin
the Martin Law Firm
W3643 Judy Lane
Green Lake, Wisconsin 54941
Telephone
: (920) 295-6032
THIS FILING IS SUBMIT I'h:D
ON RECYCLED PAPER
CERTIFICATE OF SERVICE
1, the undersigned, cernly that I served the attached Motion to Dismiss the Petition for
NPDF:S Permit Appeal of K .A
. Steel Chemicals Inc . by Jolted States First Class Mail upon
:
Sonjay Sofat, Esq .
Assistant Counsel, Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue Fast
Post Office Box 19276
Springfield. Illinois 62794-9276
on this 28 °i day of February, 2007 .
Maureen Martin
Illinois ARDC No . 618110,3
I'HIS FILING IS SUBMI'FIED ON REC'YC_7TD PAPER
