BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECEIVED
CLERK'S OFFICE
NOVEON, INC.,
)
FEB
0
7 2007
Petitioner,
)
t
OFControl
Board
v.
)
PCB 07-36
(Air)
ILLINOIS ENVIRONMENTAL
)
(90-Day Extension)
PROTECTION AGENCY,
)
Respondent .
)
NOTICE OF FILING
To :
Sally A. Carter, Assistant Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East, P
.O. Box 19276
Springfield, IL 62794-9276
Please take notice that on February 7, 2007, the undersigned caused to be filed
with the Clerk of the Illinois Pollution Control Board the attached Motion to Dismiss, a
copy of which is herewith served upon you
.
By :
David L. Rieser
McGuireWoods LLP
77 West Wacker, Suite 4100
Chicago, IL 60601
Telephone : 312/849-8100
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
NOVEON, INC.,
)
Petitioner,
)
v .
)
PCB 07-36
(Air)
ILLINOIS ENVIRONMENTAL
)
(90-Day Extension)
Respondent .
)
PROTECTION AGENCY,
MOTION TO DISMISS
Petitioner, Noveon, Inc. ("Noveon"),
by and through its attorneys,
McGuireWoods LLP, and the Respondent, Illinois Environmental Protection Agency
("IEPA"), pursuant to Section 40(a)(1) of the Illinois Environmental Protection Act (415
ILCSS/40(a)(1)), respectfully requests the Illinois Pollution Control Board ("Board") to
dismiss the above proceeding . Per the continued discussions between the parties, the
IEPA issued a revised operating permit to Noveon on January 18, 2007
. Based on the
issuance of this permit, there is no basis to continue this appeal
. The IEPA has no
objection to dismissing this proceeding
.
WHEREFORE, for the reasons stated in this motion, the parties respectfully
request the Board to dismiss this proceeding
.
Dated : February
nk
2007
David L
. Rieser, Esq.
McGuireWoods LLP
77 West Wacker Drive
Suite 4100
Chicago, IL 60601
Telephone : 312/849-8100
\4420412 .1
CLERK 'S
OFFICE
FEB 0 7 2007
Pollution
STATE OF
Control
ILLINOIS
Board
CERTIFICATE OF SERVICE
I, David L. Rieser, hereby certify that I served a copy of Motion to Dismiss upon
those listed on the attached Notice of Filing on February 7, 2007
via First Class Mail,
postage prepaid .
David L . Rieser
V
McGuireWoods LLP
77 West Wacker, Suite 4100
Chicago, Illinois 60601
Telephone : 312/849-8100
\4420412 .1
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