RE
C
EIVED'S
OFFICE
MAR 1 3 200?
BEFORE THE ILLINOIS
THE STATE
POLLUTION
OF ILLINOISCONTROL
BOARDDIQf6n
Control
Board
CITY OF GENEVA
)
Petitioner,
)
v.
)
PCB 2007-039
NPDES Permit Appeal
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY
)
Respondent
)
NOTICE OF FILING
TO:
Clerk, Illinois Pollution Control Board
Sonjay Sofat
State of Illinois Center
Illinois Environmental Protection Agency
100 West Randolph Street
1021 N
. Grand Avenue East
Suite 11-500
Springfield, IL 62794-9276
Chicago, IL 60601
PLEASE TAKE NOTICE
that on Tuesday, March 13, 2007, we filed the attached
Motion to Withdraw Petition for NPDES Permit Appeal
with the Clerk of the Illinois
Pollution Control Board, a copy of which is herewith served upon you
.
Respectfully submitted,
THE CITY OF GENEVA
By:
Roy M . Harsch
DRINKER BIDDLE GARDNER CARTON
191 North Wacker Drive
- Suite 3700
Chicago, Illinois 60606
(T) (312) 569-1441
(F) (312) 569-3441
One of Its Attorneys
THIS FILING IS SUBMITTED ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
THE STATE OF ILLINOIS
CITY OF GENEVA
)
Petitioner,
)
v.
)
PCB 2007-039
NPDES Permit Appeal
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY
)
Respondent
)
MOTION TO WITHDRAW THE PETITION FOR NPDES PERMIT APPEAL
The City of Geneva ("City"), by its attorneys Drinker Biddle Gardner Carton petitions the
Illinois Pollution Control Board ("Board") to allow the City to withdraw the above captioned
matter
. In support, the City states as follows :
I .
On October 13, 2006, the Illinois EPA issued final NPDES Permit No
. IL0020087
("Permit") for the City's Wastewater Treatment Plant ("Plant")
. At the request of the City, the
Illinois EPA submitted a request for an extension of the appeal period for 90 days to allow
discussion and potential resolution of concerns that the City had with its ability to meet permit
conditions governing dissolved oxygen and copper limitations
. By Order dated December 7, 2006,
the Board granted the extension through February 15, 2007
. On February 14, 2007 the City filed it
formal NPDES Permit Appeal
.
2 .
During negotiations between the City and the IEPA it was agreed that the IEPA
would agree to propose a modification of NPDES Permit No
. IL0020087 . Following the closure
of the Public Comment Period, the IEPA informed the City that it is prepared to issue the agreed
upon modified NPDES Permit No
. IL0020087 after the filing of this Motion to Withdraw the
Petition by the City
.
RECEIVED
MAR 1 3 2007
TE OF ILLINOIS
ion Control Board
2
3 .
Because the agreed upon modified NPDES Permit resolves all of the issues
presented in this proceeding, the City does not have any reason to proceed with this appeal .
WHEREFORE, the City respectfully requests the Board to allow the City to withdraw this
NPDES Permit Appeal for the reasons set forth herein .
Respectfully submitted,
CITY OF GENEVA
One of Its
W"Attorneys
Roy M. Harsch
DRINKER BIDDLE GARDNER CARTON
191 North Wacker Drive
- Suite 3700
Chicago, Illinois 60606
(T) (312) 569-1441
(F) (312) 569-3441
3
01101/ 12504640.1
CERTIFICATE OF SERVICE
The undersigned certifies that a copy of the foregoing Notice of Filing and
Motion to Withdraw the Petition for NPDES Permit Appeal was filed by
electronically with the Clerk of the Illinois Pollution Control Board and served upon
the parties to whom said Notice is directed by first class mail, postage prepaid, by
depositing in the U.S . Mail at 191 N
. Wacker Drive - Suite 3700, Chicago, IL 60606
on Tuesday, March 13, 2007 .
Roy M
. Harsch
4
