BEFORE THE ILLINOIS POLLUTION
CONTROL BOARD
LONE STAR INDUSTRIES, INC.,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
PCB 07-71
(Construction Permit Appeal)
NOTICE OF FILING
TO: Mr. John
T. Therriault
Assistant Clerk of the Board
Illinois Pollution Control Board
100 West Randolph Street
Suite
11-500
Chicago, Illinois 60601
(VIA
ELECTRONIC MAIL)
Carol Webb, Esq.
Illinois Pollution Control
Board
1021 North Grand
Avenue East
Post Office Box 19274
Springfield, Illinois 62794-9274
(VIA FIRST CLASS MAIL)
(SEE PERSONS ON
ATTACHED SERVICE LIST)
PLEASE TAKE NOTICE that I have today
filed with the Office of the Clerk of
the Illinois Pollution Control Board a MOTION
FOR VOLUNTARY DISMISSAL,
copies of which are
herewith served upon you.
Respectfully
submitted,
Dated: July 25,
2008
Katherine D. Hodge
Monica T. Rios
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois 62705-5776
(217) 523-4900
LONE STAR INDUSTRIES, INC.,
Petitioner,
By: /s/ Katherine D. Hodge
One of Its Attorneys
THIS FILING SUBMITTED
ON RECYCLED PAPER
Electronic Filing - Received, Clerk's Office, July 25, 2008
CERTIFICATE OF SERVICE
1, Katherine D. Hodge, the undersigned,
hereby certify that I have served the
attached MOTION FOR VOLUNTARY DISMISSAL upon:
Mr. John T. Therriault
Assistant Clerk of the Board
Illinois
Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
via electronic mail on
July 25, 2008; and upon:
Carol Webb, Esq.
Hearing Officer
Illinois Pollution Control Board
1021 North Grand
Avenue East
Post Office
Box 19274
Springfield,
Illinois 62794-9274
Robb H. Layman, Esq.
Assistant Counsel
Illinois Environmental Protection Agency
Division of Legal Counsel, MC #21
1021 North Grand Avenue East
Post Office Box 19276
Springfield,
Illinois 62794-9276
by depositing said documents in the United States
Mail, postage prepaid, in Springfield,
Illinois on July 25, 2008.
/s/ Katherine D. Hodge
Katherine D. Hodge
LONE:001/Fi1/PCB
07-71 COS-MTD
Electronic Filing - Received, Clerk's Office, July 25, 2008
BEFORE THE ILLINOIS
POLLUTION CONTROL BOARD
LONE STAR INDUSTRIES,
INC.,
)
Petitioner,
)
VS.
)
PCB 07-71
(Construction
Permit Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION
AGENCY,
)
Respondent.
)
MOTION FOR VOLUNTARY
DISMISSAL
NOW COMES Petitioner, LONE
STAR INDUSTRIES, INC., d/b/a
Buzzi
Unicem USA (hereinafter
"Petitioner"), by and through
its attorneys, HODGE DWYER
ZEMAN,
pursuant to 35 Ill. Admin. Code ยง 101.500,
and moves the Illinois Pollution
Control
Board ("Board") to voluntarily
dismiss this action. In support
of this Motion,
Petitioner states as
follows:
1.
On January 29, 2007, Petitioner
filed a Petition for Review
of the revised
construction permit (No.
06030057) granted to Petitioner
by the Illinois Environmental
Protection
Agency ("Agency") on December
22, 2006. In its Petition,
Petitioner
appealed the inclusion of permit
conditions that it contends
are not required by the
Illinois Environmental
Protection Act ("Act")
or regulations promulgated thereunder
and
are not
necessary to correct, detect, or prevent
noncompliance with
the Act or regulations.
2.
On July 17,
2008, following settlement
discussions between the parties,
the Agency
issued a revised construction permit.
The issuance of this construction
permit
resolves the above-referenced
appeal.
Electronic Filing - Received, Clerk's Office, July 25, 2008
3.
As all issues between the parties have been resolved, Petitioner requests
that the Board grant this
Motion for Voluntary Dismissal and dismiss this appeal.
WHEREFORE, Petitioner, LONE STAR INDUSTRIES, INC., d/b/a Buzzi
Unicem USA, respectfully requests that the
Illinois Pollution Control Board enter an
Order
dismissing this action.
Respectfully submitted,
LONE STAR INDUSTRIES, INC.,
Petitioner,
By: /s/ Katherine
D. Hodge
One of Its Attorneys
Dated: July 25, 2008
Katherine D. Hodge
Monica T. Rios
HODGE
DWYER ZEMAN
3150
Roland Avenue
Post Office Box 5776
Springfield, Illinois 62705-5776
(217) 523-4900
L ONE:001/Fil/PCB07-71
Motion for Voluntary Dismassal
Electronic Filing - Received, Clerk's Office, July 25, 2008