BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECEIVEDCLERK'S
OFFICE
PERFETTI VAN MELLE USA, INC.,
)
JUL 2 4 2006
Petitioner,
STATE OF ILLINOIS
)
Pollution Control Boaro
vs.
)
Case No
. PCB 02-215
ILLINOIS ENVIRONMENTAL
(Permit Appeal - Air)
PROTECTION AGENCY,
)
Respondent .
)
NOTICE OF FILING
PLEASE TAKE NOTICE that on this 20"' day of July 2006, a copy of the attached
Motion for Voluntary Withdrawal of Petition for Review of Permit Decision
was filed with the
Office of the Clerk of the Illinois Pollution Control Board, a copy of which is herewith served on
you.
Respectfully Submitted,
On behalf of PERFETTI VAN VELLE USA, INC .
By: Hinshaw & Culbertson LLP
HINSHAW & CULBERTSON LLP
456 Fulton Street, Suite 298
Peoria, IL 61602-1220
309-674-1025
This document utilized 100% recycled paper products
80220076v1 865430
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
R
CLERK'S
E C E
OFFICE
I V E D
PERFETTI VAN MELLE USA, INC .,
)
JUL 2 4 2006
Petitioner,
STATE OF ILLINOIS
)
Pollution Control Board
vs.
)
Case No
. PCB 02-215
ILLINOIS ENVIRONMENTAL
(Permit Appeal -
Air)
PROTECTION AGENCY,
)
Respondent .
)
MOTION FOR VOLUNTARY WITHDRAWAL
OF PETITION FOR REVIEW OF PERMIT DECISION
NOW COMES the Petitioner, PERFETTI VAN MELLE USA, INC.,
by and through its
attorneys, Hinshaw & Culbertson LLP, and submits its
Motion for Voluntary Withdrawal
of
Petition for Review
ofPermit
Decision .
In support of its Motion, Petitioner states :
On September 12, 2002, Petitioner, Perfetti Van Melle USA, Inc
., filed a Petition
for Review of a decision by the Illinois Environmental Protection Agency on May 7, 2002, to
deny Petitioner's application for an air permit for its former candy manufacturing facility located
in Buffalo Grove, Illinois
. On September 19, 2002, the Board issued an Order accepting the
Petition for hearing
.
2.
Counsel for Petitioner and Respondent have undertaken discussions to explore the
possibility of settlement
.
Those negotiations have proven successful and Petitioner and
Respondent have resolved the permitting and compliance issues involving the former Buffalo
Grove facility
. On July 6, 2006, the Board issued an Order approving a Stipulation and Proposal
for Settlement to resolve those permitting and compliance issues
. The Petitioner has terminated
operations at the former Buffalo Grove facility .
3.
Consequently, Petitioner has no reason to maintain the instant action contesting
the Respondent's May 7, 2002, decision to deny Petitioner's permit application
. Petitioner's
8022007 5 v1 865430
voluntary withdrawal of the
Petition for Review of Permit Decision
and termination of the instant
administrative proceedings would promote the interests of judicial economy
.
WHEREFORE, the Petitioner respectfully requests permission to voluntarily withdraw its
Petition for Review of Permit Decision
and effectively terminate the instant proceedings
.
Respectfully Submitted,
On behalf of PERFETTI VAN VELLE USA, INC
.
By
: Hinshaw & Culbertson LLP
HINSHAW & CULBERTSON LLP
456 Fulton Street, Suite 298
Peoria, IL 61602-1220
309-674-1025
This document utilized
100% recycled paper products
8 0220075 v1865430
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PERFETTI VAN MELLE USA, INC.,
Petitioner,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Dorothy M.
Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, IL 60601
Robb Layman, Esq.
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
Dated: July 20, 2006
HINSHAW & CULBERTSON LLP
456 Fulton Street, Suite 298
Peoria, IL 61602-1220
309-674-1025
Case No. PCB 02-215
(Permit Appeal - Air)
CERTIFICATE OF SERVICE
I, the undersigned, hereby certify that on this 20` h day of July 2006, I have served the
attached Motion for Voluntary Withdrawal of Petition for Review of Permit Decision, by
depositing same via First Class U .S . Mail with proper postage prepaid, upon the following
persons :
Honorable Bradley J
. Halloran
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, IL 60601
Respectfully Submitted,
On behalf of PERFETTI VAN VELLE USA, INC .
By: Hinshaw & Culbertson LLP
Jon S. al to
One of s Attorneys
This document utilized 100% recycled paper products
80212585x1 865430
