ILLINOIS POLLUTION CONTROL BOARD
November 5, 2009
KCBX TERMINALS COMPANY,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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PCB 08-103
(Permit Appeal - Air)
ORDER OF THE BOARD (by T.E. Johnson):
On October 16, 2009, KCBX Terminals Company (KCBX) filed a motion to withdraw its
petition for review (Mot.) of a May 23, 2008 air permit determination of the Illinois
Environmental Protection Agency (Agency). The determination concerns KCBX’s bulk material
terminal located at 3259 East 100th Street in Chicago, Cook County.
In the motion to withdraw, KCBX states that on June 27, 2008, it filed a petition for
review of the “Construction Permit Grant - Operating Permit Denial - NSPS Source” issued to
KCBX by the Agency on May 23, 2008. Mot. at 1, 2. KCBX represents that after filing the
petition, representatives of KCBX and the Agency discussed the May 23, 2008 permit.
Id
. at 2.
KCBX further represents that on October 17, 2008, the Agency issued a “Construction Permit -
Revised,” which by its terms is only effective upon the withdrawal of this permit appeal.
Id
.
KCBX asks that the withdrawal “be effective as of the filing date of the Motion.”
Id
. The
Agency did not file any response to KCBX’s motion and therefore waives any objection to the
Board granting the motion.
See
35 Ill. Adm. Code 101.500(d). The Board grants KCBX’s
motion and closes the docket.
IT IS SO ORDERED.
I, John Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
Board adopted the above order on November 5, 2009, by a vote of 5-0.
___________________________________
John Therriault, Assistant Clerk
Illinois Pollution Control Board
