ILLINOIS POLLUTION CONTROL BOARD
    February 16,
    1995
    NICHOLS ALUMINUM,
    )
    )
    Petitioner,
    )
    v.
    )
    PCB 94—85
    )
    (Permit Appeal
    -
    Air)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    ORDER OF THE BOARD
    (by N. McFawn):
    This matter is before the Board pursuant to a December 30,
    1994 voluntary withdrawal of permit appeal filed by Nichols
    Aluminum (Nichols).
    The following additional filings were then
    received: the Illinois Environmental Protection Agency (Agency)
    filed
    a response to the motion on January 10,
    1995; Nichols filed
    a reply on January 23,
    1995; the Agency filed a motion to strike
    reply on January 30,
    1995;
    and Nichols filed a response to the
    motion to strike reply on January 31,
    1995.
    In its motion for voluntary withdrawal,
    Nichols requests
    that the motion be granted without prejudice.
    The subsequent
    filings all address the issue of whether the motion should be
    granted with or without prejudice.
    However, under Section 40
    of the Environmental Protection Act (415 ILCS 5/40(1992)),
    a
    permit appeal must be filed within 35 days of the permit denial.
    Since the permit denial was issued February 4,
    1994,
    a subsequent
    petition for review would now be time barred.
    The motion for voluntary dismissal is hereby granted and
    this docket is closed.
    IT IS SO ORDERED.
    I, Dorothy N. Gunn,
    Clerk of the Illinois Pollution Control
    Boaçd, hereby certif
    hat the above order was adopted on the
    ~
    day of
    _________________,
    1995,
    by a vote of
    7
    ~°
    Ill
    Control Board

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