1. MOTION TO WITHDRAW PERMIT APPEAL
      2. CERTIFICATE OF SERVICE
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LA
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ILLINOIS POLLUTION CONTROL BOARD
CLERK’S
OFFJC
ARCHER DANIELS MIDLAND COMPANY,
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SEP2~2003
Petitioner,
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STATE
OF
ILLINQI
v.
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PCB
92-109
°
‘Utlon Control Board
)
(Permit Appeal
—
Air)
ILLINOIS ENVIRONMENTAL
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PROTECTION AGENCY,
)
)
Respondent.
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MOTION TO WITHDRAW PERMIT APPEAL
Archer Daniels Midland Company (ADM), through its Corporate Environmental
Counsel, hereby moves to withdraw its permit appeal
filed in this matter and in support
thereofstates as follows:
1.
This matter involves the appeal ofcertainpermit
conditions relating to a
product dryer and related pollution control equipment at ADM’s Decatur Corn
Plant;
2.
Since the filing ofthis appeal, the equipment at issue in this appeal has been
the subject of a federal enforcement action
(US.A., et al v. ADM,
Civil Action
No. 03-2066, known as the National Initiative) by various governmental
entities which was concluded through the entry ofa Consent Decree on
August 2 1,2003;
3.
ADM’s understanding and belief is that with the entry ofthe Consent Decree
concluding the Federal National Initiative, the issues forming the basis ofthis
appeal have been rendered moot superseded by the terms and conditions ofthe
Consent Decree and that ADM has been released from any past emission
violations;
4.
Thus, there is no reason to pursue this appeal now that the Decree has been
entered in the National Initiative;
and
5.
Illinois EPA has authorized ADM to represent to
the Board that Illinois EPA
has reviewed this Motion, concurs with the substance ofthe Motion, and does
not intend to file a separate response.
WHEREFORE, for the reasons set
forth above, ADM respectfully requests
the Board
to,
grant this Motion to
Withdraw Permit Appeal.
Respectfully Submitted,
By:~
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Lee R.
Cunningham
c—’
Corporate Environmental Counsel
Archer Daniels Midland Company
CERTIFICATE OF SERVICE
It is hereby certified that true copies ofthe foregoing Motion to Withdraw Permit
Appeal were mailed, first class,
to each ofthe following on September 23, 2003:
Carol Sudman
Hearing Officer
Illinois Pollution Control Board
600
5.
Second Street, Suite 402
Springfield, IL
62704
Roy M. Harsch
Gardner, Carton & Douglas
191
N. Wacker Drive
Suite 3700
Chicago, IL
60606-1698
Dennis E. Brown, Assistant Counsel
IEPA, Division of Legal Counsel
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL
62794-9276
It is hereby certified that an original and ten copies ofthe foregoing Motion to
Withdraw Permit Appeal was mailed regular U.S. mail to the following on September 23,
2003:
Dorothy M. Gunn
Illinois Pollution
Control Board
James R.
Thompson Center
100 W. Randolph Street, Suite 11-500
Chicago, IL
60601
Lee R. Cunningham
Corporate Environmental Counsel
Archer Daniels Midland Company
4666 Faries
Parkway
Decatur, IL
62526
(217) 451-4883

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