REC~LVED

CLERK’S OFFV’~

JUL

2 22003

BEFORE THE ILLINOIS

/C~J~~d

POLLUTION CONTROL BOARD

~

~ ~)

Petition No.

AS 01~3

Motion for

Voluntary Dismissal

Pursuant

to

Title

35,

Chapter

1,

Part

101

of the Illinois

Administrative

Code,

Sections

101.500

and

504,

the Petitioner DeKaib

Sanitary District (hereinafter “DeKaib”) hereby moves

the Pollution

Control Board

to dismiss

the above-captioned petition.

The

basis

for the petition

has been mooted

by

the promulgation of revised rules

in

late

2003

that

establish

a

regulatory

procedure whereby

IEPA can modify water quality

criteria

and

associated

water quality-based

effluent

limits

for copper

and

other hardness-based metals

in discharge permits

based

upon the

use ofsite-specific dissolved metals translators.

Prior

to

that

rulemaking, permit

holders

seeking to

receive

such modified

criteria

and

associated

modified permit limits were required

to

submit a site-specific petition for an

adjusted

water quality standard to

the Board, relying upon recent U.S.

EPA’s guidance

issued to

all states

recommending that they permit the use of such site-specific translators.

The recent

rulemaking

dispenses with the need to

file such petitions.

Instead,

DeKaib

is working with

IEPA’s Division

ofWater

Pollution Control using

the newly revised rules and will submit a permit

modification

request to

the Division

in the very near future seeking the same relief that DeKalb was

seeking

via the filing of this petition.

In the matter of

DEKALB SANITARY DISTRICT,

303 Hollister Avenue

P.O. Box 624

DeKalb, Illinois 60115

Petitioner.

---

For the foregoing

reasons,

DeKaib

moves

the

Board

to

dismiss

this

petition.

DeKalb

appreciates

the cooperation of the IEPA,

its

counsel,

and

the Hearing

Officer in

resolving

the

issues raised in this petition.

Respectfully submitted,

j~4

Stephen

k

Haughey,

Esq.

(~

201

B. Fifth Street

2500 PNC

Center

Cincinnati, Ohio 45202

(513) 651-6127

Counsel for Petitioner

CERTIFICATE OF SERVICE

I hereby certify that a copy ofthe foregoing Motion for Voluntary Dismissal

was served

on Deborah Williams,

Assistant Counsel,

JEPA Division ofLegal

Counsel, by regular U.S.

mail

this ~

ofJuly 2003.

CinLibraiy/1 310607.1