ILLINOIS POLLUTION CONTROL BOARD
    December 2, 2004
     
    ROCK ROAD COMPANIES, INC.,
     
    Petitioner,
     
    v.
     
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
     
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
     
     
     
     
    PCB 05-54
    (Permit Appeal - Air)
     
    ORDER OF THE BOARD (by A.S. Moore):
     
    On October 20, 2004, respondent, the Illinois Environmental Protection Agency
    (Agency), filed a motion to dismiss this air permit appeal concerning an asphalt plant located at
    801 Beale Court in Rockford, Winnebago County. Petitioner, Rock Road Companies, Inc. (Rock
    Road), received several extensions of time to file a response to the Agency’s motion, but never
    filed a response. On November 23, 2004, Rock Road filed a Withdrawal of Permit Appeal
    (Withdrawal), stating that the company “stipulates that this Permit Appeal is permanently
    withdrawn, not to be refiled.” Withdrawal at 1. The Board construes Rock Road’s Withdrawal
    as a motion to voluntarily dismiss this air permit appeal with prejudice, which the Board grants.
    The Board therefore finds the Agency’s motion moot and closes the docket.
     
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on December 2, 2004, by a vote of 5-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

    Back to top