ILLINOIS POLLUTION CONTROL BOARD

March 31,

1994

JAMES

RIVER PAPER COMPANY, INC.

)

)

Petitioner,

v.

)

PCB 92—112

(Permit Appeal)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

)

Respondent.

ORDER OF THE BOARD

(by M.

McFawn):

This matter is before the Board pursuant to James River

Paper Company’s

(James River) March 29,

1994 motion for voluntary

dismissal of its permit appeal.

The motion indicates that all

issues between the parties were resolved by the amendments to 35

Ill.

Adin.

Code Part 218, Subpart TT, which were adopted as part

of R93-9, the Omnibus Cleanup of the Volatile Organic Material

RACT Rules,

finalized September 9,

1993.

The Board notes that James River has requested that the

motion be granted 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 June 22,

1992,

a subsequent

petition for review would now be time barred.

The motion for voluntary dismissal is hereby granted.

IT IS SO ORDERED.

I, Dorothy N. Gunn, Clerk

of the Illinois Pollution Control

Board,

hereby certify that the above order was adopted on the

5/vi

day of

~7T)—~~

~-~.1J

,

1994, by a vote of

.~

-

/~-u~~7

~

Dorothy M. G~n, Clerk

Illinois P01

tion Control Board