ILLINOIS POLLUTION CONTROL BOARD
    April 6, 2000
    HERITAGE ENVIRONMENTAL SERVICE
    INC.
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 96-146
    (Permit Appeal - RCRA)
    ORDER OF THE BOARD (by G.T. Girard):
    On March 17, 2000, the Illinois Environmental Protection Agency (Agency) filed a
    motion to dismiss this permit appeal. The petitioner responded to the motion on March 28,
    2000.
    The Agency, in its motion, concedes that “Special conditions (B)(10) and (B)(11) and
    Attachments 1, 2, & 3 of Section VI (Special Conditions) of the RCRA Part B Permit” should
    be removed. The Agency maintains that the removal of these conditions would “essentially be
    the relief sought” by petitioner. Therefore the Agency asks that the Board enter an order
    dismissing the permit appeal and either: 1) require the Agency to remove the conditions from
    the RCRA Part B permit upon petitioner filing of an application to modify the permit; or 2)
    require the Agency to simply strike the conditions.
    The petitioner urges the Board to require the Agency to simply strike the conditions.
    The Board has reviewed the petition for review filed on December 28, 1995, and the
    Board agrees with the Agency and the petitioner. The removal of the conditions will grant the
    relief requested by the petitioner. Therefore, the Board will grant the motion to dismiss and
    directs the Agency to strike “Special conditions (B)(10) and (B)(11) and Attachments 1, 2, & 3
    of Section VI (Special Conditions) of the RCRA Part B Permit.”
    IT IS SO ORDERED.
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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the 6th day of April 2000, by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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