ILLINOIS POLLUTION CONTROL BOARD

February

2,

1989

CERRO COPPER PRODUCTS COMPANY,

)

Petitioner,

)

 PCB 88—152

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

)

ORDER OF THE BOARD

(by

3.

 Marlin):

On January 19,

 1989,

 Cerro Copper Products Company (Cerro)

filed

 a Motion

 to Dismiss its own appeal of certain permit

conditions.

 For support of the motion, Cerro asserts first

 that

the Illinois Environmental Protection Agency (Agency)

 and Cerro

have resolved certain issues

 in this matter.

 Secondly, Cerro

states that the Agency sent Cerro

 a letter “waiving the

applicability of 35

 Ill. Adm. Code 201.162”.

 A copy of the

letter

 inadvertantly left off the motion was filed by Cerro on

February

1,

 1989.

 The motion concludes by stating:

If

the

 Board

 concludes

 that

the

 Agency’s

waiver letter

 is sufficient

 to protect

 Cerro

from enforcement

for

 failure

to

 comply

 with

35

 Ill.

 Adm.

 Code

 201.162,

 Cerro

 hereby

requests the Board

 to dismiss this matter.

The Board takes no position as to whether

 the Agency’s

letter

 is sufficient

 to protect Cerro from enforcement of Section

201.162.

 Cerro’s motion is granted, and this matter

is

dismissed.

Section

 41 of the Environmental Protection Act,

 Ill. Rev.

Stat.

 1985 ch.

~

 l/~ par.

 1041,

 provides for appeal

 of final

Orders of the Board within

 35 days.

 The Rules of the Supreme

Court of

 Illinois establish filing requirements.

IT

 IS SO ORDERED.

I, Dorothy M. Gunn,

 Clerk

 of the

 Illinois Pollution Control

Board,

 hereby certify that the above Order was adopted on

the

~

 day of

~

 1989,

by

 a vote

of

7—0

96—23