ILLINOIS POLLUTION CONTROL BOARD
    February
    2,
    1989
    CERRO COPPER PRODUCTS COMPANY,
    )
    )
    Petitioner,
    V.
    )
    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

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