ILLINOIS POLLUTION CONTROL BOARD

October

20,

1988

ILLINOIS POWER COMPANY

(Havana Station),

Petitioner,

PCB 88—111

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent..

ORDER OF THE BOARD

(by

B..

Forcade):

On October

7, 1988,

Illinois Power Company

(“IPC”)

filed

a

motion

to withdraw a permit appeal without prejudice..

IPC’s

right

to appeal this permit expired

35 days after

the permit

issuance date

of June 17,

1988

Since

today’s date

is more than

35 days

after June

17,

1988,

today’s dismissal must,

in effect,

be

a dismissal with prejudice..

The motion

is granted and this

matter

is dismissed..

IT IS SO ORDERED

I,

Dorothy M.

Gunn,

Clerk of the Illinois Pollution Control

Board, hereby certify

t)~atthe above Order was adopted on

the

~

day of

______________________,

1988,

by a vote

of

________

Ill

liution Control Board

93—221