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BEFORE THE ILLINOIS
POLLUTION CONTROL BOAR~I~CEJVED
OF THE STATE OF ILLINOIS
CLERK’S OFF!C~
MAY
.1
3
2003
STATE OF ILUNOIS
Pollution
Control
Board
To:
Dorothy Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, Illinois
60601
Fred C. Prillaman
Mohan, Alewelt, Prillainan & Adami
1 North Old Capital Plaza, Suite 325
Springfield,
Illinois
62701-1323
Bradley P. Halloran
Hearing Officer
James R. Thompson Center
100
West Randolph
Street, Suite
11-500
Chicago, Illinois
60601
PLEASE
TAKE
NOTICE
that Ihave today
flied with the Office ofthe Clerk of
the Illinois Pollution Control Board an original
(1) and nine (9) copies of a
MOTION TO WITJM&AW
PENDING
MOTION FOR
RECONSIDERATION of the Respondent, Illinois
EnvironmentaJ~
Protection
Agency, a copy ofwhich is herewith served
upon the
Hearing
Officer and
the
attorney for the Petitioner, North Shore Sanitary District.
Dated: May 13, 2003
Illinois Environmental Protection Agency
1021
North Grand Avenue East
P.O.Box
19276
Springfield, Illinois 62794-9276
(217)524-9137
Respectfully submitted
by,
Robb
H. Layman
/
Special Assistant Attorney General
NORTH SHORE SANITARY DISTRICT,
)
)
Petitioner,
)
)
PCBNo.03-146
v.
)
(Permit Appeal)
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
NOTICE
MHY—1~—~&i-~15:5~
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
NORTH SHORE SANITARY DISTRICT,
)
)
Petitioner,
)
)
PCB No. 03-146
V.
)
(Permit Appeal)
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
MOTION
TO
WITHDRAW PENDJ~
MOTION
FOR
RJE~CONSIDERATION
NOW COMES the Respondent,
the ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY (“Illinois EPA”), by and through its attorneys, and moves the
Illinois Pollution Control Board (“Board”) to withdraw the pending MotIon for
Reconsideration that was previously filed by the Respondent in the above-captioned
matter.
1.
The Board issued a ruling granting the Petitioner, NORTH SHORE SANITARY
DISTRICT, a stayofthe effectiveness ofa construction permit relating to
this proceeding
on March 20, 2003.
2.
The Illinois EPA filed a Motion for Reconsideration ofthe Board’s ruling on
April 24,
2003.
3.
On May 13, 2003, the Petitioner informedthe Illinois EPA that thepermit appeal
would be voluntarilydismissed and that the Petitionerwould seek to have the scheduled
May
15,
2003, hearing cancelled.
Petitioner’s attorney indicated that papers seeking the
samewould be fliedwith the Board on this date, a copyof which was received by the
Respondent at the time ofthis filing.
Mk—l~—~U~L315: 55
~
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4.
In view of thePetitioner’s voluntary dismissal ofthe appeal and in
the interests of
the Board’s judicial
economy, the Illinois
EPA will
formally withdraw
its pending
Motion for Reconsideration.
5.
The attorney for the Petitionerhas expressed no opposition to this
Motion.
W~HEREFORE,
the Illinois EPA
respectfully moves for the withdrawal of the
Motion for Reconsideration or for any otherrelief that the Board
may deem appropriate.
Respectfully submitted by,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Robb H. Layman
Special Assistant Attorney General
May 13, 2003
Illinois Environmental Protection
Agency
1021
North Grand Avenue East
P.O. Box
19276
Springfield, Illinois 62794-9276
(217)524-9137
This filing
is
submitted on recycled paper.
2
MR~—13--2nO3
15:55
21778258~
cERIIIFIcATE
OF
SERVICE
I hereby c~i~
that on the l4~’
day
of
May, 2003, I did send, by First Class Mail
with postage thereon fully paid and deposited into the possession ofthe United States
Postal Service, one (1) original and nine
(9)
copies ofthe followIng.Instrument entitled
MOTION
TO WITHDRAW FENDING MOTION FOR
RECONSIDERATION
to:
Dorothy Gunn, Clerk
Illinois Pollution
Control Board
James R. Thompson
Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois
60601
and a true and
correct copy ofthe same foregoing instrument, by First Class Mail with
postage thereon fullypaid and
deposited into the possession of the United States Postal
Service, to:
BradleyP. Halloran
HearingOfficer
James
R; Thompson
Center
100 WestRandolph Street,
Suite
11-500
Chicago, illinois
60601
By order of
the
Hearing Qfficer,
leave
was also granted
for filing by facsimile and,
therefore, a true and correct
copy ofthe
same was faxed
to
each of
the
afore-mentioned
persons on May 13, 2003.
This filing is submitted on recycled paper.
P.
t~I5
Fred
C.
Prillaxnan
Moh.an, Alewelt, Prillanian
& Adami
I
North
Old Capital Plaza, Suite 325
Springfield,
Illinois
6270 1-1323
Robb H.
Layman
Special Assistant Attorney General
TOTAL
P.05
~M~—1~-20a3
15:55
~l’((~*~dr
H. Ui
ILLINOIS ENVIRONMENTAL PROT ECTION AGENCY
DIVISION OF
LEGAL
COUNSEL
1021
NORTH GRA1’~D
AVENUE EAST, POST
OFFICE BOX
19276
SPR~GF~LD,
1L~OIS
62794-9276
TELEPHONE (2 17)782-5544~FACSfl~..E
(21 7)782-~Q7
DATE:
______
FACSIMILE
TPANSMITTAJJ SKEET
PLEASE DELIVER THE FOLLOWING
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TO:
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Re:
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COMMENTS:
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THANK YQU,
IL
532
2624
ADM2I4
Feb-99
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