DEAN FOODS COMPANY,
V.
Petitioner,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
)
)
)
)
)
PCB 02-23
)
)
(Permit Appeal
-
Air)
)
)
)
CLERK’S
OFFICE
NOV
1
4
Z003
STATE OF ILLINOIS
Pollution
Control
Board
NOTICE OF FILING
Please
be
advised
that
on
November
12,
2003,
a
copy
of the
attached
Motion
for
Voluntary Dismissal ofPetition for Review was filed with the following persons:
Dorothy M.
Gunn, Clerk
Illinois
Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, IL
60601-32 18
Charles E. Matoesian
Assistant Counsel
-
Bureau ofAir
Division ofLegal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P. 0. Box
19276
Springfield, IL
62794-927
Dated:
November
12, 2003
Honorable Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
100
West Randolph Street, Suite 11-500
Chicago, IL
60601-32 18
Jon S. Faletto
Howard & Howard Attorneys, P.C.
One Technology Plaza, Suite 600
211
Fulton Street
Peoria,
IL
61602-1350
(309) 672-1483
(309) 672-1568 Fax
jen; g:\d\dean\foods\rockford\pldgs\notice of t~1ing
mot to dismiss_I 1-1 1-03.doc
ILLINOIS POLLUTION CONTROL BOARD
THIS FILING IS
SUBMITTED ON RECYCLED PAPER
CLERK’S
OFFICE
ILLINOIS POLLUTION CONTROL BOARD
NOV
1
4
2003
DEAN FOODS COMPANY,
)
STATE OF ILLINOIS
Pollution
Control
Board
Petitioner,
)
)
PCB 02-23
V.
)
)
(Permit Appeal
-
Air)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
MOTION FOR VOLUNTARY DISMISSAL
OF PETITION FOR REVIEW
NOW COMES the Petitioner, DEAN FOODS
COMPANY
(“Dean Foods”), pursuant to
Section
101.500 ofthe
General Rules ofthe Illinois Pollution Control Board
(35 Ill.
Adm.
Code
101.500),
and presents
this
Motion for Voluntary Dismissal of Petition
for Review (“Motion”).
In support ofits Motion, Petitioner states:
1.
On August 21,
2001, Dean Foods
filed a Petition for Review of certain terms and
conditions
contained
in
a
Lifetime
Operating Permit
issued
to
Petitioner’s
Rockford,
Illinois
facility by the Illinois Environmental Protection Agency (“IEPA”) on July
18, 2001.
2.
On
September
6,
2001,
the
Board
issued
an
Order
accepting
the
Petition
for
Review and authorizing a hearing in this proceeding.
3.
In accordance with recommendations made by the Hearing Officer, the Petitioner
and Respondent engaged in
settlement discussions to try to resolve this permit appeal proceeding
without the necessity for a hearing.
The Petitioner
and Respondent have reached
an
agreement
for settlement of this
case which
involves issuance of a Revised Lifetime
Operating Permit
for
the Petitioner’s facility.
THIS FILING IS
SUBMITTED ON RECYCLED
PAPER
4.
On October 29, 2003, the Respondent issued
a Revised Lifetime Operating Permit
for Petitioner’s Rockford, Illinois facility in accordance with the settlement agreement previously
reached
between
the
Parties.
The
Petitioner
has
reviewed
the
terms
and
conditions
of the
Revised Lifetime Operating Permit and is willing to abide by its terms and conditions.
5.
Since
the
issues
raised
in
the
Petition
for
Review
have
been resolved
by
the
Respondent’s
issuance
of
a
Revised
Lifetime
Operating
Permit,
the
Petitioner
respectfully
requests that its
Petition for Review be voluntarily dismissed because all matters
in controversy
in this proceeding have been fully resolved.
WHEREFORE, Petitioner respectfully requests that the Board grant
Petitioner’s
Motion
for Voluntary
Dismissal
of the
Petition
for Review
and
enter
an
Order
which
dismisses
the
Petition for Review, thus terminating this administrative proceeding.
Respectfully submitted,
DEAN FOODS
COMPANY
By:
_________
Jon
S. Faletto
Attorney for Petitioner
Howard & Howard Attorneys, P.C.
One Technology Plaza, Suite 600
211
Fulton Street
Peoria, IL
61602-1350
(309) 672-1483
g:\d\dean\foods\rockford\pldgs\motion_for_dismissal_1 1-11 -03.doc
THIS FILING IS SUBMITTED
ON RECYCLED PAPER
2
ILLINOIS POLLUTION CONTROL BOARD
DEAN FOODS
COMPANY,
)
)
Petitioner,
)
)
PCB 02-23
v.
)
)
(Permit Appeal
-
Air)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
CERTIFICATE OF
SERVICE
I, the undersigned, certif~ythat I have served the attached Motion for Voluntary Dismissal of
Petition
for Review,
by
depositing
same via
First-Class,
U.S.
Mail, with
proper
postage prepaid,
upon the following persons:
Dorothy M. Gunn, Clerk
Honorable Bradley J. Halloran
Illinois Pollution Control Board
Hearing Officer
100 WestRandolph, Suite 11-500
Illinois Pollution Control Board
Chicago, IL
60601
100 West Randolph, Suite 11-500
Chicago, IL
60601
Charles E. Matoesian
Assistant Counsel
-
Bureau ofAir
Division ofLegal Counsel
Illinois Env. Protection Agency
1021 North Grand Avenue East
P. 0. Box
19276
Springfield, IL
62794-9276
Dated:
November 12, 2003
Jon S. Faletto
Attorney for Petitioners
Howard & Howard Attorneys, P.C.
One Technology Plaza, Suite 600
211 Fulton Street
Peoria, IL
61602-1350
(309) 672-1483
jen;g:\d\dean\foods\rockford\pldgs\motion_for_dismissal_I 1.11 -03,doc
THIS FILING IS
SUBMITTED ON RECYCLED PAPER
3