1. NOTICE OF FILING
      2. CERTIFICATE OF SERVICE
RECEIVED
CLERK’S OFFICE
JUL09
2004
BEFORE THE ILLiNOIS POLLUTION CONTROL BOARD
STATE OF ILLINOIS
Pollution Control Board
iN THE MATTER OF:
)
)
AS-Ol-lO
PETITION OF PRAIRIE MATERIAL
)
(Adjusted Standard
-
Land)
SALES,
INC. FOR AN ADJUSTED
)
STANDARD FROM:
35
ILL. ADM. CODE
)
PARTS811&814
)
NOTICE OF FILING
PLEASE TAKE NOTICE that today we filed with the Clerk ofthe Illinois Pollution
Control Board Petitioner’s Motion to Voluntarily Withdraw its Petition for an
Adjusted Standard,
Without Prejudice.
Respectfully submitted,
~~LO
~U~-
Michael F. Dolan
Jane K. Murphy
JONES DAY
77
W. Wacker
Suite 3500
Chicago, Illinois
60601-1692
(312) 782-3939
Dated: July
8, 2004
CHI-1424837v2
CLERK’S OFFICE
JUL
09
2004
BEFORE THE ILLINOIS POLLUTION
CONTROL BOARD
STATE OF ILLINOIS
Pollution Control Board
IN THE MATTER OF:
)
)
AS-Ol-lO
PETITION OF
PRAIRIE MATERIAL
)
(Adjusted Standard
-
Land)
SALES, INC. FOR AN ADJUSTED
)
STANDARD FROM 35 ILL. ADM. CODE
)
PARTS811&814
)
PETITIONER’S MOTION TO
VOLUNTARILY WITHDRAW ITS PETITION
FOR AN ADJUSTED STANDARD, WITHOUT PREJUDICE
NOW COMES Prairie Material Sales, Inc.
(“Petitioner”), by and through its
attorneys,
and moves to withdraw its Petition for an Adjusted Standard.
In support ofits Motion, Petitioner
states:
1.
On September 27, 2000, the State of Illinois filed a Complaint against Petitioner
in the Circuit Court for the
15th
Judicial Circuit, Lee County, Illinois, Chancery Division (Case
No. 00-CH-68) seeking civil penalties and injunctive relief (the “Litigation”).
2.
On May 21, 2001, Petitioner filed a Petition for an Adjusted Standard From
35
Ill.
Admin. Code Parts 811
and 814.
3.
Petitioner believes that due to
the passage oftime, amendments and proposed
amendments to the Complaint in the Litigation and related discussions with Plaintiffs Counsel in
the Litigation, the Petition for an Adjusted
Standard is either stale or premature, and thus
unhelpful to the Board and the Parties in resolving the issues raised therein.
4.
The outcome ofthe Litigation will clarify Petitioner’s rights and responsibilities
under
35
Ill. Admin. Code Parts 811
and
814 and serve to inform both the Petitioner and the
State what, if any, standards under 35
Ill.
Admin.
Code Parts 811
and 814 must be adjusted by
the Board.
CHI-1424837v2
5.
Counsel for Petitioner conferred with Paul Jagiello, counsel for the Illinois
Environmental Protection Agency, on June 16, 2004.
Mr. Jagiello stated at that time that he had
no
objection to
the withdrawal ofthe Petition, without prejudice.
6.
Petitioner seeks to withdraw the Petition without prejudice, and reserves the right
to
file an amended
Petition for an Adjusted Standard at a later time.
WHEREFORE, Prairie respectfully requests that the Hearing Officer enter an order
granting Petitioner’s Motion
to Withdraw its
Petition for an Adjusted Standard, Without
Prejudice.
Respectfully submitted,
Michael F. Dolan
Jane K. Murphy
JONES DAY
77 W. Wacker
Suite 3500
Chicago, Illinois
60601-1692
(312) 782-3939
Dated: July 8, 2004
CFII-1424837v2
CERTIFICATE OF SERVICE
It is hereby certified that true copies ofthe foregoing Notice ofFiling and Motion to
Voluntarily Withdraw Petition Without Prejudice were mailed, first class, to each of the
following on July
8, 2004:
Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph Street, Suite 11-500
Chicago, Illinois
60601
Paul R. Jagiello, Assistant Counsel
Division ofLegal Counsel
Illinois Environmental Protection Agency
9511
W. Harrison Street
Des Plaines, Illinois
60016
Bernard J. Murphy
Assistant Attorney General
188 West Randolph, 20th Floor
Chicago, IL 60601
Jerry McNair
854 White Oaks Drive
Dixon,
Illinois
61021
Mark V. Gurnik, Assistant Counsel
Illinois Environmental Protection Agency
Division ofLegal Counsel
1021
North Grand Avenue East
P.O. Box
19276
Springfield, Illinois 62794-9276
Robert T. Lawley, ChiefLegal Counsel
Illinois Department ofNatural Resources
524 South
Second Street
Springfield, Illinois
62701-1787
Rebecca S. Lawrence
6 Sun Pointe Court
Bloomington,
iN 61704
It is hereby certified that a true copy ofthe foregoing was hand delivered to the following
on July 8, 2004:
Dorothy M. Gunn
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph Street
Suite 11-500
Chicago, Illinois
60601
Michael F.
Dolan
JONES DAY
77 W. Wacker
Suite 3500
Chicago, Illinois
60601-1692
(312) 782-3939
CHI-1424837v2

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