NIELSEN & BAINBRIDGE, LLC,
)
)
Petitioner,
)
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
)
)
Respondent.
)
PCB 03-98
(CAAPP Permit Appeal)
REC~JVED
CLERK’S OFFICE
AUG
04 2O~4
STATE OF ILLII\IOIS
POII~tj~~Control Board
NOTICE OF FILING
TO:
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
Suite 11-500
100 W. Randolph Street
Chicago, Illinois 60601
Bradley P. Halloran, Esq.
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
Suite 11-500
100 W. Randolph Street
Chicago, Illinois 60601
(PERSONS ON ATTACHED SERVICE LIST)
PLEASE TAKE NOTICE that I have today filed with the Office ofthe Clerk of
the Illinois Pollution Control Board an original and nine copies ofa
MOTION FOR
VOLUNTARY
DISMISSAL a copy ofwhich is herewith served upon you.
Respectfully submitted,
NIELSEN & BAJNBRIDGE, LLC,
Dated: August 2, 2004
Katherine D. Hodge
N. LaDonna Driver
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box
5776
Springfield, Illinois
62705-5776
(217) 523-4900
Petitioner,
By:
One ofIts Attorneys
BEFORE THE ILLiNOIS POLLUTION CONTROL BOARD
V.
)
)
)
)
THIS FILING SUBMITTED ON RECYCLED PAPER
CERTIFICATE OF SERVICE
I, Katherine D. Hodge, the undersigned, hereby certify that I have served the
attached MOTION FOR VOLUNTARY DISMISSAL upon:
Ms. Dorothy M. Gunn
Clerk ofthe Board
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
Robb Layman
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Post Office Box 19276
Springfield, Illinois 62794-9276
BradleyP. Halloran, Esq.
Hearing Officer
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
by depositing said documents in the United States Mail, postage prepaid, in Springfield,
Illinois on August 2, 2004.
atherine D. Hodge
NIBA:OO1/FiL/NOF-COS
—
Motion for Voluntaiy Dismissal
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
NIELSEN & BAINBRIDGE, LLC,
)
AUG 042004
Petitioner,
)
Pollution
STATE OF
Control
ILUNOIS
Board
v.
)
PCB03-98
)
(CAAPP Permit Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
MOTION FOR VOLUNTARY DISMISSAL
NOW COMES, Petitioner, NIELSEN
&
BAINBRIDGE,
LLC
(hereinafter
“Nielsen & Bainbridge” or “Petitioner”), by and through its attorneys, HODGE DWYER
ZEMAN, and pursuant to 35 Ill. Admin. Code
§
101.500, moves the Illinois Pollution
Control Board (“Board”) to voluntarily dismiss this action. In support of this Motion,
Petitioner states as follows:
1.
On January 7, 2003, Petitioner filed a Petition for Review of the Clean Air
Act Permit Program (“CAAPP”) permit granted to Nielsen & Bainbridge by the Illinois
Environmental Protection Agency (“Illinois EPA”) on December 3, 2002.
2.
Thereafter, Petitioner and Illinois EPA engaged in settlement discussions
during this time.
3.
On August
5,
2003, Illinois EPA issued Nielsen & Bainbridge a
Construction Permit (Application No.: 03070065) that allowed the Petitioner to move its
operations to a new location at 7830 West 71st Street, Bridgeview, Illinois.
4.
Nielsen & Bainbridge ceased operations at its previous location at 8301
South 77th Avenue, Bridgeview, Illinois, which is the subject of the CAAPP permit at
issue in the pending Petition for Review, on February 21, 2004, and vacated the premises
on February 29, 2004.
5.
On August 2, 2004, Petitioner submitted correspondence to Illinois EPA to
request that the CAAPP permit be withdrawn and rendering this appeal moot. A copy is
attached hereto as Exhibit A.
WHEREFORE, PETITIONER, respectfully requests that the Board enter an
Order dismissing this action.
Respectfully submitted,
NIELSEN & BAINBRIDGE, LLC,
Petitioner,
By:
~
One of Its Attorneys
Dated: August 2, 2004
Katherine D. Hodge
N. LaDonna Driver
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois 62705-5776
(217) 523-4900
NIBA:OOliPilJMotion for Voluntary Dismissal
2
RECE
WED
DNieIsenBainbridge~.
AUG02 2004
IEPA
-
BUREAU OF AIR
7830A West 71st Street
STATE OF ILLINOIS
Bridgeview, illinois
60455
708-546-2135
Fax 708-546-2193
July
29, 2004
Donald B. Sutton, P.E.
Manager, Air Permit Section
Division of
Air
Pollution Control
Bureau ofAir
Illinois
Environmental
Protection Agency
1021
North
Grand Avenue
East
Post Office Box 19276
Springfield, illinois 62794-9276
RE:
CAAPP
Permit Withdrawal
Nielsen &
Bainbridge,
LLC
For 8301 South
77th
Avenue
Bridgeview, illinois Facility
Facility
ID: 031027ABS
Dear Mr. Sutton:
This letter
is
written
to
request
the
withdrawal
ofthe
CAMP
permit issued by the illinois
Environmental
Protection Agency (“Illinois EPA”) toNielsen & Bainbridge, LLC (“Nielsen &
Bainbridge”) on December 3, 2002 (Application No.: 95120122). This
permit was issued
tothe
Nielsen&
Bainbridge facility
located at 8301
South
77thAvenue, Bridgeview, illinois.
By way of
background,
in December 1995, Nielsen & Bainbridge’s predecessor, Creative
Industries, submitted
anapplication for a CAAPP
permit
for its operation located at 8301 South
77thAvenue. Thereafter, Nielsen & Bainbridge submitted several supplements
updating
the
initial application. Ultimately, the Illinois
EPA
issued the
CAAPP permit
on December 3, 2002.
Nielsen & Bainbridge filed a Petition for Review withthe illinois Pollution Control Board
(“Board”) regarding
this
CAAPP
permit
on
January
7, 2003 (PCB 03-98).
On August 5, 2003,
while
the CAAPP
permit
appeal waspending before the
Board,
Illinois EPA issuedNielsen & Bainbridge a Construction Permit (Application No.: 03070065)
that
allowed itto move
its operations
to a new
location
at 7830 West 71st Street, also in
Bridgéview, Illinois. Nielsen &
Bainbridge ceased operations
at
its
previous
location,
which is
the subject ofthe CAAPP
permit,
on
February 21,2004,
andvacated the premises on February
29, 2004. Due to
the
closure ofthe CAAPP
permitted
facility,
and
the resolution ofall other
outstanding
enforcement issues, Nielsen & I3ainbridge is now in the process offiling a Motion to
Voluntarily Dismiss
the
CAAPP
permit
appeal
with the
Board.
Donald E. Sutton, P.E.
July 29, 2004
Page 2
In light ofthe fact that the CAAPP permitted operations ofNielsen & Bainbridge at 8301
South 77th Avenue, Bridgeview, illinois, no longer exist, Nielsen & Bainbridge is hereby
requesting to withdraw the CAAPP permit issued by Illinois EPA to this facility on
December 3, 2002. In addition, by this letter, Nielsen & Bainbridge is hereby voluntarily
surrendering any ERMS ATUs issued by the Illinois EPA that are associated with the former
operations at 8301 South 77th Avenue, Bridgeview, Illinois.
Please call me ifyou have any questions orneed additional information. Thank you for
your assistance in this matter.
Sincerely,
~
cc:
Katherine D. Hodge, Esq. (via U.S. Mail)
Mr. Gregory A. Pikul (via U.S. Mail)
