ORIGINAl
BE~ORETHE ILL!NOl~
CONTROL. ~
~E9E
WED
CF THE s~ :E
: ILUNOIS
CLERK’S
rtuv
ü OFFICE
VILLAGE OF RORBJNS and ALLIED
V\JASTE TRANSPORTATION, NC,
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rollutiopSTATE
OFControlILLINOISBoard
Petitioners!
v~
No. ROB No~04-48
LLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
RespondenI~
APPEARANCE
Odelson & Sterk, Ltd. on behalf of the Village of Robbins, Illinois, and hereby
enters its appearance in the above-captioned matter.
Village of Robbins
By! Jfl_~‘~ __
__
Uric of its attorneys
Mark H. Sterk
Michae! ft Gibson
ODELSON & STERK, LTD.
3318
West 95~Street
Evergreen Park, IL 60805
(708) 424-5678
BEFORE THE ILLINOIS
POLLUT’ON CONTROL BOAR::
OF THE
•ST;\TE OF ILLINOIS
VILLAGE OF ROBBINS and ALLIED
C)
n
WASTE TRANSPORTATION, INC.
Yh’/G/NAL
Petitioners,
)
NUY
U
2U115
v.
)
Na POB No. 04-48
~
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY.
Respondent.
NOTICE OF FILING
TO:
All CoLinsel of Record (see attached service list)
PLEASE TAKE NOTICE that on November 3, 2005, the undersigned filed with the
IlUnois Pollution Control Board, 100 West Randolph Street, Chicago Illinois 60601, an
original and nine copies of the Motion to Dismiss, copies of which are attached hereto.
Village of Robbiris
By:
fYi °~“~
One of its attorneys
Mark H. Sterk
Michael ft Gibson
ODELSON & STERK, LTD.
3318 West 95111 Street
Evergreen Park, IL 60805
(708) 424-5678
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
‘II
~
I ‘C1R31NC,i,
\L III
F. I ~N~O
kIA ION, IN~
E
1’
Petitioners,
OR / G/NA L
v.
)
No. PCB No, 04-48
ILLiNOIS ENVIRONMENTAL
PROTEOTlON AGENCY,
Respondent.
MOTION TO DISMISS
NOW COMES Village of Robbins, Petitioner ri the above-captioned matter, and
respectfully moves to dismiss its pending appeal in the above-captioned matter with
prejudice, and, in support thereof, states as follows:
1.
That this appeal rises out of denial by the Illinois Environmental Protection
Agency an application for issuance of a significant modification permit for the Robbins
Incineration facility.
2.
That as of the present date, all matters in issue in this appeal have been
resolved and the Petition has in fact received permit approvaL
3.
As such, this pending appeal
may
be dismissed with prejudice.
WHEREFORE, the Petitioner, Village of Robbins, respectfully request that this
Honorable Board enter an Order granting this Motion, and dismissing this appeal with
prejudice.
Village of Robbins
By:
m aL
4
One of its attorneys
Mark H. Sterk
Michael R. Gibson
ODELSON & STERK, LTD.
3318 West
g5th
Street
Evergreen Park, IL 60805
(708) 424-5678
AFFID?Vii OF SERVICE
The undersigned, pursuant to the provisions of Section 1-109 of the IlNnois Code
of Civil Procedure, hereby under penalty of perjury under the laws of the United States of
America, certifies that on November 3. 2005, a copy of the foregoing was sen,’ed upon:
Dorothy M. Gunn, Clemk
Ninois Pollution Control Board
James P. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, IL. 60601
John J. Kim
Special Assistant Attorney General
Division of Legal Counsel
1021 N, Grand Avenue, East
Springfield, IL 62794-9276
Mr. Brad Halloran
Hearing Officer
Illinois Pollution Control Board
100 West Randolph, ll~Floor
Chicago, IL 60601
Mr.
Charles
F.
Helston
Hinshaw & Culbertson LLP
100 ParIs Avenue
P.O. Box 1389
Rockford, IL 61105-1389
By depositing a copy thereof, enclosed in an envelope in the United States Mail at
Chicago, Illinois, proper postage prepaid, before the hour of 5:00 p.m., addressed as
above.
6fl~
Mark H. Sterk
Michael R. Gibson
ODELSON & STERK, LTD.
—
.i318 West 95~~Street
Evergreen Park, IL 60805
(708) 424-5678
ORIGINAL
November 3, 2005
~‘li’jAE~ ~
EFE1,1Ci,’~
L.
?fl±.7iET~
TIFP;’,Ni
..\. N?~1.5ON
JE
RE CE ~V ED
CLERK’S OFFICE
Ms. Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
James
R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, IL 60601
?0Q5
STATE OF ILLINOIS
Pollution Control Board
Dear Ms. Gunn:
Re:
Village of Robbins, et aL v. Illinois Environmental Protection Agency
P08 No. 04-4 8
Enclosed are the original and twelve (12) copies of Notice of Filing and Motion
to Dismiss as well as the original and twelve (12) copies of our Appearance. Please return
three (3) copies of each in the enclosed envelope after they have been filed with the
Pollution Control Board.
MRS/jIb
Enclosures
S:’Jenet\Robbins\IEPA\Gunn.ODI .wpd
Very truly yours
ODELSON & STERK, Lift
/~i
g~ic
Mark H. Sterk
33J8 \VE5T
94T1-1
STREET
EVEPOREON PARIK, IL
5O.~n5
(7O8:~~124-5o78
FAX
(TOE.) ~25-!R9~
cern
~t
Od~d~n
RECE~VED
CLERK’S OFFICE
AT U’,”)
~ \:~‘\ ‘~‘
—
Ltd.
NLt~ 0
2005
STATE OF ILLINOIS
-u
Pollution Control Board
3318 ~Vesz
‘
Street
(708)
424~5678
Everqreen Park,
IL
60805
(708) 424-5S29
-
fax
FAX COVER SHEET
To:
Brad Halloran
From:
Janet Butkus
Fax No.:
(312) 814-3669
Pages:
6
Date:
November 3, 2005
cc:
Re:
Comments;
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