BEFORE THE ILLINOIS POLLUTION CONTROL BOARD RECEIVED
CLERK'S
OFFICE
U. S. MINERALS, LLC,
DEC 1 5 2005
STATE OF ILLINOIS
Pollution Control Board
vs .
)
PCB 05-182
(Permit Appeal - Air)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent .
)
NOTICE OF FILING
PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk of the
Pollution Control Board the
Waiver of Statutory Decision Deadline,
a copy of which is herewith
served upon you .
Respectfully submitted,
U. S. MINERALS, LLC
By :
Dated: December 13, 2005
Petitioner,
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
Q\ffabnaun\stviblut\pldgWotice offifing_1
05-02-03 dm
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
U. S. MINERALS, LLC,
)
DEC 1 5 2005
STATE OF ILLINOIS
Petitioner,
)
Pollution Control Board
vs .
)
PCB 05-182
(Permit Appeal - Air)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent .
)
MOTION FOR VOLUNTARY WITHDRAWAL
OF PETITION FOR REVIEW OF PERMIT DECISION
NOW COMES the Petitioner, U . S. MINERALS, LLC, , by and through its legal counsel,
and presents its Motion For Voluntary Withdrawal of Petition for Review of Permit Decision filed
with the Illinois Pollution Control Board to initiate these proceedings
.
In support of its Motion, Petitioner states :
1. On April 6, 2005, U.S. Minerals filed a Petition for Review of the Illinois
Environmental Protection Agency's decision on March 2, 2005 to issue a final Lifetime Operating
Permit with permit conditions and terms that were not acceptable to Petitioner . On April 21, 2005
the Board issued an Order accepting the Petition for hearing
.
2 .
Counsel for Petitioner and Respondent have undertaken discussions to explore the
possibility of settlement including certain revisions to the challenged terms and conditions of the
Lifetime Operating Permit for the subject facility . Those negotiations have proven successful and
Respondent's Bureau of Air, Division of Air Pollution Control recently issued a revised Lifetime
THIS FILING IS SUBMITTED ON RECYCLED PAPER
1
RECEIVED
CLERK'S OFFICE
Operating Permit for Petitioner's Coffeen, Illinois facility that resolves the issues raised in these
proceedings .
3
.
Consequently, Petitioner has no reason to maintain the instant action contesting
terms and conditions of the Lifetime Operating Permit issued on March 2, 2005
.
Petitioner's
voluntary withdrawal of the
Petition for Review of Permit Decision
and termination of the instant
administrative proceedings would promote the interests of judicial economy
.
WHEREFORE, the Petitioner respectfully requests permission to voluntarily withdraw its
Petition for Review of Perm it Decision
and effectively terminate the instant proceedings .
HOWARD&HOWARD ATTORNEYS, P.C .
By :
Jo
S .
alett
ttorney for Petitioner
U .
inerals,LLC
Dated: December 13, 2005
Jon S. Faletto
Howard & Howard Attorneys, P.C .
One Technology Plaza, Suite 600
211 Fulton Street
Peoria, IL 61602
(309) 672-1483
THIS FILING IS SUBMITTED ON RECYCLED PAPER
2
Jon S. Faletto
Howard & Howard Attorneys, P .C
.
One Technology Plaza, Suite 600
211 Fulton Street
Peoria, IL 61602
(309) 672-1483
g \M1fiv,mwWSnbSt pldgMdion_wi hth w 11-I3-05t
THIS FILING IS SUBMITTED ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
U. S. MINERALS, LLC,
)
Petitioner,
)
vs .
)
PCB 05-182
(Permit Appeal - Air)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent
.
)
CERTIFICATE OF SERVICE
I, the undersigned, hereby certify that on this 13 1h day of December 2005, I have served the
attached Motion For Voluntary Withdrawal ofPetition for Review of Permit Decision, by depositing
same via First Class, U .S. Mail, with proper postage prepaid, upon the following persons :
DorothyM . Gunn, Clerk
Dennis E. Brown, Asst. Counsel
Illinois Pollution Control Board
Illinois Environmental Protection Agency
James R. Thompson Center
1021 North Grand Avenue East
100 West Randolph, Suite 11-500
P. O. Box 19276
Chicago, IL 60601
Springfield, IL 62794-9276
3
