ILLINOIS POLLUTION CONTROL BOARD
April 6, 2006
PRAIRIE RIVERS NETWORK and SIERRA
CLUB,
Petitioners,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY and PRAIRIE
STATE GENERATING COMPANY, LLC,
Respondents.
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PCB 06-124
(Third-Party NPDES Permit Appeal -
Water)
AMERICAN BOTTOM CONSERVANCY
and DALE WOJTKOWSKI,
Petitioners,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY and PRAIRIE
STATE GENERATING COMPANY, LLC,
Respondents.
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PCB 06-127
(Third-Party NPDES Permit Appeal -
Water)
(Consolidated)
ORDER OF THE BOARD (by A.S. Moore):
On January 6, 2006, Prairie Rivers Network (Prairie Rivers) and Sierra Club filed a
petition asking the Board to review a December 5, 2005 determination of the Illinois
Environmental Protection Agency (Agency). The Agency granted a National Pollutant
Discharge Elimination System (NPDES) permit to Prairie State Generating Company (Prairie
State) for its coal-fired power plant located at Marigold Road and Highway 12 in Marissa,
Washington County. On January 11, 2006, American Bottom Conservancy (ABC) and Dale
Wojtkowski also filed a petition asking the Board to review the December 5, 2005 determination
of the Agency to grant an NPDES permit to Prairie State. In an order dated January 19, 2006,
the Board accepted the two petitions for hearing and on its own motion consolidated the two
cases.
On March 14, 2006, petitioners ABC and Wojtkowski filed a motion for voluntary
dismissal of the petition for review in PCB 06-127 with prejudice (Mot. 1). ABC and
Wojtkowski state that the parties have settled issues between them. Mot. 1 at 1-2. ABC and
2
Wojtkowski further state that the respondents have represented that they would not respond to
the motion to dismiss. Mot. 1 at 2.
On March 17, 2006, petitioners Prairie Rivers and Sierra Club filed a motion for
voluntary dismissal of the petitioner for review in PCB 06-124 with prejudice (Mot. 2). Prairie
Rivers and Sierra Club state that the parties have settled all issues between them. Mot. 2 at 1-2.
Prairie Rivers and Sierra Club further state that the respondents have represented that they would
not respond to the motion to dismiss. Mot. 2 at 2.
The Board hereby grants the motion to dismiss filed by ABC and Wojtkowski, grants the
motion to dismiss filed by Prairie Rivers and Sierra Club, dismisses the petitions for review filed
in PCB 06-124 and PCB 06-127 with prejudice, and closes this consolidated docket.
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above order on April 6, 2006, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board