RECEIVEDCLERK'S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
AUG 2
9
2006
ABITEC CORPORATION,
)
Petitioner,
)
V.
)
PCB 03-95
(Permit Appeal - Air)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent .
)
MOTION TO WITHDRAW APPEAL
Petitioner, ABITEC CORPORATION ("ABITEC") submits its Motion To Withdraw
Appeal of ABITEC's Clean Air Act Permit Program ("CAAPP") permit pursuant to 35 Ill
. Adm.
Code 101
.308
. In support of this Memorandum, ABITEC states the following
:
1 .
On December 31, 2002, ABITEC filed a petition to appeal certain conditions of
the CAAPP permit issued to it by the Illinois Environmental Protection Agency ("IEPA") on
November 26, 2002 .
2 .
On approximately August 8, 2005, the parties entered into a Consent Order
.
Section VIII.B.3
of the Consent Order requires ABITEC to withdraw its CAAPP permit appeal
contemporaneous with the issuance of a final CAAPP by IEPA to ABITEC
.
3.
On June 27, 2006, IEPA issued to ABITEC a final CAAPP permit
.
4.
ABITEC has completed its review of the final CAAPP permit and seeks to
withdraw the CAAPP permit appeal .
Pollution
STATE OF
ControlILLINOISBoard
WHEREFORE, ABITEC respectfully requests the IPCB grant its Motion to Withdraw
Appeal.
Dated: August 29, 2006
Respectfully submitted,
ABITEC
a
CORPORATION
/V,-
Thor
W
. Ketzback
Thor W . Ketzback, Esq .
Bell, Boyd & Lloyd LLC
Three First National Plaza
70 West Madison Street
Chicago, Illinois 60602
Telephone: 312 .372 .1121
Facsimile : 312.827.8000
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ABITEC CORPORATION,
RECEIVEDCLERK'S
OFFICE
)
AUG 2 9 2006
Petitioner,
)
POllution
STATE OF
ControlILLINOh
Boq"
V
.
)
PCB xx-xxx
(Permit Appeal - Air)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
)
NOTICE OF FILING
TO
:
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O
. Box 19276
Springfield, Illinois 62794-9276
PLEASE TAKE NOTICE that I have today filed with the Office of the Pollution Control
Board the MOTION TO WITHDRAW APPEAL, copies of which are herewith served upon you
.
Thor W
. Ketzback, Esq .
Bell, Boyd & Lloyd LLC
Three First National Plaza
70 West Madison Street
Chicago, Illinois 60602
Telephone
: 312 .372 .1121
Facsimile
: 312 .827.8000
422677/En
422677/E/1
CERTIFICATE OF SERVICE
I, the undersigned, certify that I have served the attached PETITION TO WITHDRAW
APPEAL by depositing said document in the United States Mail in Chicago, Illinois on August
29, 2006, upon : the following persons :
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P
.O
. Box 19276
Springfield, Illinois 62794-9276
Thoktzbac
