ILLINOIS POLLUTION CONTROL BOARD
March 15, 2007
CITY OF GENEVA,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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PCB 07-39
(NPDES Permit Appeal)
ORDER OF THE BOARD (by G.T. Girard):
On December 7, 2006, at the parties’ request, the Board extended until
February 15, 2007, the time period for the City of Geneva (City) to appeal an October 13, 2006
determination of the Illinois Environmental Protection Agency (Agency). The determination
concerns the City’s wastewater treatment plant located at 602 Crissey Avenue in Geneva, Kane
County. The Agency issued a permit, subject to conditions, under the National Pollutant
Discharge Elimination System (NPDES). On February 15, 2007, the City timely filed a petition
asking the Board to review the Agency’s determination.
See
415 ILCS 5/40(a)(1) (2004); 35 Ill.
Adm. Code 101.300(b), 105.208(a).
To date, the Board has not accepted the petition for review. On March 13, 2007, the City
filed a motion to withdraw its NPDES permit appeal. According to the motion, following the
closure of the Agency public comment period concerning a proposed modification to the NPDES
permit, the Agency informed the City that the Agency is prepared to issue the City an agreed
upon modified NPDES permit. Motion at 1. The City moves to withdraw this NPDES permit
appeal “[b]ecause the agreed upon modified NPDES Permit resolves all of the issues presented
in this proceeding.”
Id
. at 2. The Board grants the motion, dismisses this appeal, and closes the
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 March 15, 2007, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board