1. BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
      2. NOTICE OF FILING
      3. BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
      4. MOTION TO WITHDRAW PETITIONER’S PETITION FOR REVIEW
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ROCHELLE WASTE DISPOSAL, L.L.C., )
)
Petitioner,
)
)
v.
)
)
PCB 07-113
THE CITY OF ROCHELLE, an Illinois
)
(Third-Party Pollution Control Facility
municipal corporation, and THE
)
Siting Appeal)
ROCHELLE CITY COUNCIL,
)
)
Respondents.
)
____________________________________
CONCERNED CITIZENS OF OGLE
)
COUNTY,
)
)
Petitioner,
)
)
v.
)
)
PCB 07-116
THE CITY OF ROCHELLE, THE CITY
)
(Third-Party Pollution Control Facility
COUNCIL OF THE CITY OF ROCHELLE,)
Siting Appeal)
and ROCHELLE WASTE DISPOSAL,
)
L.L.C.,
)
)
Respondents.
)
NOTICE OF FILING
TO:
See Attached Service List
PLEASE TAKE NOTICE THAT
on the 5th day of July, 2007, Emily R. Vivian, one of
the attorneys for Petitioner, CONCERNED CITIZENS OF OGLE COUNTY, filed a Motion to
Withdraw Petitioner’s Petition for Review, via electronic filing as authorized by the Clerk of the
Illinois Pollution Control Board.
Respectfully submitted,
CONCERNED CITIZENS OF OGLE
COUNTY
By: /s/
???????????????
One of Its Attorneys
2
STATE OF ILLINOIS
)
)
SS
COUNTY OF PEORIA
)
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a copy of the Motion to Withdraw Petitioner’s
Petition for Review was served upon the following persons via email and regular mail on the 5th
day of July, 2007, before 5:00 p.m., with all fees thereon fully prepaid and addressed as follows:
Mr. Bradley P. Halloran, Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph, Suite 11-500
Chicago, IL 60601
halloranb@ipcb.state.il.us
Mr. Charles F. Helsten
Hinshaw & Culbertson
100 Park Avenue
Rockford, IL 61101
chelsten@hinshawlaw.com
Mr. Donald J. Moran
Pedersen & Houpt
161 North Clark Street
Suite 3100
Chicago, IL 60601
dmoran@pedersenhoupt.com
Mr. Alan Cooper
City Attorney
233 East Route 38, Suite 202
P.O. Box 194
Rochelle, IL 61068
cooplaw@rochelle.net
/s/
???????????????
Emily R. Vivian
David L. Wentworth II
Emily R. Vivian
Hasselberg, Williams, Grebe,
Snodgrass & Birdsall
124 SW Adams, Suite 360
Peoria, IL 61602
Telephone: (309) 637-1400
Facsimile: (309) 637-1500
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ROCHELLE WASTE DISPOSAL, L.L.C., )
)
Petitioner,
)
)
v.
)
)
PCB 07-113
THE CITY OF ROCHELLE, an Illinois
)
(Third-Party Pollution Control Facility
municipal corporation, and THE
)
Siting Appeal)
ROCHELLE CITY COUNCIL,
)
)
Respondents.
)
____________________________________
CONCERNED CITIZENS OF OGLE
)
COUNTY,
)
)
Petitioner,
)
)
v.
)
)
PCB 07-116
THE CITY OF ROCHELLE, THE CITY
)
(Third-Party Pollution Control Facility
COUNCIL OF THE CITY OF ROCHELLE,)
Siting Appeal)
and ROCHELLE WASTE DISPOSAL,
)
L.L.C.,
)
)
Respondents.
)
MOTION TO WITHDRAW PETITIONER’S PETITION FOR REVIEW
NOW COMES Concerned Citizens of Ogle County (“CCOC” or “Petitioner”), by and
through its attorneys, David L. Wentworth II and Emily R. Vivian of Hasselberg, Williams,
Grebe, Snodgrass & Birdsall, and for its Motion to Withdraw Petitioner’s Petition for Review,
states as follows:
1.
That on May 16, 2007, CCOC electronically filed its Petition for Review with the
Illinois Pollution Control Board (the “Board”), alleging, in part, fundamental unfairness in the
granting of local siting authority by The City Council of the City of Rochelle (the “City
Council”).
2.
On June 7, 2007, the Board accepted the Petition for Review and consolidated the
matter with Rochelle Waste Disposal, L.L.C.’s case, PCB 07-113, seeking to have conditions
stripped from the approval.
3.
That on June 18, 2007, CCOC issued written discovery to the City Council.
4.
That on June 28, 2007, CCOC received the City Council’s responses to its
discovery requests.
5.
That although there were indications of fundamental unfairness during the hearing
process, after receiving the responses to written discovery, CCOC did not find anything to
substantiate such indications.
6.
That CCOC seeks to withdraw its Petition for Review in PCB 07-116.
WHEREFORE, Concerned Citizens of Ogle County prays that the Board grant its Motion
to Withdraw Petitioner’s Petition for Review.
Respectfully submitted,
CONCERNED CITIZENS OF OGLE
COUNTY
By:/s/
???????????????
One of Its Attorneys
David L. Wentworth II
Emily R. Vivian
Hasselberg, Williams, Grebe,
Snodgrass & Birdsall
124 SW Adams Street, Suite 360
Peoria, IL 61602-1320
Telephone: (309) 637-1400
Facsimile: (309) 637-1500
W:\DLW\Land Use-Zoning\Ogle\IPCB Appeal\Motion to Withdraw.doc

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