ILLINOIS POLLUTION CONTROL BOARD
    June 19, 2008
    CITY OF JOLIET,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 07-94
    (Permit Appeal - Water)
    ORDER OF THE BOARD (by A.S. Moore):
    On February 16, 2007, the Illinois Environmental Protection Agency (Agency) issued to
    the City of Joliet (City) a modified sewage sludge permit including eight special conditions, one
    of which the City specifically contested. On March 21, 2007, the City filed with the Board a
    petition for review of that specific contested condition.
    See
    415 ILCS 5/40(a)(1) (2006).
    On June 6, 2008, the City filed a motion to withdraw this permit appeal (Mot.). The City
    states that it “needs to request a modification to its permit” and that it “has also discussed
    withdrawal of this permit appeal” with counsel for the Agency. Mot. at 1. The City further
    states that the Agency will not file a response or objection to this motion to withdraw. Mot. at 2.
    The City requests voluntary withdrawal of this appeal without prejudice.
    Id
    .
    The Board cannot dismiss this permit appeal without prejudice.
    See
    415 ILCS 5/40(a)(1)
    (2006) (setting 35-day appeal period). Accordingly, the Board grants the City’s motion but
    dismisses the appeal with prejudice and closes the docket.
    IT IS SO ORDERED.
    I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
    the Board adopted the above order on June 19, 2008, by a vote of 4-0.
    ___________________________________
    John T. Therriault, Assistant Clerk
    Illinois Pollution Control Board

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