BEFORE THE ILLINOIS POLLUTION
    CONTROL BOARD
    LONE STAR INDUSTRIES, INC.,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    PCB 07-71
    (Construction Permit Appeal)
    NOTICE OF FILING
    TO: Mr. John
    T. Therriault
    Assistant Clerk of the Board
    Illinois Pollution Control Board
    100 West Randolph Street
    Suite
    11-500
    Chicago, Illinois 60601
    (VIA
    ELECTRONIC MAIL)
    Carol Webb, Esq.
    Illinois Pollution Control
    Board
    1021 North Grand
    Avenue East
    Post Office Box 19274
    Springfield, Illinois 62794-9274
    (VIA FIRST CLASS MAIL)
    (SEE PERSONS ON
    ATTACHED SERVICE LIST)
    PLEASE TAKE NOTICE that I have today
    filed with the Office of the Clerk of
    the Illinois Pollution Control Board a MOTION
    FOR VOLUNTARY DISMISSAL,
    copies of which are
    herewith served upon you.
    Respectfully
    submitted,
    Dated: July 25,
    2008
    Katherine D. Hodge
    Monica T. Rios
    HODGE DWYER ZEMAN
    3150 Roland Avenue
    Post Office Box 5776
    Springfield, Illinois 62705-5776
    (217) 523-4900
    LONE STAR INDUSTRIES, INC.,
    Petitioner,
    By: /s/ Katherine D. Hodge
    One of Its Attorneys
    THIS FILING SUBMITTED
    ON RECYCLED PAPER
    Electronic Filing - Received, Clerk's Office, July 25, 2008
    CERTIFICATE OF SERVICE
    1, Katherine D. Hodge, the undersigned,
    hereby certify that I have served the
    attached MOTION FOR VOLUNTARY DISMISSAL upon:
    Mr. John T. Therriault
    Assistant Clerk of the Board
    Illinois
    Pollution Control Board
    100 West Randolph Street
    Suite 11-500
    Chicago, Illinois 60601
    via electronic mail on
    July 25, 2008; and upon:
    Carol Webb, Esq.
    Hearing Officer
    Illinois Pollution Control Board
    1021 North Grand
    Avenue East
    Post Office
    Box 19274
    Springfield,
    Illinois 62794-9274
    Robb H. Layman, Esq.
    Assistant Counsel
    Illinois Environmental Protection Agency
    Division of Legal Counsel, MC #21
    1021 North Grand Avenue East
    Post Office Box 19276
    Springfield,
    Illinois 62794-9276
    by depositing said documents in the United States
    Mail, postage prepaid, in Springfield,
    Illinois on July 25, 2008.
    /s/ Katherine D. Hodge
    Katherine D. Hodge
    LONE:001/Fi1/PCB
    07-71 COS-MTD
    Electronic Filing - Received, Clerk's Office, July 25, 2008
    BEFORE THE ILLINOIS
    POLLUTION CONTROL BOARD
    LONE STAR INDUSTRIES,
    INC.,
    )
    Petitioner,
    )
    VS.
    )
    PCB 07-71
    (Construction
    Permit Appeal)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION
    AGENCY,
    )
    Respondent.
    )
    MOTION FOR VOLUNTARY
    DISMISSAL
    NOW COMES Petitioner, LONE
    STAR INDUSTRIES, INC., d/b/a
    Buzzi
    Unicem USA (hereinafter
    "Petitioner"), by and through
    its attorneys, HODGE DWYER
    ZEMAN,
    pursuant to 35 Ill. Admin. Code ยง 101.500,
    and moves the Illinois Pollution
    Control
    Board ("Board") to voluntarily
    dismiss this action. In support
    of this Motion,
    Petitioner states as
    follows:
    1.
    On January 29, 2007, Petitioner
    filed a Petition for Review
    of the revised
    construction permit (No.
    06030057) granted to Petitioner
    by the Illinois Environmental
    Protection
    Agency ("Agency") on December
    22, 2006. In its Petition,
    Petitioner
    appealed the inclusion of permit
    conditions that it contends
    are not required by the
    Illinois Environmental
    Protection Act ("Act")
    or regulations promulgated thereunder
    and
    are not
    necessary to correct, detect, or prevent
    noncompliance with
    the Act or regulations.
    2.
    On July 17,
    2008, following settlement
    discussions between the parties,
    the Agency
    issued a revised construction permit.
    The issuance of this construction
    permit
    resolves the above-referenced
    appeal.
    Electronic Filing - Received, Clerk's Office, July 25, 2008
    3.
    As all issues between the parties have been resolved, Petitioner requests
    that the Board grant this
    Motion for Voluntary Dismissal and dismiss this appeal.
    WHEREFORE, Petitioner, LONE STAR INDUSTRIES, INC., d/b/a Buzzi
    Unicem USA, respectfully requests that the
    Illinois Pollution Control Board enter an
    Order
    dismissing this action.
    Respectfully submitted,
    LONE STAR INDUSTRIES, INC.,
    Petitioner,
    By: /s/ Katherine
    D. Hodge
    One of Its Attorneys
    Dated: July 25, 2008
    Katherine D. Hodge
    Monica T. Rios
    HODGE
    DWYER ZEMAN
    3150
    Roland Avenue
    Post Office Box 5776
    Springfield, Illinois 62705-5776
    (217) 523-4900
    L ONE:001/Fil/PCB07-71
    Motion for Voluntary Dismassal
    Electronic Filing - Received, Clerk's Office, July 25, 2008

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