BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    LONE STAR INDUSTRIES,
    INC.,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    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)
    )
    NOTICE OF FILING
    TO:
    PCB 07-112
    (Construction Permit Anneal)
    Bradley P. Halloran, Esq.
    Hearing Officer
    Illinois Pollution Control
    Board
    100 West
    Randolph Street
    Suite 11-500
    Chicago, Illinois 60601
    (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, a
    copy of
    which is herewith served upon you.
    R espectfully submitted,
    Dated: August 13, 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/PCB 07-112 NOF-MTD
    LONE STAR INDUSTRIES, INC.,
    Petitioner,
    By: /s/ Katherine D. Hodge
    Katherine D. Hodge
    THIS FILING SUBMITTED ON RECYCLED PAPER
    Electronic Filing - Received, Clerk's Office, August 13, 2008
    CERTIFICATE OF SERVICE
    I, 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 August 13, 2008; and upon:
    Bradley P. Halloran, Esq.
    Hearing Officer
    Illinois Pollution Control Board
    100 West Randolph Street
    Suite 11-500
    Chicago, Illinois 60601
    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 August 13, 2008.
    /s/ Katherine D. Hodize
    Katherine
    D. Hodge
    L ONE:001/Fi1/PCB 07-112 COS-MTD
    Electronic Filing - Received, Clerk's Office, August 13, 2008
    BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    LONE STAR INDUSTRIES, INC., )
    Petitioner,
    )
    (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 May 15, 2007, Petitioner filed a Petition for Review of the
    construction permit (No. 06120047) granted to Petitioner by the Illinois Environmental
    Protection Agency ("Agency") on April 6, 2007. 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, August 13, 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.
    W HEREFORE, Petitioner, LONE STAR INDUSTRIES, INC., d/b/a Buzzi
    Unicem USA, respectfully requests that the Board enter an -Order dismissing this action.
    Respectfully submitted,
    LONE STAR INDUSTRIES, INC.,
    Petitioner,
    By: /s/ Katherine D. Hodge
    Katherine D. Hodge
    Dated: August 13, 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 0NE:001/Fil/PCB 07-112 Motion for Voluntary Dismissal
    Electronic Filing - Received, Clerk's Office, August 13, 2008

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