BEFORE THE ILLINOIS POLLUTION CONTROL BOARD.
JOYCE FARMS RECYCLING, INC.
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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PCB 08-49
(Land-Permit Appeal)
NOTICE OF FILING
TO:
Mr. James Richardson
Mr. Brad Halloran
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Illinois Pollution Control Board
100 W. Randolph
P.O. Box 19276
Suite 11-500
Springfield, Illinois 62794-9276
Chicago, Illinois
60601
PLEASE TAKE NOTICE that on February 27,2009, Petitioner electronically filed with
the Clerk
of the Illinois Pollution Control Board of the State of Illinois an original
Motion for
Voluntary Dismissal.
Date: February 27,2009
BROWN, HAY
&
STEPHENS, LLP
Claire A. Manning
Registration No. 3124724
Alison K. Hayden
Registration No. 6291618
205 S. Fifth Street, Suite 700
P.O.
Box 2459
Springfield, IL 62705-2459
(217) 544-8491
Respectfully submitted,
JOYCE FARMS RECYCLING, INC.
By:
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One
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oflts Attorneys
t
Electronic Filing - Received, Clerk's Office, February 27, 2009
CERTIFICATE OF SERVICE
I, on oath state that I have served the attached
Motion for Voluntary Dismissal
by
placing a copy in an enveloped addressed to:
Mr. James Richardson
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
Mr. Brad Halloran
Illinois Pollution Control Board
100 W. Randolph
Suite
11-500
Chicago, Illinois 60601
from Brown, Hay
&
Stephens, LLP, 205 S. Fifth Street, Ste. 700, Springfield, Illinois, before the
hour
of 5:00 p.m. on this 27th day of February, 2009.
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JOYCE FARMS RECYCLING, INC.
Petitioner,
v.
ILLINOISENVTRO~ENTAL
PROTECTION AGENCY,
Respondent.
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PCB 08-49
(Land-Permit Appeal)
MOTION FOR VOLUNTARY DISMISSAL
NOW COMES Petitioner, JOYCE FARMS RECYCLING, INC. (hereinafter "Joyce
Farms"),
by and through its attorneys, BROWN, HAY
&
STEPHENS, LLP, pursuant to 35 Ill.
Adm. 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 September 1, 2006, Joyce Farms filed a Petition for Review of Permit Number 2000-
138-DE/OP
Modification No.6 issued on July 27,2006 by the Illinois Environmental Protection
Agency ("Agency") to Joyce Fanns for continued operation of an existing landscape waste
compost facility.
In its Petition, Joyce Farms appealed the inclusion of permit conditions not
required
by the Illinois Environmental Protection Act
("Act'~)
or its implementing regulations.
2. Underlying
Pennit Number
2000-138-DE/OP
expired on January 31,2008. As ongoing
settlement negotiations
of the contested pennit tenns had not been resolved by this time, a
renewal permit application was
prepared and submitted to the Agency and Modification No.9
was issued to Joyce Fanns on January 28,2008.
Electronic Filing - Received, Clerk's Office, February 27, 2009
3. On March 3,2008, both the Agency and Joyce Fanns filed a Request for Ninety Day.
Extension of Appeal Period with the Board. At this time the Board docketed the request under a
new case number
2008-49 for the newly issued renewal pennit.
4. On June 2, 2008, Joyce Farms filed a new Petition for Review of the Pennit issued on
January
28,2008. On June 19,2008, Joyce Fanns filed a Motion for Open Waiver of the 120-
Day Decision deadline with the Board.
5. Both parties continued settlement discussions to resolve the issues.without having to go
to hearing. On August 28,2008, the Agency issued Modification No. 10 to Pennit No. 2005-
138-DE/OP
which resolved the pennit appeal No. 2008-49. Modification No. 10 was issued by
the Agency with an incorrect Log Number and an incorrect reference to a Log Number. A
corrected version was issued on February
25,2009. The pennit tenn remains five years and the
expiration date is December 31,
2013.
6. As all issues between the parties have been resolved, Petitioner request that the Board
grant this Motion for Voluntary Dismissal and dismiss this appeal.
WHEREFORE, Petitioner,
JOYCE FARMS RECYCLING, INC., respectfully requests
that the Board enter an
Order dismissing this action.
Respectfully submitted,
JOYCE FARMS RECYCLING, INC.,
Petitioner,
By:bt~~
Alison K. Hayden,
One if its Attorneys
BROWN, HAY
&
STEPHENS, LLP
Claire
A.
Manning
Registration No. 3124724
Alison
K.
Hayden
Registration No. 6291618
205 S. Fifth Street, Suite 700
P.O.
Box 2459
Springfield,
IL
62705-2459
(217) 544-8491
Electronic Filing - Received, Clerk's Office, February 27, 2009
