BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
KCBX TERMINALS COMPANY,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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PCB 08-103
(Pennit Appeal - Air)
NOTICE OF FILING
TO:
Mr. John Therriault
Assistant Clerk
Illinois
Pollution Control Board
James
R.
Thompson Center
100 West Randolph, Suite 11-500
Chicago, Illinois 60601
(VIA ELECTRONIC MAIL)
Bradley P. Halloran, Esq.
Hearing Officer
Illinois
Pollution Control Board
James
R.
Thompson Center
100 West Randolph, Suite 11-500
Chicago, Illinois 60601
(VIA US MAIL)
PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk of
the Illinois Pollution Control Board a
MOTION TO WITHDRAW PETITION FOR
REVIEW,
directed to the Illinois Pollution Control Board, a copy of which is herewith
served upon you.
Dated:
October 16, 2009
Katherine D. Hodge
Lauren
C. Lurkins
HODGE DWYER
&
DRIVER
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois 62705-5776
(217) 523-4900
Respectfully submitted,
KCBX
TERMINALS COMPANY,
Petitioner,
By:
IslKatherine D. Hodge
One of Its Attorneys
THIS FILING SUBMITTED ON RECYCLED PAPER
Electronic Filing - Received, Clerk's Office, October 16, 2009
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
KCBX TERMINALS COMPANY,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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PCB 08-103
(Permit
Appeal - Air)
MOTION TO WITHDRAW PETITION FOR REVIEW
NOW COMES Petitioner,
KCBX TERMINALS COMPANY ("KCBX"), by and
through its attorneys,
HODGE DWYER
&
DRIVER, and hereby moves to withdraw its
Petition for Review ("Petition") of the "Construction Pennit Grant - Operating Permit
Denial - NSPS Source" issued to KCBX by the Illinois Environmental Protection
Agency (HIIlinois EPA") on May
2008 ("May
2008 Permit"). In support of this
Motion, KCBX states as follows:
1.
KCBX operates a bulk material terminal located at 3259 East 100th Street,
Chicago, Illinois (Facility ID No. 031600AHI) ("Facility").
2.
On October lA, 2007, KCBX submitted an application to Illinois EPA
seeking a joint construction and operating permit ("Joint Pennit") to install two, 125-foot
portable conveyors to be operated at the Facility.
3.
KCBX supplemented the Joint Permit application with information
provided in letters dated February
21,2008, and March 28,2008, and KCBX and Illinois
EP A took part in several meetings regarding the Joint Permit during the period of time
from
October 14,2007, through the date KCBX filed the Petition.
4.
On May 23, 2008, Illinois EPA issued the May 23, 2008 Permit for the
Facility.
5.
Illinois
EPA included conditions in the May 23, 2008 Permit that were not
required by the Illinois Environmental Protection Act ("Act") or regulations promulgated
thereunder, and were not necessary to correct, detect, or prevent noncompliance with, or
to otherwise accomplish the purposes of, the
Act or regulations.
6.
In light
of this fact, on May 29,2008, representatives of KCBX discussed
the May 23,2008 Permit conditions with Illinois EPA, and recommended the May 23,
2008 Permit be modified based on several points of clarification.
7.
On June 27,2008, KCBX filed the Petition regarding the May 23, 2008
Permit.
8.
After filing the Petition, representatives of KCBX participated in
discussions with Illinois
EPA regarding the May 23, 2008 Permit. As a result of those
discussions, Illinois
EPA
("October
17, 2008 Permit").
a "Construction Pennit - Revised" on October 17, 2008
9.
The October 17, 2008 Permit incorporated substantial revisions, which
addressed a majority of the concerns KCBX had with regard to the May 23, 2008 Permit.
10.
However, the October 17,2008 Permit, as stated in its Condition I.e., is
only effective upon the withdrawal
of this pennit appeal.
11.
Therefore, KCBX respectfully asks that the Illinois Pollution Control
Board determine this withdrawal to be effective as of the filing date of this Motion.
2
Electronic Filing - Received, Clerk's Office, October 16, 2009
WHEREFORE, for the reasons described herein, Petitioner KCBX TERMINALS
COMPANY, respectfully asks that the Illinois Pollution Control Board grant this Motion
and issue an Order finding KCBX's Petition for Review in this matter withdrawn as of
the date of this Motion,
Dated: October
16, 2009
Katherine D. Hodge
Lauren
C. Lurkins
HODGE
DWYER
&
DRIVER
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois 62705-5776
(217) 523-4900
KCBX:003JFiIlMotion to Withdraw Petition for Review
Respectfully submitted,
KCBX TERMINALS
COMPANY,
Petitioner,
By:
lsi
Katherine D. Hodge
Katherine
D. Hodge
3
Electronic Filing - Received, Clerk's Office, October 16, 2009
CERTIFICA TE OF SERVICE
I, Katherine D. Hodge, the undersigned, hereby certify that I have served the
attached
MOTION TO WITHDRAW PETITION FOR REVIEW upon:
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 October 16, 2009; and upon:
Bradley P. Halloran, Esq.
Hearing
Officer
Illinois Pollution Control Board
James
R. Thompson Center
100 West Randolph Street
Suite
11-500
Chicago, Illinois 6060 I
Division
of Legal Counsel
Illinois Environmental
Protection Agency
1021 North Grand Avenue East
Post Office Box 1
Springfield, Illinois 62794-9276
by depositing said documents in the United States Mail, postage prepaid, in Springfield,
Illinois
on October 16,2009.
IslKatherine D. Hodge
Katherine D. Hodge
KCBX-003/FiIIAir
Pennit Appeal- PCB
08-1031
Mln to Withdraw Petiton for Review - NOF
&
COS