BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    March 24, 2008
    VESUVIUS USA CORPORATION,
    Petitioner,
    v.
    ILLINOIS
    ENVIRONMENTAL
    PROTECTION
    AGENCY,
    Respondent.
    PCB 08-48
    (Permit
    Appeal - Air)
    NOTICE OF FILING
    TO: Mr. John T. Therriault
    Assistant Clerk
    Illinois Pollution Control Board
    James R. Thompson Center
    100 West
    Randolph, Suite 11-500
    Chicago, Illinois
    60601
    (VIA ELECTRONIC MAIL)
    Carol Webb, Esq.
    Hearing
    Officer
    Illinois Pollution
    Control Board
    1021 North Grand Avenue East
    P.O. Box 19274
    Springfield, Illinois 62794-9274
    (VIA UNITED STATES MAIL)
    PLEASE TAKE NOTICE that I have today filed with the Office
    of
    the
    Clerk of
    the Illinois
    Pollution Control Board a NOTICE OF WAIVER OF 120-DAY
    DECISION DEADLINE FOR AN
    ADDITIONAL 90 DAYS, directed to the Illinois
    Pollution Control Board, a copy of which is herewith served
    upon you.
    Respectfully submitted,
    Dated: March 24, 2008
    Katherine D. Hodge
    Thomas G. Safley
    HODGE DWYER ZEMAN
    3150 Roland Avenue
    Post Office Box 5776
    Springfield, Illinois
    62705-5776
    (217) 523-4900
    V ESU-003\FilNOF - WaiverOI
    V ESUVIUS USA CORPORATION
    Petitioner,
    B y:
    /s/ Thomas
    G. Saflg
    One of Its Attorneys
    THIS FILING SUBMITTED
    ON
    RECYCLED
    PAPER
    Electronic Filing - Received, Clerk's Office, March 24, 2008
    CERTIFICATE OF SERVICE
    1, Thomas G. Safley, the undersigned,
    hereby certify that I have served the attached
    NOTICE OF WAIVER OF 120-DAY DECISION DEADLINE FOR AN
    ADDITIONAL 90
    DAYS 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 March 24, 2008; and upon:
    Carol Webb, Esq.
    Hearing
    Officer
    Illinois Pollution Control Board
    1021 North Grand Avenue East
    P.O. Box 19274
    Springfield, Illinois 62794-9274
    Division of Legal Counsel
    Illinois Environmental Protection Agency
    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 March 24, 2008.
    /s/ Thomas G. Safley
    Thomas G. Safley
    V ESU-003\Fi1\COS - Waiver 01
    Electronic Filing - Received, Clerk's Office, March 24, 2008
    BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    VESUVIUS USA CORPORATION,
    )
    Petitioner,
    )
    VS.
    )
    PCB 08-48
    (Permit Appeal - Air)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    )
    NOTICE OF WAIVER OF 120-DAY
    DECISION DEADLINE
    FOR AN ADDITIONAL 90 DAYS
    NOW
    COMES Petitioner, VESUVIUS USA CORPORATION (hereinafter
    "Petitioner"), by and through
    its attorneys, HODGE DWYER ZEMAN, pursuant to
    35 Ill. Admin. Code ยง 101.308(c)(2), and hereby agrees to waive
    the statutory 120-day
    decision deadline for final
    action by the Illinois Pollution Control Board in this
    proceeding for an additional 90 days,
    or until September 17, 2008. In support of this
    Notice,
    Petitioner states as follows:
    1.
    On March
    3,
    2008,
    Petitioner filed a Petition for Review of the Federally
    Enforceable State Operating Permit issued to Petitioner by the Illinois
    Environmental
    Protection Agency on January 28,
    2008. The current statutory decision deadline for this
    matter is June 19, 2008.
    2.
    Petitioner hereby voluntarily agrees to waive the statutory 120-day
    decision deadline for an additional
    90 days, or until September 17, 2008, in order to
    conduct settlement negotiations in this matter.
    Electronic Filing - Received, Clerk's Office, March 24, 2008
    WHEREFORE, Petitioner, VESUVIUS USA CORPORATION,
    prays that the
    Illinois Pollution
    Control Board accept this waiver of the statutory 120-day decision
    deadline for an additional 90 days for final
    action on Petitioner's appeal of the Federally
    Enforceable State Operating Permit issued to it by the Illinois Environmental
    Protection
    Agency.
    Respectfully
    submitted,
    VESUVIUS USA CORPORATION
    Petitioner,
    B y:
    /s/ Thomas G. Safley
    One of Its Attorneys
    Dated: March 24, 2008
    Katherine D. Hodge
    Thomas
    G. Safley
    HODGE DWYER
    ZEMAN
    3150 Roland Avenue
    Post Office Box 5776
    Springfield, Illinois 62705-5776
    (217)
    523-4900
    VESU-003\Fil\Waiver
    of 120-Day Decision Deadline 01
    Electronic Filing - Received, Clerk's Office, March 24, 2008

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