BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    VESUVIUS
    USA CORPORATION,
    Petitioner,
    PCB 08-48
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    (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 US 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: May 27, 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/Fil/NOF - Waiver 02
    V ESUVIUS USA CORPORATION
    Petitioner,
    By:
    /s/ Thomas G. Safley
    One of Its Attorneys
    THIS FILING SUBMITTED ON RECYCLED PAPER
    Electronic Filing - Received, Clerk's Office, May 27, 2008
    CERTIFICATE OF SERVICE
    I, 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
    C hicago, Illinois 60601
    v ia
    electronic
    mail
    on
    May 27, 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 May 27, 2008.
    /s/ Thomas G. Safley
    Thomas G. Safley
    V ESU:003/Fil/COS - Waiver 02
    Electronic Filing - Received, Clerk's Office, May 27, 2008
    BEFORE
    THE ILLINOIS POLLUTION CONTROL BOARD
    VESUVIUS USA CORPORATION,
    )
    Petitioner,
    )
    v.
    )
    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
    35 111. 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 December 3, 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.
    2.
    On March 24, 2008, Petitioner filed a Notice of Waiver of
    120-Day
    Decision Deadline for an Additional 90
    Days. The current statutory decision deadline is
    September 4, 2008.
    3.
    Petitioner hereby voluntarily agrees
    to waive the statutory 120-day
    decision
    deadline for an additional 90 days, or until December 3, 2008, in order to
    conduct settlement negotiations in this
    matter.
    Electronic Filing - Received, Clerk's Office, May 27, 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.
    R espectfully submitted,
    V ESUVIUS USA CORPORATION
    Petitioner,
    B y:
    /s/ Thomas
    G. Safley
    One of Its Attorneys
    Dated: May 27, 2008
    K atherine 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 02
    Electronic Filing - Received, Clerk's Office, May 27, 2008

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