BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
VESUVIUS USA CORPORATION,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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PCB 08-48
(Pennit 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)
E
NOTICE that I have
filed with the Office
the Clerk
the Illinois Pollution Control Board a
NOTICE OF WAIVER OF 120-DAY
DECISION DEADLINE,
directed to the Illinois Pollution Control Board, a copy
of
IS
Respectfully submitted,
VESUVIUS USA CORPORATION
Petitioner,
Dated: July 24,2008
Katherine D. Hodge
Lauren
C.
Lurkins
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois 62705-5776
(217) 523-4900
VESU;003/FilINOF -- Waiver 03
By:
/s/ Katherine D. Hodge
One
of Its Attorneys
THIS nLING SUBMITTED ON RECYCLED PAPER
Electronic Filing - Received, Clerk's Office, July 24, 2008
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
VESUVIUS USA CORPORATION,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent
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PCB 08-48
(Permit Appeal
- Air)
NOTICE OF WAIVER OF 120-DAY DECISION DEADLINE
NOW COMES Petitioner, VESUVIUS USA CORPORATION (hereinafter
"Petitioner"),
by and through its attorneys, HODGE DWYER ZEMAN, pursuant to
35
IlL Adm. Code ยง 1OI.308(c)(2), and hereby
to waive the statutory 120-day
decision deadline
final action
by the Illinois Pollution Control Board CBoard") in this
proceeding until February 19,2009. In support
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,
or until September 17,2008.
3.
On May 27, 2008, Petitioner filed a Notice of Waiver of l20-Day
Decision Deadline for an Additional 90 Days, or until December
2008. Due to the
Board's meeting schedule, the actual current decision deadline is November 16,2008.
Electronic Filing - Received, Clerk's Office, July 24, 2008
4.
Petitioner hereby voluntarily agrees to waive the statutory 120-day
decision deadline until February
19, 2009, in order to conduct settlement negotiations in
this matter.
WHEREFORE, Petitioner, VESUVIUS USA CORPORATION, prays that the
Illinois Pollution Control Board accept this waiver
ofthe statutory 120-day decision
deadline 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,
One
of Its Attorneys
Dated: July 24, 2008
Katherine D.
HI,",(I<1"
Lauren C. Lurkins
HODGE DWYER ZEMAN
3150 Roland
Post Office
Springfield, Illinois 62705-5776
(217) 523-4900
VESU:003/Fi1/Waiver of 120-Day Deeision Deadline 03
2
Electronic Filing - Received, Clerk's Office, July 24, 2008
CERTIFICATE OF SERVICE
I, Katherine D. Hodge, the undersigned, hereby certify that I have served the attached
NOTICE OF WAIVER OF 120-DAY DECISION DEADLINE 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 July 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
1021 North Grand Avenue
Post Office Box 19276
SpnnJgfH:ld,
Illinois
by depositing said documents in the United
on July 24, 2008.
VESU:003/FiIlCOS Waiver 03
Mail, postage prepaid, in Springfield, Illinois
/s/ Katherine D. Hodge
Katherine D. Hodge
Electronic Filing - Received, Clerk's Office, July 24, 2008
