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 FILING
TO:
Mr. John T. Therriault
Assistant Clerk
Illinois Pollution Control Board
James
R. Thompson Center
100 West Randolph, Suite 11-500
cnlcago, Illinois 60601
(VIA ELECTRONIC MAIL)
Carol Webb, Esq.
Hearing Officer
Illinois Pollution Control Board
I021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
(VIA US MAIL)
I
the Illinois Pollution Control Board a
NOTICE OF WAIVER OF l20-DAY
DECISION DEADIJINE,
directed to the Illinois Pollution Control Board, a copy
IS
Respectfully submitted,
VESUVIUS USA CORPORATION,
Petitioner,
Dated: November 19,2008
Katherine D. Hodge
Lauren
C.
Lurkins
HODGE
DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois 62705-5776
(217) 523-4900
VESU:003IFil/NOF - Waiver 04
By:
/s/ Katherine D. Hodge
One
of Its Attorneys
THIS FILING SUBMITTED ON RECYCLED PAPER
Electronic Filing - Received, Clerk's Office, November 19, 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 nO-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
101.308(c)(2), and thereby agrees to waive the statutory l20-day decision deadline for final
action by the Illinois Pollution Control Board ("Board") in this proceeding until May 21,2009.
F\.I"'"H'"
PetlltlOner states as
1.
On March 3,2008, Petitioner filed a Petition
Review of the Federally
Operating Permit
to
PetitIoner by
Illinois Environmental Protec1tlOn
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.
4.
On July 24,2008, Petitioner filed a Notice of Waiver of l20-Day Decision. The
current statutory decision deadline is February 19,2009.
5.
Petitioner hereby voluntarily
to waive the statutory 120-day decision
deadline until May 21, 2009, in order
to conduct settlement negotiations in this matter,
Electronic Filing - Received, Clerk's Office, November 19, 2008
WHEREFORE, Petitioner, VESUVIUS USA CORPORATION, prays that the Illinois
Pollution Control Board accept this waiver
of the statutory 120-day decision deadline for final
action on Petitioner'sappeal
of the Federally Enforceable State Operating Permit issued to it by
the Illinois Environmental Protection Agency.
Respectfully submitted,
VESUVIUS
USA CORPORATION,
Petitioner,
Dated:
November 19,2008
Katherine D. Hodge
Lauren C. Lurkins
I-lODGE
DWYER ZEMAN
3150 Roland Avenue
Post
Box
Springfield, Illinois
1
By:
/s/ Katherine D. Hodge
One
of its Attorneys
VESU-003\Fil\Waiver of
Decision Deadline 04
2
Electronic Filing - Received, Clerk's Office, November 19, 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 DEADLlNE 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 November 19,2008; and upon:
Carol Webb, Esq.
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois
1021 North Grand
Post
Box 19276
depositing said documents in the United States Mail, postage prepaid, in Springfield, Illinois
on November 19,2008.
lsi
Katherine
D. Hodge
Katherine
D. Hodge
VESU:003/FiIlCOS -- Waiver 04
Electronic Filing - Received, Clerk's Office, November 19, 2008
