IN

THE

MATTER

OF:

WASTE MANAGEMENT

OF

ILLINOIS,

INC.,

V.

Petitioner,

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY,

Respondent.

CLER

h

OrrI

SEP

1

02008

STATE

OF

ILLINOIS

Pollution

Control ord

NOTICE

OF

FILING

To:

Dorothy

M.

Gunn,

Clerk

Illinois

Pollution

Control

Board

100

West

Randolph

- Suite

11-500

Chicago,

IL

60601.

Douglas

Scott,

Director

Illinois

Environmental

Protection

Agency

1021

N.

Grand

Ave.

East

P.O.

Box

19274

Springfield,

IL

62794-9274

PLEASE

TAKE

NOTICE

that

on

September

10,

2008,

there

was

filed

with

the

Illinois

Pollution

Control

Board

the

attached

Open

Waiver

of

the Statutory

Decision

Deadline,

a

true

and

correct

copy

of

which

is

herewith

served

upon

you.

Peter

J.

Kelly

Vedder

Price

P.C.

222

North

LaSalle

Street

Suite

2600

Chicago,

Illinois

60601

(312)

609-7500

Firm

ID No.

44284

Dated:

September 10,

2008

Respectfully

submitted,

BEFORE

THE

POLLUTION

CONTROL

BOARD

OF

THE

STATE

OF

ILLINOIS

No.

PCB

08-101

Waste

One

of

Its

CHICAGO/#1806476.2

---

CERTIFICATE

OF

SERVICE

The

undersigned

certifies

that

true

and

correct

copies

of

the

foregoing

Open

Waiver

of

Statutory

Decision

Deadline

were

served

on

Dorothy

M.

Gunn,

Clerk

Illinois

Pollution

Control

Board

100

West

Randolph

-

Suite

11-500

Chicago,

IL

60601

Jason

R.

Boltz,

Esq.

Water

Enforcement

Unit

Illinois

EPA

1021

North

Grand

Avenue

East

P.O.

Box

19276

Springfield,

IL

62794-9276

by

depositing

the

same

in

the

U.S.

mail,

first-class

Chicago,

Illinois

60601-1003

by

5:00

p.m.

on

S

Douglas

Scott,

Director

Illinois

Environmental

Protection

Agency

1021

N.

Grand

Ave.

East

P.O.

Box

19274

Springfield,

IL

62794-9274

Carol

Webb

Hearing

Officer

Illinois

Pollution

Control

Board

1021

N.

Grand

Avenue

East

P.O.

Box

19274

Springfield,

IL

62794-9274

at

222

North

LaSalle

Street,

CHICAGO/#

1806476.2

---

ECEVED

CLERK’S

OFFICE

BEFORE

THE

POLLUTION

CONTROL

BOARD

SEP

OF

102008

THE

STATE

OF

ILLINOIS

STATE

OF

ILLINOIS

Pollution

Control

IN

Board

THE

MATTER

OF:

WASTE

MANAGEMENT

OF

ILLINOIS,

INC.,

Petitioner,

v.

No.

PCB

08-101

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY,

Respondent.

OPEN

WAIVER

OF

STATUTORY

DECISION

DEADLINE

Waste

Management

of

Illinois,

Inc.

(“WMIL”)

filed

a

petition

for

review

of

the

NPDES

permit

No.

IL0075523

issued

by

the

Illinois

Environmental

Protection

Agency

(the

“Agency”)

on

May

22,

2008

(the

“Permit”).

This

Permit

is

being

appealed

pursuant

to

§40.2

of

the

Illinois

Environmental

Protection

Act

(“Act”),

415

ILCS

5/40.2,

and

35

Ill.

Admin.

Code

§

105.100

et

çq.

WMIL

is

in

continuing

discussions

with

the

Agency

to

resolve

the

issues

raised

by

the

Permit

Appeal.

WHEREFORE,

the

Petitioner

respectfully

waives

the

Statutory

Decision

Deadline

completely

and

unequivocably

until

Petitioner

elects

to

reinstate

the

120-day

decision

period

and

files

an

appropriate

notice

with

the

Board.

(See

Title

35

Section

101.308

c)

1.)

1

CHICAGO/#I

806479.2

---

Peter J. Kelly

Vedder Price P.C.

222

North LaSalle Street

Suite 2600

Chicago, Illinois 60601

(312)

609-7500

Firm ID No. 44284

Dated: September 10, 2008

2

CHICAGO/# 18064792