BEFORE THE ILLINOIS
    POLLUTION CONTROL BOARD
    USA CORPORA
    ioner,
    on Center
    PCB
    08-48
    )
    NVIRONMENTAL
    ION,
    (Permit
    PROTECTION AGENCY,
    NOTICE OF FILING
    TO: Mr. John T. Therriault
    Illinois Pollution
    Control Board
    Randolph, Suite 1.1-500
    cago, Illinois
    60601
    (VIA ELECTRONIC
    MAIL)
    Illinois
    627,94-9274
    Air)
    Carol Webb, Escl.
    Hearing
    Officer
    Illinois Pollution
    Control Board
    1021 North Grand Avenue East
    P.O. Box
    19274
    )
    hat I have today filed with the
    Office o
    ntrol Board a NOTICE OF WAIVER OF 120-DAY
    Illinois
    Pollution Control Board, a conv of
    Respectfully submitted,
    ted: April 14, 2009
    oland Avenue
    P ost Office Box 55776
    S pringfield, Illinois 62705-5776
    (217) 523-4900
    CORPORATION,
    By: /s/ Katherine
    D. Hods
    One
    of Its Attorneys
    UBMITTED ON RECYCLED PAPER
    Electronic Filing - Received, Clerk's Office, April 14, 2009

    BEFORE THE ILLINOIS POLLUTION
    CONTROL BOARD
    VESUVIUS
    USA CORPORATION,
    )
    er,
    )
    v .
    ILLINOIS ENVIRON
    PROTECTION AGENCY,
    08-48
    Appeal --
    Respondent.
    )
    NOW
    COMES Petitioner, VESUVIUS USA CORPORATION (herein
    r"), by and through its attorneys, HODGE
    DWYER & DRIVER, pursuant to 35
    Ill. Admin.
    Code
    ยง
    101.308(c)(2), and hereby agrees to waive the statutory 120-day
    ion deadline for final
    action by the Illinois Pollution Control Board ("Board") in this
    proceeding
    until November 19, 2009. In support of th
    1.
    On March 3, 2008, Petitioner filed a Petition
    for Review of the Federally
    forceable
    State Operating Permit issued to Petitioner by the Illinois Environmental
    Protection Agency on January 28, 2008.
    2.
    On
    March 24, 2008,
    r filed
    of
    120-Day
    ion Deadline for an Additional 90 Days, or until
    September 17, 2008.
    3.
    On
    May 27, 2008,
    Petitioner filed a Notice of Waiver of 120-Day
    Decision Deadline for an Additional 90 Days, or until December 3, 2008.
    my 24, 2008, Petitioner
    fled a Notice of Waiver of 120-Day Decision
    me
    until February 19, 2009.
    Electronic Filing - Received, Clerk's Office, April 14, 2009

    5.
    On November 19, 2008, Petitioner filed a Notice
    of Waiver of 120-Day
    Decision Deadlii
    y
    2 2009.
    6.
    On February 5, 2009
    of the statutory
    120-day decision
    Decision Deadline until August
    20, 2009, which is the current statutory deadline.
    ioner hereby voluntarily
    agrees to waive the statutory 120-day
    decision deadline unti
    vember 19, 2009, in order to conduct
    settlement negotiations in
    VESUVIUS USA CORPORATION,
    prays that the
    Illinois Pollution Control Board accept
    deadline
    for final action on Petitioner's
    appeal of the Federal]
    Operating Permit issued to
    it by the Illinois Environmental
    Protection Agency.
    Respectfully submitted,
    VESUVIUS US
    Dated: April 14, 2009
    VER
    3150 Roland
    Avenue
    Post Office
    Box 5776
    Illinois 62705-5776
    -4900
    By:
    of Waiver of 120-Day
    RATION,
    VFSU-003\Fit\Waiver of 120-Day Decision
    Deadline
    Electronic Filing - Received, Clerk's Office, April 14, 2009

    IFICATE
    OF S VICE
    I, Katherine D. Hodge, the
    undersigned, hereby certify that I have served
    the
    attached
    NOTICE OF WAIVER OF 120-DAY DECISION
    DEADLINE upon:
    T.
    11-500
    Illinois Pollution
    Control Board
    100 West Randolph Street
    o, Illinois 60601
    via electronic mail on A 1 14, 2009; and upon:
    Carol
    Webb,
    Esq.
    Hearing Officer
    Illinois Pollution Control Board
    1021 North Grand Avenue East
    Post
    Office
    Box
    19274
    Springfield,
    74
    egal Counsel
    f the Board
    nmental Protection Agency
    Grand Avenue East
    ox 19276
    ingfield, Illinois
    627949276
    said documents in the
    on April 14, 2009.
    repaid, in Springfield,
    V ESU:O03/Fil/NOF d'u UOS-- Waiver 06
    Electronic Filing - Received, Clerk's Office, April 14, 2009

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