RECEIVED
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD CLERK’S OFFICE
RED ROOSTER CORPORATION (f/kla
CLARK RETAIL ENTERPRISES, iNC.)
(CLARK OIL #2086) (December 6, 2004
IEPA determination),
)
Petitioner,
V.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
)
)
)
)
)
)
)
PCB No. 05-125
)
(UST Appeal)
)
)
)
APR 2 92005
STATE OF ILLINOIS
Pollution Control Board
Respondent.
)
NOTICE OF FILliNG
TO:
Ms. Dorothy M. Gunn
Clerk of the Board
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
(VIA FIRST CLASS MAIL)
Carol Webb, Esq.
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
Post Office Box 19274
Springfield, Illinois 62794-9274
(VIA
FIRST CLASS MAIL)
PLEASE TAKE NOTICE that I have today filed with the Office ofthe Clerk of
the illinois Pollution Control Board an original and nine copies ofPetitioner Red Rooster
Corporation f/k/a Clark Retail Enterprises, Inc.’s, NOTICE
OF
WAIVER OF 120-DAY
DECISION
DEADLINE
FOR
AN
ADDITIONAL SIXTY DAYS,
copies ofwhich are
Respectfully submitted,
Dated: April 27, 2005
Edward W. Dwyer
Thomas G. Safley
Kent E. Mohr, Jr.
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois 62705-5776
(217) 523-4900,
RED ROOSTER CORPORATION f/k/a
CLARK RETAIL ENTERPRISES, INC.,
hereby served upon you.
By:
One
TifiS FILING SUBMITTED ON RECYCLED PAPER
CERTIFICATE OF SERVICE
I, Thomas G. Safley, the undersigned, certify that I have served the attached
NOTICE OF WAIVER OF 120-DAY DECISION DEADLINE FOR AN ADDITIONAL
SIXTY DAYS, upon:
Ms. Dorothy M. Gunn
Clerk of the Board
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
Carol Webb, Esq.
Hearing Officer
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Post Office Box 19274
Springfield, Illinois 62794-9274
John J. Kim, Esq.
Division ofLegal 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, postageprepaid, in Springfield,
Illinois, on April 27, 2005.
RRCO:OO1/Fi1INOF-COS
-
Waiver
BEFORE THE ILLINOIS POLLUTION CONTROL BO~
c ~~v
E D
CLERK’S OFFICE
RED ROOSTER CORPORATION (f/k/a
)
CLARK RETAIL ENTERPRISES, iNC.
)
APR 292005
(CLARK OIL #2086) (December 6, 2004
)
e ermina ion,
Pollution Control
Board
Petitioner,
)
)
v.
)
PCB No. 05-125
)
(UST Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
‘
)
NOTICE OF
WAIVER
OF 120-DAY
DECISION DEADLINE FOR AN ADDITIONAL SIXTY DAYS
NOW COMES Petitioner,
RED ROOSTER
CORPORATION f/k/a CLARK
RETAIL ENTERPRISES, INC. (“Petitioner”), by and through its attorneys, HODGE
DWYER ZEMAN, pursuant to 35 Ill. Admin. Code
§
l01.105(c)(2), and hereby agrees to
waive the statutory 120-day decision deadline for final action by the Illinois Pollution
Control Board (“Board”) in the above-referenced proceeding for an additional 60 days, or
until October 3, 2005. In support ofthis Notice, the Petitioner states as follows:
1.
On April 14, 2005, Petitioner filed a Petition for Review ofthe
December 6, 2004, determination by the Illinois Environmental Protection Agency
(“Illinois EPA”). Pursuant to the Board’s Order, dated April 22, 2005, the current
statutory decision deadline for this matter is August 4, 2005.
2.
Petitioner hereby voluntarily agrees to a waiver ofthe statutory 120-day’
decision deadline for an additional 60 days, oruntil October 3, 2005, in order to conduct
discussions with Respondent regarding the resolution ofthis matter.
WHEREFORE, Petitioner, RED ROOSTER CORPORATION f/k/a CLARK
RETAIL ENTERPRISES, INC., prays that the Illinois Pollution Control Board accept
this waiver ofthe statutory 120-day decision deadline for an additional 60 days for final
action on Petitioner’s Petition for Review of the December 6, 2004 determination issued
to it by the Illinois Environmental Protection Agency, and that the Board award Petitioner
all other relief just and proper in the premises.
Respectfully submitted,
RED ROOSTER CORPORATION f/k/a
CLARK RETAIL ENTERPRISES, INC.
Petitioner,
By:___
One of Its A~6~n~—~
Dated: April 27, 2005
Edward W. Dwyer
Thomas G. Safley
Kent E. Mohr, Jr.
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois 62705-5776
(217) 523-4900
RRCO:OOlfFilINotice ofWaiver
2
