BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
LONE STAR INDUSTRIES, INC.,
Petitioner,
VS.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
NOTICE OF FILING
TO: Mr. 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)
PCB 07-71
(Construction Permit Appeal)
C arol Webb, Esq.
Illinois Pollution Control Board
1021 North Grand Avenue East
Post Office Box 19274
Springfield, Illinois 62794-9274
(VIA FIRST CLASS MAIL)
(SEE
PERSONS
ON
ATTACHED SERVICE LIST)
PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk of
the Illinois Pollution Control Board a NOTICE OF WAIVER OF 120-DAY
DECISION DEADLINE FOR AN ADDITIONAL
60
DAYS,
a copy of which is
herewith served upon you.
Respectfully submitted,
D ated: April 4, 2008
K atherine D. Hodge
Thomas G. Safley
HODGE DWYER ZEMAN
3150
Roland Avenue
Post Office Box
5776
Springfield, Illinois 62705-5776
(217) 523-4900
LONE STAR INDUSTRIES, INC.,
Petitioner,
By:
/s/ Thomas
G. Safley
One of Its Attorneys
THIS FILING SUBMITTED ON RECYCLED PAPER
Electronic Filing - Received, Clerk's Office, April 4, 2008
CERTIFICATE
OF SERVICE
I, Thomas G. Safley, the undersigned, hereby certify that I have served
the
attached NOTICE OF WAIVER OF 120-DAY
DECISION DEADLINE FOR AN
ADDITIONAL 60 DAYS
upon:
Mr. John T. Therriault
Assistant Clerk of the Board
Illinois Pollution
Control Board
100 West Randolph Street
Suite 11-500
C hicago, Illinois 60601
via electronic mail on
April 4, 2008; and upon:
Carol Webb, Esq.
Hearing Officer
Illinois Pollution Control Board
1021 North Grand
Avenue East
Post Office Box 19274
Springfield, Illinois 62794-9274
Robb H. Layman, Esq.
Assistant 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, postage prepaid, in Springfield,
Illinois on April 4, 2008.
/s/ Thomas G. Safley
Thomas G. Safley
LONE:001/Fil/NOF-COS -Notice of Waiver6
Electronic Filing - Received, Clerk's Office, April 4, 2008
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
LONE STAR INDUSTRIES, INC.,
)
Petitioner,
)
V S.
)
PC13 07-71
(Construction Permit Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
)
N OTICE OF WAIVER OF 120-DAY
DECISION DEADLINE FOR AN ADDITIONAL 60 DAYS
N OW COMES Petitioner, LONE STAR INDUSTRIES, INC., d/b/a Buzzi
Unicem USA
(hereinafter "Petitioner"),
by and through
its attorneys, HODGE
DWYER
ZEMAN, pursuant to 35 Ill. Admin. Code ยง 101.308(c)(2), and hereby agrees to waive
the statutory 120-day decision deadline
for final
action by the
Illinois Pollution
Control
Board in this proceeding for an additional 60 days, or until September 18, 2008. In
support of this Notice, Petitioner states as follows:
1.
On January
29, 2007, Petitioner filed
a
Petition
for Review of the revised
construction permit granted to Petitioner by the Illinois Environmental Protection Agency
on December 22, 2006.
2.
On January 8, 2008, Petitioner filed its fifth Notice of Waiver
of 120-Day
Decision Deadline in this matter. The current statutory deadline for this matter is
July 20, 2008.
3 .
Petitioner hereby voluntarily agrees to waive the statutory 120-day
decision deadline for an additional 60 days, or until September 18, 2008, in order to
continue to conduct settlement negotiations in this matter.
Electronic Filing - Received, Clerk's Office, April 4, 2008
WHEREFORE, Petitioner, LONE STAR INDUSTRIES, INC., d/b/a Buzzi
Unicem USA, prays that the Illinois
Pollution
Control Board accept this waiver of the
statutory 120-day decision deadline for an additional 60 days for final action
on
Petitioner's appeal of the revised construction permit issued to it by the Illinois
Environmental Protection Agency.
Respectfully submitted,
LONE STAR INDUSTRIES, INC.,
Petitioner,
B y:
/s/ Thomas G. Safley
One of Its Attorneys
Dated: April 4, 2008
K atherine D. Hodge
Thomas G. Safley
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois 62705-5776
(217)
523-4900
L ONE:001/Fil/Notice of Waiver6
Electronic Filing - Received, Clerk's Office, April 4, 2008