PCB No. 04-47
(CAAPP Permit Appeal)
RECEIVED
CLERK’S OFACE
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JAN 22 2004
)
Respondent.
)
NOTICE
OF
FILING
TO:
Ms. Dorothy M. Gunn
Clerk ofthe Board
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
(VIA FIRST CLASS MAIL)
Carol Sudman, Esq.
Hearing Officer
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 LIST)
PLEASE
TAKE
NOTICE that I have today filed with the Office ofthe Clerk of
the Illinois Pollution Control Board an original and nine copies of a
NOTICE OF OPEN
WAIVER
OF 120-DAY DECISION
DEADLINE, a copy ofwhich is herewith served
upon you.
Respectftilly submitted,
Dated: January 19, 2004
N. LaDonna Driver
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois 62705-5776
(217) 523-4900
SAINT-GOBAIN CONTAINERS, INC.,
Petitioner,
By:
‘~~7
(_7
N. LaDonna Driver
BEFORE THE ILLINOIS POLLUTION CONTROL
SAINT-GOBAIN CONTAINERS, INC.,
)
a Delaware corporation,
)
)
Petitioner,
)
OF LUNOIS
Board
)
V.
)
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
THIS
FILING
IS SUBMITTED ON RECYCLED PAPER
CERTIFICATE OF SERVICE
I, N. LaDonna Driver, the undersigned, hereby certify that I have served copies of
the attached NOTICE OF OPEN WAIVER OF 120-DAY DECISION DEADLINE,
upon:
Ms. Dorothy M. Gunn
Clerk ofthe Board
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
Carol Sudman, Esq.
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
Post Office Box 19274
Springfield, Illinois 62794-9274
Robb H. Layman, Esq.
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Post Office Box 19276
—
Mail Code #21
Springfield, Illinois 62794-9276
by depositing said documents in the United States Mail, postage prepaid, in Springfield,
Illinois, on January 19, 2004.
//
~
).
~‘
N. LaDonna Driver
SGCO:OO1/FiIINOF
—
Open Waiver
RECEIVED
CLERK’S OFFICE
JAN 22 2004
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
STATE OF IWNOIS
SAINT-GOBAIN CONTAINERS, INC.,
)
Pollution Control Board
a Delaware corporation,
)
)
Petitioner,
)
)
v.
)
PCB
No. 04-47
)
(CAAPP Permit Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
NOTICE OF OPEN WAIVER OF 120-DAY DECISION DEADLINE
NOW COMES Petitioner, SAINT-GOBA1N CONTAINERS, INC. (hereinafter
“Saint-Gobain” or “Petitioner”), by its attorneys HODGE DWYER ZEMAN (“HDZ”),
pursuant to 35111. Admin. Code
§
101.308(c)(1), and hereby agrees to an open waiver of
the statutory 120-day decision deadline for final action by the Illinois Pollution Control
Board (“Board”) in the above-referenced proceeding. In support ofthis Notice, the
Petitioner states as follows:
1.
On September 30, 2003, Petitioner filed a Petition for Review of the Clean
Air Act Permit Program (“CAAPP”) permit granted to Saint-Gobain by the Illinois
Environmental Protection Agency (“Illinois EPA”) on August 26, 2003. Based upon the
date offiling, the statutory decision deadline in this matter was January 28, 2004 (i.e.,
120 days from September 30, 2003).
2.
On October 16, 2003, the Board accepted this matter for hearing.
3.
On October 23, 2003, Petitioner filed a Notice of Waiver of 120-Day
Decision Deadline for an Additional 90 Days. The current statutory decision deadline is
April 27, 2004.
4.
Petitioner hereby voluntarily agrees to an open waiver ofthe statutory
120-day decision deadline in order to conduct settlement negotiations in this matter.
WHEREFORE, Petitioner, SAThTT-GOBAIN CONTAINERS, INC., prays that
the Illinois Pollution Control Board accept this open waiver ofthe statutory 120-day
decision deadline for final action on Petitioner’s Petition for Review ofthe CAAPP
permit issued to it by the Illinois Environmental Protection Agency.
Respectfully submitted,
SAINT-GOBAIN CONTAINERS, INC.,
Petitioner
By:____________
N. LaDonna Driver
Dated: January 19, 2004
N. LaD onna Driver
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois 62705-5776
(217) 523-4900
SGCO:OOl/FilIOpen Waiver
2