BEFORE THE ILLINOIS
POLLUTION CONTROL BOARD
THE PREMCOR REFINING
GROUP INC.,
Petitioner,
v .
PCB No. 04-66
ILLINOIS
ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
(RCRA Permit Appeal)
NOTICE OF FILING
TO: Ms. Dorothy M.
Gunn
Clerk of the Board
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
(VIA ELECTRONIC MAIL)
Carol Webb,
Esq.
Hearing Officer
Illinois Pollution
Control Board
1021 North Grand Avenue
East
Post Office Box
19274
Springfield, Illinois
62794-9276
(VIA FIRST CLASS
MAIL)
PLEASE TAKE NOTICE that
I have today filed with the
Office of the Clerk of
the Illinois
Pollution Control Board Petitioner, The
Premcor Refining Group Inc.'s,
NOTICE
OF WAIVER OF 120-DAY DECISION
DEADLINE FOR AN
ADDITIONAL 120 DAYS,
a copy of which is hereby served
upon you.
Respectfully
submitted,
Dated: April 18, 2007
Edward W. Dwyer
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield,
Illinois 62705-5776
(217) 523-4900
THE PREMCOR REFINING
GROUP
INC.,
Petitioner,
By: /a/ Edward
W. Dwver
Edward W. Dwyer
THIS FILING SUBMITTED
ON RECYCLED PAPER
Electronic Filing, Received, Clerk's Office, April 18, 2007
CERTIFICATE OF SERVICE
1, Edward W. Dwyer, the undersigned, hereby certify that I have
served the
attached NOTICE OF WAIVER OF 120-DAY DECISION DEADLINE FOR AN
ADDITIONAL 120 DAYS upon:
Ms. Dorothy M. Gunn
Clerk of the Board
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
via electronic mail on April 18,
2007; and upon,
Carol Webb, Esq.
Hearing Officer
Illinois
Pollution Control Board
1021 North Grand Avenue East
Post Office Box 19274
Springfield, Illinois 62794-9274
Greg Richardson, Esq.
Division of Legal 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 18, 2007.
/s/ Edward W. Dwver
Edward W. Dwyer
P REM:005/RCRA Permit Appeat NOF-COS-Notice
of WeiverM
Electronic Filing, Received, Clerk's Office, April 18, 2007
BEFORE THE ILLINOIS
POLLUTION CONTROL BOARD
THE PREMCOR REFINING
)
GROUP INC.,
)
Petitioner,
)
)
v.
)
PCB No. 04-66
(RCRA Permit Appeal)
ILLINOIS
ENVIRONMENTAL
)
PROTECTION
AGENCY,
)
Respondent.
)
NOTICE OF WAIVER OF 120-DAY
DECISION DEADLINE
FOR AN ADDITIONAL
120 DAYS
NOW COMES Petitioner, THE PREMCOR
REFINING GROUP INC.
("Petitioner"), by and through its
attorneys, HODGE DWYER ZEMAN, pursuant to
35 Ill. Admin. Code
ยง
101.308(c),
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 120 days,
or until February 8, 2008. In
support of
this Notice, the Petitioner states as follows:
1.
On January
13, 2004, Petitioner filed an Appeal
of Agency Determination
Regarding
Request to Modify the Approved Closure
Plan sent to Petitioner
by the Illinois
Environmental Protection
Agency on September 10, 2003.
2.
On February 6, 2004, Petitioner filed
a Notice of Waiver of 120-day
decision deadline for an additional
ninety (90) days, or until
August 12, 2004. The Board
subsequently accepted this waiver.
3 .
Petitioner has timely
sought and obtained waivers
of the decision
deadlines so that
negotiations with the State might
continue. Counsel for Respondent
has
concurred in this approach.
Electronic Filing, Received, Clerk's Office, April 18, 2007
4.
The
parties are currently engaged in discussions that
should result in the
resolution of this matter. However,
these efforts may extend beyond the decision
deadline
of October 11, 2007.
5.
Therefore, Petitioner hereby voluntarily
agrees to an additional waiver of
the statutory 120-day decision
deadline for an additional 120
days, or until February 8,
2008, to provide the parties with an opportunity
to resolve this matter without the
need
for hearing.
WHEREFORE, Petitioner, THE PREMCOR REFINING
GROUP INC., prays
that the Illinois Pollution Control Board
accept this waiver of the statutory
120-day
decision deadline for an additional 120 days for
final action on Petitioner's Appeal
of
Agency Determination Regarding Request to Modify
the Approved Closure Plan.
Respectfully submitted,
THE PREMCOR REFINING
GROUP INC.,
Petitioner,
By:
/a/ Edward W Dwver
Edward W. Dwyer
Dated: April 18, 2007
Edward
W. Dwyer
HODGEDWYERZEMAN
3 150 Roland Avenue
Post
Office Box 5776
Springfield, Illinois
62705-5776
(217) 523-4900
PREM:005/RCRA Permit Appeal/Notieo of Waiverl5
Electronic Filing, Received, Clerk's Office, April 18, 2007