BEFORE THE ILLiNOIS POLLUTION CONTROL BcR~~~~ ~
THE PREMCOR REFINING
)
CLE1~K~.-
GROUP INC.,
)
)
Petitioner,
)
)
)
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
PCB No. 04-66
)
(RCRA Permit Appeal)
Respondent.
)
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
FIRST CLASS
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 ofthe Clerk of
the Illinois Pollution Control Board an original and nine copies ofPetitioner The Premcor
Refining Group Inc.’s, AMENDED NOTICE OF WAIVER OF 120-DAY DECISION
DEADLINE
FOR
AN ADDITIONAL NINETY
DAYS,
copies ofwhich are hereby
served upon you.
Respectfully submitted,
THE PREMCOR REFINING
GROUP INC.,
Petitioner,
Dated: June 24, 2005
Edward W. Dwyer
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois 62705-5776
(217) 523-4900
By:~
~
Edward W.
D~1~r
v.
JUN27 2005
STATE OF LLL~OIS
pollution ContrOt Board
)
)
)
THIS FILING SUBMITTED ON RECYCLED PAPER
CERTIFICATE OF SERVICE
I, Edward W. Dwyer, the undersigned, certify that I have served the attached
AMENDED NOTICE OF WAIVER OF 120-DAY DECISION DEADLINE FOR AN
ADDITIONAL NINETY DAYS, upon:
Ms. Dorothy M. Gunn
Clerk ofthe Board
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
Carol Webb, Esq.
Hearing Officer
Illinois Pollution Control Board
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, postage prepaid, in Springfield,
Illinois, on June 24, 2005.
•
__________
Edward W.~’wyer
PREM:OO5IRCRA Permit Appeal/NOF-COS
—
Notice of waiver8
BEFORE THE ILLINOIS POLLUTION CONTROL
F ~V EP
THE PREMCOR REFINING
)
CLERK’S OFFtC~
GROUP INC.,
)
JUN 27 2005
STATE OF U~.UNOIS
Petitioner,
)
Pollution Control Board
)
v.
)
PCB
No. 04-66
)
(RCRA Permit Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
AMENDED
NOTICE OF WAIVER OF 120-DAY
DECISION DEADLINE FOR AN ADDITIONAL NINETY DAYS
NOW COMES Petitioner, THE PREMCOR REFINING GROUP INC.
(“Petitioner”), by and through its attorneys, HODGE DWYER ZEMAN, pursuant to
35 Ill. Admin. Code § 101.105(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 ninety (90) days, or until January 17,
2006. In support ofthis Notice, the Petitioner states as follows:
1.
On January 13, 2004, Petitioner filed an Appeal ofAgency Determination
Regarding Request to Modify the Approved Closure Plan sent to Petitioner by the Illinois
Environmental Protection Agency (“Illinois EPA”) on September 10, 2003.
2.
On February 6, 2004, Petitioner filed a Notice ofWaiver of 120-day
decision deadline for an additional ninety (90) days, or until August 12, 2004. The Board
subsequently accepted this waiver.
3.
On March 31, 2004, Petitioner filed a Notice of Waiver of 120-day
decision deadline for an additional ninety (90) days, or until November 10, 2004. The
Board subsequently accepted this waiver, but set the decision deadline forNovember 4,
2004, due to the Board’s meeting being held on that date.
4.
On August
5,
2004, Petitioner filed a Notice of Waiver of120-day
decision deadline for an additional ninety (90) days, oruntil February 2, 2005.
5.
On October 8, 2004, Petitioner filed a Notice of Waiver of 120-day
decision deadline for an additional ninety (90) days, or until May 3, 2005.
6.
On December 28, 2004, Petitioner filed a Notice ofWaiver of 120-day
decision deadline for an additional ninety (90) days, oruntil August 1, 2005. The Board
subsequently accepted this waiver, but set the decision deadline for July 21, 2005, due to
the Board’s meeting beingheld on that date.
7.
On April 13, 2005, Petitioner filed a Notice of Waiver of 120-day decision
deadline for an additional ninety (90) days, or until October 19, 2005.
8.
The parties are currently engaged in discussions that should result in the
resolution ofthis matter. However, these efforts may extend beyond the statutory
decision deadline of October 19, 2005.
9.
Therefore, Petitioner hereby voluntarily agrees to an additional waiver of
the statutory 120-day decision deadline for an additional ninety (90) days, or until
January 17, 2006, to provide the parties with an opportunity to resolve this matter without
the need for hearing.
2
WHEREFORE, Petitioner, THE PREMCOR REFINING GROUP INC., prays
that the Illinois Pollution Control Board accept this waiver ofthe statutory 120-day
decision deadline for an additional ninety (90) days for final action on Petitioner’s
Appeal ofAgency Determination Regarding Request to Modify the Approved Closure
Plan.
Respectfully submitted,
THE PREMCOR REFINING
GROUP INC.,
Petitioner,
By:
4’
~
Edward W.
Dated: June 24, 2005
Edward W. Dwyer
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois
62705-5776
(217) 523-4900
PREM:005/RCRA Permit Appeal/Notice ofWaiver8
3
