BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JOHN
C. BLiCKHAN,
Petitioner,
vs.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
John Therriault
Assistant Clerk
of the
Board
Illinois Pollution Control Board
100 West Randolph Street, Suite 11 -500
Chicago,IL 60601 -3218
Carol Webb
Hearing Officer
lIIinois Pollution Control Board
100 West Randolph Street, Suite 11 -500
Chicago, IL 60601-3218
)
)
)
)
)
)
)
)
)
)
Case No.
PCB 2008-59
(Permit Appeal - Land)
NOTICE
James
G.
Richardson, Asst. Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
Thomas Davis, Asst. Attorney General
Chief, Environmental Bureau
Office of the Illinois Attorney General
500 South Second Street
Springfield,
IL 62706
PLEASE
TAKE NOTICE that I have today caused to be electronically filed a
Time
Certain Waiver
of Statutory Decision Deadline
with the Illinois Pollution Control Board, copies
of which are served upon you.
Dated: July 13 , 2009
Jon S. Faletto
HINSHAW
&
CULBERTSON LLP
416 Main Street - 6
111
Floor
Peoria, IL 61602-3126
309-674-1025
309-674-9328 (fax)
jfaletto@hinshawlaw.com
Respectfully Submitted,
::be~
BEFORE T HE ILLINOIS POLLUTION CONTROL BOARD
JOHN
BLICKHAN ,
Petitioner,
VS.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Responden
t.
)
)
)
)
)
)
)
)
Case No. PCB 08-59
(Permit Appeal - Land)
TIME CERT AIN WAIVER OF STATUTORY DECISION DEADLINE
NOW COMES the Petitioner, JOHN BLICKHAN, pursuant to 35 III. Admin. Code
ยง I OI.308(c){2) and files hi s
Time Cer
tain Waiver of Statutory Decisi
on Deadline
to extend the
current statutory deadline for a final Board decision in this proceeding as specified in Section 40
of thc Illinois Environmental Protection Act, 415 ILCS
5
/
40
(the "Act").
In support of its
Time Certain Waiver of Statutory Decision Deadline,
Petitioner states:
I.
On June 27, 2008, Petitioner timely filed its
Petition for Review
to appeal a
February 22,
2008, determination of the Illi n
ois Environmental Protection Agency ("TEPA" or
"Agency"), which denied Petitioner's application for completion of the post.c!osure care period
for the closed B
lickhan Landfill. The statutory deadline for filing the Petition had been extended
by the Board's Order entered Mareh 28, 2008, pursuant to a stipulation and request of the
Parties.
2.
On July 10, 2008, the Board issued an Order accepting Petitioner's
Petition for
Review
for hearing and decision on the issues presented.
3.
Petitioner and Respondent (collectively the "Parties"), have undertaken
preliminary discussions to explore the possibility
of settlement.
4.
Technical and legal representatives
fo r the Parties have rnet on several occasion
s
to atternpt to resolve the technical matters raised
in this Appeal.
8028S802vl 67628
Electronic Filing - Received, Clerk's Office, July 13, 2009
5.
As directed by Respondent's technical representatives, Petitioner's environmental
consultant proceeded with additional groundwater monitoring to address technical questions and
assembled historic sampling results and background information. The Parties are planning to
meet
in August 2009 to discuss that infonnation and the results of the agreed additional
groundwater investigations submitted to
IEPA officials for their review and consideration.
6.
If this matter can be resolved by settlement, the expenditure of time and resources
associated with proceeding to hearing and final Board decision will be avoided. To allow
sufficient time
for the Parties to meet to discuss the add itional information provided by Petitioner
and attempt to reach
ab'feement allowing informal resolution of this matter, Petitioner waives the
current statutory decision deadline
of September 17, 2009, and requests an extension to
December 31,
2009, for the Board's decision in this proceeding.
Dated: July
13,2009
Jon S. Faletto
Hinshaw
&
Culbertson LLP
416 Main St., 6
1h
Floor
Peoria, IL 61602-1220
309-674-1025
Respectfully Submitted,
. BLICKHAN, Petitioner
CERTIFICATE OF SERVICE
I hereby certify that I did on July 13, 2009, electronically file a true and correct copy of
the attached instrument entitled
Time Certain Waiver a/Statutory Decision Deadline,
and served
the following by depositing a copy in the U.S. mail addressed as follows:
Thomas Davis, Asst. Attorney General
Chief, E
nvironmental Bureau
Office of the Illinois Attorney General
500 South Second Street
Springfield, IL 62706
Carol Webb
Hearing Officer
Illinois Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago,IL 60601-3218
Dated: January 13, 2009
James
G.
Richardson, Asst. Counsel
Illinois Environmental
Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield,IL 62794-9276
Respectfully Submitted,
::beh(y-@>
Jon S. Faletto
HINSHAW
&
CULBERTSON LLP
416 Main Street - 6
th
Floor
Peoria, IL 61602-3126
309-674-1025
309-674-9328 (fax)
jf
aletto(a)hinshawlaw.com
80275883v1 67628
