1. NOTICE OF FILING
      2. (VIA ELECTRONIC MAIL)
      3. NOTICE OF WAIVER OF 120-DAY DECISION DEADLINE
      4. CERTIFICATE OF SERVICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
VESUVIUS USA CORPORATION,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION
AGENCY,
Respondent.
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PCB 08-48
(Permit
Appeal- Air)
NOTICE OF FILING
TO:
Mr. John T. Therriault
Assistant Clerk
Illinois Pollution Control Board
James
R. Thompson Center
100 West Randolph, Suite 11-500
Chicago, Illinois 60601
(VIA ELECTRONIC MAIL)
Carol Webb, Esq.
Hearing
Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
(VIA US MAIL)
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,
directed to the Illinois Pollution Control Board, a copy of which is herewith
served upon you.
Dated: November
23,2009
Katherine D. Hodge
Lauren C. Lurkins
HODGE DWYER
&
DRIVER
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois 62705-5776
(217)
523-4900
Respectfully submitted,
VESUVIUS USA CORPORATION,
Petitioner,
By:
/s/ Katherine D. Hodge
One of its Attorneys
THIS FILING SUBMITTED ON RECYCLED PAPER
Electronic Filing - Received, Clerk's Office, November 23, 2009
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
VESUVIUS USA CORPORATION,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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)
)
)
)
)
)
)
)
)
PCB 08-48
(Permit
Appeal - Air)
NOTICE OF WAIVER OF 120-DAY DECISION DEADLINE
NOW COMES Petitioner, VESUVIUS USA CORPORATION (hereinafter
"Petitioner"), by and through its attorneys, HODGE DWYER
&
DRIVER, 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 ("Board") in this
proceeding until May
6,2010. In support of this Notice, Petitioner states as follows:
1.
On March 3, 2008, Petitioner filed a Petition for Review of the Federally
Enforceable State Operating Permit issued to Petitioner by the Illinois Environmental
Protection Agency on January 28,2008.
2.
On March 24,2008, Petitioner filed a Notice of Waiver of 120-Day
Decision Deadline for an Additional 90 Days, or until September 17, 2008.
3.
On May 27,2008, Petitioner filed a Notice of Waiver of 120-Day
Decision Deadline for an Additional 90 Days, or until December 3, 2008.
4.
On July 24,2008, Petitioner filed a Notice of Waiver of 120-Day Decision
Deadline until February
19,2009.
5.
On November 19,2008, Petitioner filed a Notice of Waiver of 120-Day
Decision Deadline until May 21, 2009.
Electronic Filing - Received, Clerk's Office, November 23, 2009
6.
On February 5, 2009, Petitioner filed a Notice of Waiver of 120-Day
Decision Deadline until August
20,2009.
7.
On April 14, 2009, Petitioner filed a Notice of Waiver of 120-Day
Decision Deadline until November 19,
2009.
8.
On July 23,2009, Petitioner filed a Notice of Waiver of 120-Day Decision
Deadline until February
18,2010, which is the current statutory deadline.
9.
Petitioner hereby voluntarily agrees to waive the statutory
120-day
decision deadline until May 6, 2010, in order to conduct settlement negotiations in this
matter.
WHEREFORE, Petitioner, VESUVIUS USA CORPORATION, prays that the
Illinois Pollution Control Board accept this waiver
of the statutory 120-day decision
deadline for final action
on Petitioner's appeal of the Federally Enforceable State
Operating Permit issued to it by the Illinois Environmental Protection Agency.
Dated: November
23,2009
Katherine D. Hodge
Lauren C. Lurkins
HODGE DWYER
&
DRIVER
3150 Roland Avenue
Post Office
Box 5776
Springfield, Illinois
62705-5776
(217) 523-4900
VESU-003\Filings\Waiver of l20-Day Decision Deadline 07
Respectfully submitted,
VESUVIUS USA CORPORATION,
Petitioner,
By:_-!.!"",s!"",K=at=h=eno.=,. n=e:o..=D...:... =H=o:.=d:oge=---__
One of its Attorneys
2
Electronic Filing - Received, Clerk's Office, November 23, 2009
CERTIFICATE OF SERVICE
I, Katherine D. Hodge, the undersigned, hereby certify that I have served the attached
NOTICE OF WAIVER OF 120-DA Y DECISION DEADLINE upon:
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 on November 23,2009; and upon:
Carol Webb, Esq.
Hearing
Officer
Illinois Pollution Control Board
1
021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
Division
of Legal Counsel
Illinois Environmental Protection Agency
1
021 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 November
23,2009.
/s/ Katherine D. Hodge
Katherine
D. Hodge
VESU:003IFiI/COS - Waiver 07
Electronic Filing - Received, Clerk's Office, November 23, 2009

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