1. CERTIFICATE OF SERVICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
DICKERSON PETROLEUM,
INC.,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION
AGENCY,
Respondent.
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PCB 09-87
PCB 10-05
(UST
Appeal)
(Consolidated)
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
1
021 North Grand Avenue East
Post Office Box 19274
Springfield, Illinois 62794-9274
(VIA U.S. MAIL)
PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk of
the Illinois Pollution Control Board a NOTICE OF LIMITED WAIVER OF 120-DAY
DECISION
DEADLINE FOR AN ADDITIONAL 28 DAYS directed to the Illinois
Pollution Control Board, copies
of which is herewith served upon you.
Dated: December 2,
2009
Edward W. Dwyer
Monica T. Rios
HODGE DWYER & DRIVER
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois 62705-5776
(217)
523-4900
Respectfully submitted,
DICKERSON
PETROLEUM, INC.,
Petitioner,
By:
IslEdward W. Dwyer
One of Its Attorneys
TIDS FILING SUBMITTED ON RECYCLED PAPER
Electronic filing - Received, Clerk's Office, December 2, 2009
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
DICKERSON PETROLEUM,
INC.,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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)
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PCB 09-87
PCB 10-5
(UST
Appeal)
(Consolidated)
NOTICE OF LIMITED WAIVER OF 120-DAY
DECISION DEADLINE FOR AN ADDITIONAL 28 DAYS
NOW COMES Petitioner, DICKERSON PETROLEUM, INC. (hereinafter
"Petitioner"), by and through its attorneys, HODGE DWYER
&
DRIVER, pursuant to
35 Ill. Admin. Code
ยง 101.308(c)(2), and hereby agree to a limited waiver of the statutory
120-day decision deadline for an additional 28 days, or until February
4,2010.
In
support of this Notice, Petitioner states as follows:
1.
On April 15, 2009, Petitioner filed a Petition for Review of the Illinois
Environmental Protection Agency's
("Agency") March 9, 2009 determination with the
Illinois Pollution Control Board
("Board"). On May 7,2009, the Board issued an Order
stating that Petitioner had until June 8, 2009 to file an amended Petition for Review to
include the date
of service of the Agency's final decision and a statement specifying the
grounds
of appeal.
Dickerson Petroleum, Inc.
v.
IEPA,
PCB No. 09-87 (Ill.Pol.Control.
Bd. May 7,2009). On May 26,2009, Petitioner timely filed its Amended Petition for
Review
of the Agency's March 9, 2009 determination issued to Petitioner.
Electronic filing - Received, Clerk's Office, December 2, 2009
2.
On July 10,2009, Petitioner filed a separate Petition for Review of the
Agency's June
10, 2009 determination.
Dickerson Petroleum, Inc. v. IEPA,
PCB No.
10-05 (Ill.Pol.Control.Bd. July 10,2009). On August 6, 2009, the Board consolidated
PCB No. 09-87 and PCB No. 10-5 upon Petitioner's Motion. Board Order,
Dickerson
Petroleum, Inc. v. IEPA,
PCB Nos. 09-87, 10-5 (consolidated) (Ill.Pol.Control.Bd.
Aug. 6,
2009).
3.
On August 12,2009, Petitioner filed a Notice of Limited Waiver of 120-
Day Decision Deadline for An Additional 46 Days, or until January 7,2010. The current
statutory deadline is January
7,2010.
4.
On December 2,2009, Petitioner sought Respondent's agreement to filing
a Reply Brief to Respondent's
Brief filed on November 23,2009. Counsel for the
Petitioner and Respondent then contacted the Hearing
Officer to make an oral motion for
leave to reply and present an agreed
upon schedule for such briefing.
5.
Later on December 2,2009, counsel for both parties participated in an
unscheduled telephonic status conference with the hearing officer, during with
Petitioner's counsel orally moved for leave to reply to Respondent's Brief and counsel
for both parties presented an agreed upon briefing schedule. Counsel for Petitioner, also
agreed to file a limited waiver
of the decision deadline to accommodate the extended
briefing schedule.
6.
The hearing officer indicated that she would grant Petitioner's oral
motion for leave to file a Reply Brief, and enter an
Order providing that Petitioner's
Reply Brief is due on December 9,
2009, and Respondent's Surreply Brief, if any, is due
2
Electronic filing - Received, Clerk's Office, December 2, 2009
on December 23,2009. The hearing officer conditioned the ruling on Petitioner timely
filing an amended waiver
of the decision deadline to and including February 4,2010.
7.
Consistent with the hearing officer's ruling granting Petitioner's oral
motion for leave to file a Reply Brief, and in order for the Board to have sufficient time
to consider the additional briefing
in this matter, Petitioner hereby agrees to a limited
waiver
of the statutory 120-day decision deadline for an additional 28 days, or until
February 4,
2010.
WHEREFORE, Petitioner, DICKERSON PETROLEUM,
INC., requests that the
Illinois
Pollution Control Board accept this limited waiver of the 120-day decision
deadline for an additional 28 days, or until February 4,
2010, for final action on
Petitioner's appeal of the March 9, 2009 and June 10, 2009 final decisions issued by the
Illinois Environmental
Protection Agency.
Dated: December 2,
2009
Edward W. Dwyer
Monica
T. Rios
HODGE DWYER
&
DRIVER
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois 62705-5776
(217)
523-4900
CAHO:OO IlFil/Consolidated 09-87&1 0-05/Waiver 03
Respectfully submitted,
DICKERSON PETROLEUM, INC.,
Petitioner,
By:
IslEdward W. Dwyer
One of Its Attorneys
3
Electronic filing - Received, Clerk's Office, December 2, 2009
CERTIFICATE OF SERVICE
I, Edward W. Dwyer, the undersigned, hereby certify that I have served the
attached
NOTICE OF LIMITED WAIVER OF 120-DA Y DECISION DEADLINE FOR
AN ADDITIONAL 28 DAYS 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 December 2,2009; and upon:
James
G. Richardson
Division
of Legal Counsel
Illinois Environmental Protection Agency
1
021 North Grand Avenue East
Post
Office Box 19276
Springfield, Illinois 62794-9276
Carol Webb, Esq.
Hearing
Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
Post
Office Box 19274
Springfield, Illinois 62794-9274
by depositing said documents in the United States Mail, postage prepaid, in Springfield,
Illinois on December 2, 2009.
IslEdward
W. Dwyer
Edward
W. Dwyer
CAHO-OOl\Filings\NOF
&
cos - Waiver03
Electronic filing - Received, Clerk's Office, December 2, 2009

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