1. NOTICE OF FILING
      2. CERTIFICATE OF SERVICE
RECEiVED
CLERK’S
~
JUN
32003
BEFORE
THE ILLINOIS POLLUTION CONTROL BOAR~ATEOF ILLINOIS
Pollution
Control Board
Petitioner,
)
Respondent.
)
)
PCBNo.03-160
)
(UST
—
Petition
)
for Review)
)
NOTICE
OF FILING
TO:
Ms.
DorothyM. Gunn
Clerk ofthe Board
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois
60601
(VIA FIRST CLASS MAIL)
Carol Sudman, Esq.
Hearing Officer
Illinois Pollution
Control Board
600 South
Second Street
Suite 402
Springfield, Illinois
62704
(VIA FIRST CLASS MAIL)
(PERSONS ON ATTACHED SERVICE LIST)
PLEASE TAKE NOTICE that I have today filed with the Office ofthe Clerk of
the Illinois Pollution Control Board
an original and nine copies each of a NOTICE
OF
WAIVER
OF 120-DAY DECISION
DEADLINE
FOR
AN
ADDITIONAL
NINETY
(90)
DAYS
and a NOTICE
OF
WITHDRAWAL
OF
APPEARANCE, copies of
which
are herewith served upon you.
Respectfully submitted,
WARECO SERVICE, NC.,
Petitioner,
Dated:
May 28,
2003
Edward W.
Dwyer
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois
62705-5776
(217) 523-4900
By~
U\JL~:L-
n~
One ofIts Attorneys
WARECO SERVICE, NC.
)
)
)
v.
ILLiNOIS ENVIRONMENTAL
PROTECTION AGENCY
THIS
FiLING
SUBMITTED ON RECYCLED
PAPER
CERTIFICATE OF SERVICE
I, Edward W. Dwyer, the undersigned,
certify that I have served the attached
NOTICE OF WAIVER OF
120-DAY DECISION DEADLINE FOR AN ADDITIONAL
NNETY (90) DAYS and NOTICE OF WITHDRAWAL OF APPEARANCE upon:
Ms. Dorothy M.
Gunn
Clerk ofthe Board
Illinois Pollution
ControiBoard
100 West Randolph Street
Suite 11-500
Chicago, Illinois
60601
Carol Sudman, Esq.
Hearing Officer
Illinois Pollution Control Board
600
South Second Street
Suite 402
Springfield,
Illinois
62704
Illinois Environmental Protection Agency
Division ofLegal Counsel
1021 North Grand Avenue East
Post OfficeBox
19276
Springfield,
Illinois
62794-9276
by depositing said
documents in the United States Mail in Springfield, Illinois, postage
prepaid, on May 28, 2003.
Edward
wyer
WARE:OO1/Fil/NOF —Notice of Waiver
—
Galesbtirg #224
BEFORE THE ILLINOIS POLLUTION CONTROL B(~)CEJVED
CLERK’S
OFFICE
WARECO SERVICE, INC.,
)
)
JUN
82003
Petitioner,
)
S FATE
OF ILLINOIS
v.
)
PCB No.
160Po!lution Control Board
)
(UST
-
Petition
ILLINOIS ENVIRONMENTAL
)
for Review)
PROTECTION AGENCY,
)
)
Respondent.
)
NOTICE OF WAIVER OF 120-DAY DECISION
DEADLINE FOR
AN
ADDITIONAL
NINETY
(90) DAYS
NOW COMES Petitioner, WARECO SERVICE, INC. (“Petitioner”), by its
attorneys, HODGE DWYER ZEMAN, pursuant to 35 Ill.
Admin.
Code
§
101.308,
and
hereby agrees to waive the statutory one hundred twenty (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, October 20, 2003.
1.
Petitioner filed a Petition forReview of Agency Determination Regarding
Amended Site Classification Work Plan Budget (“Petition”) with the Board on March 24,
2003.
2.
On April
3, 2003, the Board accepted this matter for hearing.
The
•
statutory decision deadline in this matter is July 22, 2003.
3.
On May
19, 2003,
atthe request ofthe Board Hearing Officer, the parties
participated in a telephonic status conference.
During the status conference, the parties
apprised the Hearing Officer ofthe
status of negotiations in the matter and Petitioner
agreed to file a waiver ofdecision deadline if it appeared that the matter would not be
settled prior to the July 22, 2003,
statutory decision deadline.
Another telephonic status
conference has been scheduled for July
1, 2003.
4.
The parties are currently engaged in discussions that may result in the
resolution ofthis matter.
However, these negotiations could possibly extend beyond the
statutory decision deadline.
5.
Therefore,
Petitioner hereby voluntarily agrees to a waiver of the statutory
one hundred twenty (120) day
decision deadline for ninety (90) days, or until October 20,
2003, to provide the parties with an
opportunity to resolve this matter without the need
for hearing,
WH1~REFORE,Petitioner, WARECO SERVICE, iNC., prays that the Illinois
Pollution Control Board
accepts this waiver of the statutory one hundred twenty (120)
day decision deadline for ninety (90) days, or until October 20, 2003, for final action on
Petitioner’s Petition for Review of Agency Determination Regarding Amended Site
Classification Work Plan Budget.
Respectfully submitted,
WARECO SERVICE, INC.
•
Petitioner,
•
By:____________
One ofIts Attorneys
Dated:
May 28, 2003
Edward W.
Dwyer
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois
62705-5776
(217) 523-4900
•
WARE:OOlfFilJNotice of Waiver
—
Galesburg #224
2
•
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
WARECO SERVICE, INC.
)
)
•
Petitioner,
)
•
)
v.
)
PCBNo.03-160
•
)
(UST
—
Petition
ILLINOIS ENVIRONMENTAL
)
for Review)
PROTECTION AGENCY
)
)
Respondent.
)
NOTICE
OF WITHDRAWAL OF
APPEARANCE
NOW COMES Cassandra L.
Karimi, ofthe law firm ofHODGE DWYER ZEMAN
(“BDZ”), and pursuant to 35
Ill.
Admin.
Code
§
101.400(b) hereby withdraws her appearance on
behalfofPetitioner, WARECO SERVICE, INC., in the above-captioned proceeding.
Edward
W. Dwyer will continue
as legal
counsel for Wareco Service, Inc.
in this matter.
Respectfully submitted,
WARECO SERVICE, iNC.
•
Petitioner,
•
By:__________
Cassandra L. Karimi
Dated:
May 28, 2003
Edward W.
Dwyer
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield,
Illinois
62705-5776
(217) 523-4900
WARE:OOlfFi/CLKWithdrawal (Galesburg #224)

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