RECEIVED
CLERK’S OFFICE
BEFORE THE ILLINOIS
POLLUTION CONTROL BOARD
DEC
12003
ILLiNOIS ENVIRONMENTAL
PROTECTION AGENCY,
)
STATE OF ILLINOIS
Pollution Control Board
PCB
04-65
(CAAPP Permit Appeal)
NOTICE OF FILING
TO:
Ms. Dorothy M. 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
1021
North Grand Avenue East
Post Office
Box 19274
Springfield, Illinois
62794-9274
(VIA FIRST CLASS MAIL)
(SEE PERSONS ON
ATTACHED LIST)
PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk of the
Illinois Pollution Control Board an original and nine copies of a
NOTICE OF OPEN WAIVER
OF 120-DAY DECISION
DEADLINE, a copy of which is
herewith served upon you.
Dated:
November
24, 2003
Katherine D. Hodge
Cassandra
L. Karimi
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois
62705-5776
(217)
523-4900
Respectfully submitted,
CHAMPION LABORATORIES, INC.,
TifiS
FILING
IS SIJBNTTTED ON RECYCLED PAPER
CHAMPION LABORATORIES, iNC.,
Petitioner,
V.
)
)
)
)
)
)
)
)
)
Respondent.
Petitioner,
I
By:
(9~2~~L~
9~~~-V~t(.
One of Its Attorneys
CERTIFICATE OF SERVICE
I, Cassandra L. Karimi, the undersigned,
hereby certify that I have served
copies
of the attached NOTICE OF OPEN WMVER OF
120-DAY DECISION DEADLINE,
upon:
Ms. Dorothy M.
Gunn
Clerk ofthe Board
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois
60601
Carol Sudman, Esq.
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
Post Office Box 19274
Springfield,
Illinois
62794-9274
Division of Legal 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 in Springfield, Illinois
on
November 24, 2003.
~
i~h~LC.
Cassandra L. Karimi
CHILA:OO1/FiIINOF
—
Open Waiver
RECE~LVED
CL~K’SOFFICE
BEFORE
THE ILLINOIS POLLUTION CONTROL
BOARBEC
12003
STATE
OF ILLINOIS
CHAMPION LABORATORIES,
NC.,
)
Pollution
ControlBoard
)
Petitioner,
)
)
v.
)
PCB
04-65
)
(CAAPP Permit Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
NOTICE OF OPEN WAIVER OF 120-DAY DECISION DEADLINE
NOW COMES Petitioner, CHAMPION LABORATORIES, iNC.
(hereinafter
“Champion Labs” or “Petitioner”), by its
attorneys HODGE DWYER ZEMAN, pursuant
to 35
Ill. Admin.
Code
§
101.30°8(c)(1),and hereby agrees to an open waiver ofthe
statutory
120-day decision deadline for final action by the Illinois Pollution Control
Board (“Board”) in the above-referenced proceeding.
In support ofthis Notice, the
Petitioner states as follows:
1.
On October
14, 2003, Petitioner filed a Petition for Review ofthe Clean
Air Act Permit Program (“CAAPP”) permit granted to Champion Labs by the Illinois
Environmental Protection Agency (“Illinois EPA”).
Although the permit was apparently
issued on
June 24,
2002,
Champion Labs did
not receive the permit until
September
9,
2003.
2.
On November 6,
2003 the Board accepted this
matter for hearing.
Per the
November 6,
2003, order ofthe Board, the statutory decision deadline in this matter is
February
14, 2004.
The Board meeting immediately before the decision deadline is
scheduled for February
5, 2004.
3.
Petitioner and Respondent are currently involved in discussions which
may lead to the resolution ofall
issues pending in this matter.
4.
Petitioner hereby voluntarily agrees to
an open waiver ofthe statutory
120-day decision deadline in order to conduct settlement negotiations in this matter.
5.
Counsel for Respondent has been consulted and has no objection to the
filing ofthis open waiver.
WHEREFORE, Petitioner, CHAMPION LABORATORIES,
INC. prays that the
Illinois Pollution Control Board accept this open waiver ofthe statutory
120-day decision
deadline for final action on Petitioner’s Petition for Review ofthe CAAPP permit issued
to it by the Illinois Environmental Protection Agency.
Respectfully submitted,
CHAMPION LABORATORIES,
INC.,
Petitioner,
72
By:_______________
One ofIts Attorneys
Dated:
November 24, 2003
Katherine D. Hodge
Cassandra L. Karimi
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield,
Illinois
62705-5776
(217) 523-4900
CHLA:OOlfFilJOpen Waiver
2