RECE~~PED
CLERK’S OFFICE
~
‘
~
2OO~
BEFORE THE ILLINOIS
POLLUTION CONTROL BOARD
Jr~~
I
STATE
OF
I
LLINOIS
Pollution Control
Board
MIDWEST GENERATION, LLC
-
)
COLLINS
GENERATING STATION,
)
Petitioner,
)
PCB 04-108
V.
)
(Permit Appeal
—
Air)
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
OPEN
WAIVER OF DECISION DATE
NOW COMES Petitioner, MIDWEST GENERATION, LLC
-
COLLINS
GENERATING STATION, by one of its attorneys, KATHLEEN C.
BASSI of
SONNENSCHEIN NATH & ROSENTHAL LLP, pursuant to
35
Ill.Adm.Code
§
101.308(c)
and
waives the decision deadline applicable to the
Appeal ofCAAPP Permit
filed in this matter for
an
indeterminate period of
time.
In support of its waiver, Petitioner states as follows:
1.
On December 31,
2003,
Petitioner filed an appeal ofthe Clean Air Act Permit
Program (“CAAPP” or “Title V”) permit issued
to it by the Illinois Environmental Protection
Agency (“the Agency”) on November 25,
2003.
2.
Pursuant
to Section
40.2(c) of
the
Environmental Protection Act (“Act”) (415
ILCS
5/40.2(c))
arrd
35
IIl.Adm.Code
§
101.308(a) (hereinafter cited only by section number),
the Board must render its decisions on permit appeals within 120 days following the filing ofa
permit
appeal.
3.
However, a petitioner may waive the Board’s decision deadline, pursuant to
§
101.308(c)
for an indeterminate period oftime subject to reinstatement by the petitioner or for
a time certain.
4.
Although there has not yet been contact with the Agency in this regard, Petitioner
desires
to discuss the issues raised on appeal with the Agency, with
a
goal ofreaching an
understanding or agreement with the Agency on as many ofthe issues as possible.
5.
In order to
facilitate these discussions with the Agency, Petitioner waives the
Board’s decision deadline for an indeterminate period oftime.
WHEREFORE, for the reasons set forth above, Petitioner MIDWEST GENERATION,
LLC
—
COLLINS GENERATING
STATION hereby waives the Board’s decision deadline in
this matter for an indeterminate period of time.
Respectfully submitted,
MIDWEST GENERATION, LLC
-
COLLINS GENERATING STATION
by:__________
Kathleen
C. Bassi
One of Its Attorneys
DATED:
January
13, 2004
SONNENSCHEIN NATH & ROSENTHAL,
LLP
Kathleen C. Bassi
Mary A.
Gade
Attorneys for Petitioner
8000 Sears Tower
233
South Wacker Drive
Chicago, Illinois
60606
312-876-7403
-2-
RECE~VED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JAN
142004
STATE OF ILLINOIS
MIDWEST GENERATION,
LLC
-
)
Pollution Control Board
COLLINS
GENERATING STATION,
)
Petitioner,
)
)
PCBO4-108
v.
)
(Permit Appeal
—
Air)
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
CERTIFICATE
OF SERVICE
I, the undersigned, certify that I have served the attached Open Waiver ofDecision Date
upon the following person, by first class mail,
postage affixed:
Illinois Environmental Protection Agency, Division of Legal Counsel
~~&/
~:
Kathleen C. Bassi
One ofthe Attorneys for Petitioner
DATE:
January
13,
2004
SONNENSCHEN
NATH & ROSENTHAL LLP
Kathleen
C. Bassi
Mary A.
Gade
8000 Sears Tower
233
South Wacker Drive
Chicago, Illinois
60606
312-876-7403
FAX:
312-876-7934
kbassi@sonnenschein.com
This
document is printed on recycled
paper.
—1—