RECEIVED
CLERK’S OFFICE
FEB
10
2004
BEFORE
THE ILLiNOIS POLLUTION CONTROL BOAR~)rATE
OF ILLINOIS
Pollution
Control Board
THE PREMCOR REFINING
GROUP INC.,
)
Petitioner,
)
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
PCB No. 04-66
(RCRA Permit Appeal)
NOTICE OF FILING
TO:
Ms. Dorothy M.
Gunn
Clerk of the 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
62794-9276
(VIA FIRST CLASS MAIL)
PLEASE TAKE NOTICE that I have today filed with the Office ofthe Clerk of
the Illinois Pollution
Control Board an
original and nine copies of Petitioner The Premcor
Refining Group Inc.’s,
NOTICE
OF WAIVER OF 120-DAY DECISION DEADLINE
FOR
AN
ADDITIONAL
NINETY
DAYS,
copies ofwhich
are hereby served upon
you.
Respectftilly submitted,
TUE PREMCOR REFINING
GROUP INC.,
Petitioner,
J.
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Edward W.
Dwyer
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield,
Illinois
62705-5776
(217) 523-4900
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Edward W. DwØr
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THIS FILING SUBMITTED ON RECYCLED PAPER
CERTIFICATE OF
SERVICE
I, Edward W.
Dwyer, the undersigned,
certify that I have served the attached
NOTICE OF WMVER OF
120-DAY DECISION DEADLINE FOR AN ADDITIONAL
NINETY DAYS, upon:
Ms.
Dorothy M.
Gunn
Clerk of the 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
John J.
Kim, Esq.
Division ofLegal 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, postage prepaid, in
Springfield,
Illinois,
on February 6, 2004.
/
/2
‘fr~
~1
Edward W. ~yer
PREM:OO5IRCRA Permit
Appeal/NOF-COS
—
Notice ofWaiver
RECEIVED
BEFORE THE ILLINOIS POLLUTION CONTROL
~P~6
OFFICE
THE PREMCOR REFINING
)
FEB
102004
GROUP
INC.,
)
STATE OF ILLINOIS
)
Pollution
Control Board
Petitioner,
)
)
v.
)
PCB No. 04-66
)
(RCRA Permit Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
NOTICE OF
WAIVER
OF
120-DAY
DECISION DEADLINE FOR AN ADDITIONAL NINETY DAYS
NOW COMES Petitioner, THE PREMCOR REFINING GROUP INC.
(“Petitioner”), by and through its
attorneys, HODGE DWYER ZEMAN, pursuant to
35
Ill.
Admin.
Code
§
101. 105(c)(2),
and hereby agrees to waive the statutory
120-day
decision deadline for final action by the Illinois Pollution Control Board (“Board”),
in the
above-referenced
proceeding, for an
additional 90
days, or until August
12, 2004.
In
support ofthis Notice, the Petitioner states as follows:
1.
On January
13,
2004, Petitioner filed an Appeal of Agency Determination
Regarding Request to Modify the Approved Closure Plan sent to Petitioner by the Illinois
Environmental Protection Agency (“Illinois EPA”) on September
10, 2003.
Pursuant to
the Board’s Order, dated January 22, 2004,
the current statutory decision deadline for this
matter is May 14, 2004.
2.
Petitioner hereby voluntarily agrees to
a waiver of the statutory
120-day
decision deadline, for an additional 90
days, or until August
12, 2004,
in
order to
conduct
settlement
negotiations in this matter.
WHEREFORE, Petitioner, THE PREMCOR REFINING GROUP iNC.,
prays
that the Illinois Pollution Control Board accepts this waiver of the statutory
120-day
decision deadline for an additional
90 days for final action on Petitioner’s
Appeal of
Agency Determination Regarding Request to Modify the Approved Closure Plan.
Respectfully submitted,
THE PREMCOR REFINING
GROUP INC.,
Petitioner,
By~
~
Edward W~Dwyer
Dated:
February
6, 2004
Edward W.
Dwyer
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois
62705-5776
(217) 523-4900
PREM:005/RCRA Permit Appeal/Notice of Waiver
2