RECE~VE~
CLERK’S OFFICE
APR 05
2004
STATE OF ILLINOIS
Pollution Control
Board
BEFORE THE ILLiNOIS POLLUTION CONTROL BOARD
THE PREMCOR REFINING
GROUP INC.,
PCB No. 04-66
(RCRA 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
62794-9276
(VIA FIRST
CLASS MAIL)
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 ofPetitioner The Premcor
Refining Group Inc.’s,
NOTICE OF
WAIVER
OF 120-DAY DECISION DEADLINE
FOR
AN
ADDITIONAL
NINETY
DAYS,
copies of which are hereby served upon
you.
Respectfully submitted,
Dated:
March 31,
2004
Edward W. Dwyer
HODGE DWYERZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois
62705-5776
(217) 523-4900
THE PREMCOR REFINING
GROUP INC.,
Petitioner,
By~
~X
Edward W.
Petitioner,
V.
ILLiNOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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Dw~
THIS FILING SUBMITTED ON RECYCLED
PAPER
CERTIFICATE OF SERVICE
I, Edward W. Dwyer,
the undersigned, certify that I have served the attached
NOTICE OF
WAWER
OF
120-DAY DECISION DEADLINE FOR AN
ADDITIONAL
NINETY DAYS,
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
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 March 31,
2004.
Edward W. Dwyer
PREM:OO5IRCRA Permit Appeal/NOF-COS
—
Notice ofWaiver2
FECEDVED
BEFORE
TIlE
ILLINOIS POLLUTION
CONTROL BOARD~R~S
OFFICE
APR 05
THE
PREMCOR REFINING
)
GROUP
INC.,
)
~STATE
OF ILLINOIS
Control Board
Petitioner,
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)
V.
)
PCB No. 04-66
)
(RCRAPermit 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 DWYERZEMAN, 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 November
10,
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 forthis
matter is May
14,
2004.
2.
On February 6,
2004, Petitioner filed a Notice ofWaiver of 120-day
decision deadline for an additional ninety
(90) days, or until August
12,
2004.
The Board
subsequently accepted this waiver.
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3.
The parties are currently engaged in discussions that may result in the
resolution
ofthis matter.
However, these efforts may extend beyond the statutory
decision deadline ofAugust
12,
2004.
5.
Therefore, Petitioner hereby voluntarily agrees to an
additional waiver of
the statutory
120-day decision deadline for an additional
ninety days, or until
November
10, 2004, to provide the parties with an opportunity to resolve this matter
without the need for hearing.
WHEREFORE, Petitioner, THE PREMCOR REFINING GROUP INC., prays
that the Illinois Pollution Control Board accept this waiver ofthe 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~~
4’~2.
Edward ~
Dated:
March 31, 2004
Edward W. Dwyer
HODGE
DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois
62705-5776
(217) 523-4900
PREM:OO5IRCRA Permit Appeal/Notice ofWaiver2
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