REC~~V~DCLE~~~ICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
APR O~2~D~
STATE OF ILLU’4
Pollution Control Boar
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
GREAT LAKES DREDGE &
DOCK COMPANY, a New Jersey
Corporation,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
PCB No. 04-145
(UST 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)
Bradley P. Halloran, Esq.
Hearing Officer
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
(VIA FIRST CLASS MAIL)
THIS FILING SUBMITTED ON RECYCLED PAPER
H
GREAT LAKES DREDGE &
DOCK COMPANY, a New Jersey
Corporation,
Petitioner,
V.
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PCB No. 04-143
(UST Appeal)
Respondent.
Petitioner,
V.
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Respondent.
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PLEASE TAKE NOTICE that I have today filed with the Office ofthe Clerk of
the Illinois Pollution Control Board an original and nine copies ofa
NOTICE OF
WAIVER OF 120-DAY DECISION DEADLINE FOR AN ADDITIONAL 60
DAYS,
copies of which are herewith served upon you.,
Respectfully submitted,
GREAT LAKES DREDGE&
DOCK COMPANY,
•
Petitioner,
•
By:_________
J. Randl’e Schick
Dated: April
5,
2004
J. Randle Schick
Of Counsel
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box
5776
Springfield, Illinois
62705-5776
(217) 523-4900
CERTIFICATE OF SERVICE
I, J. Randle Schick, the undersigned, certify that I have served the attached
NOTICE OF WAIVER OF 120-DAY DECISION DEADLINE FOR AN ADDITIONAL
60 DAYS upon:
Ms. Dorothy M. Gunn
Clerk ofthe Board
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
Bradley P. Halloran, Esq.
Hearing Officer
Illinois Pollution Control BOard
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
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 in Springfield, Illinois, postage
prepaid, on April
5,
2004.
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_________
J. Ra dle Schick
•GLDD:OO1/Fil/NOF —Notice ofWaiver
•
RFC~V~
CUER~SOFFICE
BEFORE THE ILLiNOIS POLLUTION CONTRpBDg~1I
GREAT LAKES DREDGE &
)
ST1-~X~~
DOCK COMPANY, a New Jersey
)
POUUtt~ ~°
Corporation,
)
)
Petitioner,
)
)
v.
)
PCB No. 04-143
)
(UST Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
GREAT LAKES DREDGE &
)
DOCK COMPANY, a New Jersey
•
)
Corporation,
)
)
Petitioner,
)
)
v.
)
PCB No. 04-145
)
(UST Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
•
NOTICE OF WAIVER OF 120-DAY DECISION
DEADLINE FOR AN ADDITIONAL 60 DAYS
NOW, COMES Petitioner, GREAT LAKES DREDGE & DOCK COMPANY
(“Petitioner”), by and through its attorneys, HODGE DWYER ZEMAN, pursuant to 35
Ill. Admin. Code
§
101.308(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 sixty (60) days, or until September
25,
2004. In
support ofthis Notice, the Petitioner states as follows:
1.
On February 23, 2004, Petitioner filed a Petition for Review ofthe Illinois
Environmental Protection Agency’s (“Illinois EPA”) determinations dated January 14,
2004, and February 9, 2004, regarding Budget Amendment #1 ofthe Site Investigation
Budget and the Corrective Action Plan for Great Lakes Dredge & Dock Company.
Based upon the date offiling, the statutory decision deadline in this matter was June 22,
2004 (i.e., 120 days from February 23, 2004).
2.
•
On March 4, 2004, the Board accepted the Petition for Review for the
appeal ofthe Illinois EPA’ s first determination dated January 14, 2004, and requested
that we file an amended petition for the Illinois EPA’s determination dated February 9,
2004, and accompany that with a Motion to Consolidate. On March 29, 2004, Petitioner
filed an Amended Petition for Review ofthe Illinois EPA’s determination ofthe
Corrective Action Plan and Associated Budge. The new statutory decision deadline is
now currently July 27, 2004 (i.e., 120 days from March 29, 2004).
2.
Petitioner hereby voluntarily agrees to a waiver ofthe statutory 120-day
decision deadline, for an additional 60 days, or until September 25, 2004, in order to
conduct settlement negotiations in this matter.
WHEREFORE, PETITIONER, GREAT LAKES DREDGE & DOCK
COMPANY prays that the Board accept this waiver ofthe statutory 120-day decision
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deadline for an additional 60 days for final action on Petitioner’s Petitions for Review of
the determinations issued to it by the Illinois EPA.
Respectfully submitted,
GREAT LAKES DREDGE &
DOCK COMPANY
Petitioner,
By:_____
J. Randl~’Schick
Dated: April 5, 2004
J. Randle Schick
Of Counsel
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois 62705-5776
(217) 523-4900
GLDD:OO1/Fil/Notice ofWaiver
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