CLERIcS OFFICE

MAY 2?

2Q~4

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

p~

~F

ILLINOIS

rol Board

In the Matter of:

)

)

W.

R. MEADOWS, INC.,

)

)

Petitioner,

)

)

PCB No. 97-195

v.

)

)

THE ILLINOIS ENVIRONMENTAL

)

(Permit Appeal

-

Air)

PROTECTION AGENCY,

)

)

Respondent.

)

PETITIONER’S STATUS REPORT

NOW

COMES

the

Petitioner,

W.R.

Meadows,

Inc.,

by

and

through

its

legal

counsel,

Howard

&

Howard

Attorneys,

P.C.,

and

provides

a

Status

Report

on

this

proceeding

in

accordance with the Order recently entered by Hearing Officer Carol Sudman in this case:

1.

Petitioner and Respondent have undertaken discussions to

explore the possibility of

settlement and have been successful

in defming the

scope of actions needed to

resolve the pending

permitting

and

compliance

issues.

Pursuant

to

the

tentative

settlement

agreement, all

matters

in

controversy in this proceeding will be resolved.

2.

In an effort to

finalize

the tentative

settlement,

legal

and technical

representative

for

both

parties

recently

participated

in

a

meeting

at

the

Illinois

Environmental

Protection

Agency

offices

to

discuss

the

technical

and

scheduling

issues

associated

with

the

tentative

settlement

agreement.

Significant progress

was

made

to

identify

all

teclmical

issues

and

the

THIS FILING IS SUBMITTED

ON

RECYCLED PAPER

1

---

timing

of

actions

to

be

taken

by

Petitioner

to

implement

the

key

aspects

of the

tentative

settlement.

3.

Counsel for Petitioner continues to believe and represents that this matter could be

resolved by negotiation,

thereby avoiding the unnecessary expenditure of time

and resources of

Hearing

Officer

Sudman,

the

Illinois

Pollution

Control

Board

and

the

parties

that

would

be

necessitated by proceeding to hearing and final resolution.

4.

Counsel

for

Petitioner

requests

that

a

hearing

in

this

proceeding

be

held

in

abeyance to allow the parties additional time to

finalize the terms ofthe tentative settlement.

5.

Counsel

for

the

Petitioner

shall

file

additional

Status

Reports

as

directed

by

Hearing Officer Sudman.

HOWARD & HOWARD ATTORNEYS,

P.C.

By:_____

J

S.

left

ttorney for Petitioner

Meado

,

Inc.

Dated:

May

25,

2004

Jon

S. Faletto

Howard & Howard Attorneys, P.C.

One Technology Plaza, Suite 600

211

Fulton Street

Peoria, IL

61602-1350

(309) 672-1483

THIS FILING

IS SUBMITTED ON RECYCLED PAPER

2

---

In the Matterof:

W.

R. MEADOWS, INC.,

Petitioner,

THE ILLINOIS ENVIRONMENTAL

PROTECTIONAGENCY,

Respondent.

)

)

)

)

)

)

PCBNo.97-195

)

)

)

(Permit Appeal

-

Air)

)

)r

)

CERTIFICATE OF SERVICE

I, the undersigned,

hereby

certify

that

on

this

25th

day

of May,

2004,

I have

served

the

attached Status Report by depositing same via First Class,

U.S.

Mail, with proper postage prepaid,

upon the following persons:

Dorothy M. Gunn,

Clerk

Illinois

Pollution Control Board

James R. Thompson Center

100 West Randolph, Suite 11-500

Chicago, IL

60601

Robb Layman, Esq.

Division of Legal Counsel

Illinois Env. Protection Agency

1021

North Grand Avenue East

P. 0. Box

19276

Springfield, IL

62794-9276

Jon S. Faletto

Howard & Howard Attorneys, P.C.

One Technology Plaza, Suite 600

211

Fulton Street

Peoria, IL

61602

(309) 672-1483

G:\M\Meadows\llIPerm\PLDGS\Status Report 05-24-04.doc

Ms. Carol Sudman

Hearing Officer

600

South Second Street, Suite 402

Springfield,

IL

62704

Jo?tto~~

THIS FILING IS SUBMITTED ON RECYCLED PAPER

RECE~V~

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

CLERK’S OFFICE

MAY

2

7

2004

V.

STATE OF ILLINOIS

pollution

Control Board

3