R~CE1VEO
©
~
CLERK’S OFFICE
BEFO~THE ILLINOIS POLLUTION CONTROL BOA~
STATE OF ILLINOIS
Pollution Control Board
WEBB&SONS, INC.,
)
)
Petitioner,
)
)
)
PCB No. 04-105
)
(UST Appeal)
NOTICE
OF
FILING
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)
John J. Kim, Esq.
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Post Office Box 19276
Springfield, Illinois
62794-9276
(VIA FIRST CLASS MAIL)
PLEASE TAKE NOTICE that I have today filedwith the Office of the Clerk of
the Illinois Pollution Control Board an original and nine copies ofa
NOTICE OF
WAIVER OF DECISION DEADLINE FOR AN
ADDITIONAL
90 DAYS,
copies of
which are herewith served upon you.
Respectfully submitted,
WEBB & SONS, INC.,
Petitioner,
Dated:
July
8,
2004
L Randle Schick
OfCounsel
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box
5776
Springfield, Illinois
62705-5776
(217) 523-4900
By:
~4n~hick
JUL
12
2004
v.
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
TO:
THIS
FILING
SUBMITTED ON RECYCLED PAPER
• ;~•~
CERTIFICATE OF SERVICE
I, J. Randle Schick, the undersigned, certify that I have served the attached
NOTICE OF FILING AND NOTICE OF WAIVER OF DECISION DEADLINE FOR
AN ADDITIONAL 90 DAYS upon:
Ms. Dorothy M. Gunn
Clerk ofthe Board
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois
60601
John J. Kim, Esq.
Division ofLegal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Post Office Box 19276
Springfield, Illinois
62794-9276
Mrs. Joe M. Webb
Webb & Sons, Inc.
1201
DeWitt Avenue
Mattoon, Illinois
61938
Kevin Saylor, P.E.
HDC Engineering
201
West Springfield Avenue
Suite 300
Champaign, Illinois
61824-0140
by depositing said documents in the United States Mail in Springfield, Illinois, postage
prepaid, on July 8, 2004.
,.‘~T’.Randle Schick
HDCE:OOIIF11INOF
—
Noticeof Waiver 2
•
RECEIVED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARDJUL
122004
WEBB
& SONS, INC.,
)
•
•
Petitioner,
)
)
v.
)
PCB No. 04-105
)
(UST Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
•
)
Respondent.
)
•
•
NOTICE OF WAIVER OF DECISION
DEADLINE
FOR AN ADDITIONAL 90 DAYS
NOW COMES, Petitioner, WEBB & SONS, INC. (hereinafter “Webb
& Sons”)
by and through its attorneys, HODGE DWYERZEMAN, pursuant to 35 Ill. Admin.
Code
§
101.308(c)(2), and hereby agrees to waive the statutory decision deadline for final
action by the Illinois Pollution Control Board (“Board”), in the above-referenced
proceeding, for ninety (90) days, or until January 20,
2005.
In support ofthis Notice, the
Petitioner states as follows:
1.
On March 26, 2004,
Petitioner filed a Petitionfor Review ofthe Illinois
Environmental Protection Agency’s (“Illinois EPA”) determination dated November 24,
2003, regarding reimbursement ofthe removal of soil during excavation activities.
Based
upon the date offiling, the statutory decision deadline in this matter was July 24, 2004
(i.e.,
120 days from March 26,
2004).
2.
Petitioner voluntarily agreed to a waiver ofthe statutory
120-day decision
deadline, for an additional ninety (90) days, or until October 22, 2004, in order to conduct
settlement negotiations in this matter.
•
1
•
3.
Petitioner hereby voluntarily agrees to
a waiver ofthe decision deadline,
foran additional ninety (90) days, or until January 20, 2005, in order to conclude
settlement of this matter.
WHEREFORE, Petitioner, WEBB
& SONS, INC. prays that the Board accept
this waiver ofthe statutory
decision deadline for an additional ninety (90) days for final
action on Petitioner’s Petition for Review ofthe Agency’s determination issued to it by
the Illinois EPA.
Respectfully submitted,
•
WEBB&SONS, INC.,
Petitioner,
By:______
J. Rand
chick
Dated:
July 8, 2004
J. Randle Schick
Of Counsel
HODGE DWYER ZEMAN
3150
Roland Avenue
Post Office Box 5776
Springfield, Illinois
62705-5776
(217) 523-4900
HDCE:OO1/FiliNotice of Waiver 2
2
