1. CERTIFICATE OF SERVICE
CL~RK’S
OFFICE
AUG
092004
BEFORE TUE ILLINOIS POLLUTION CONTROL BOA~ATEOF
tLLiNO~S
~
Controi
BoE~rcJ
THE PREMCOR REFiNING
GROUP INC.,
Petitioner,
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
Respondent.
NOTICE OF
FILING
PCB No. 04-66
(RCRA Permit Appeal)
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 ofthe 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 ofwhich are hereby served upon
you.
Respectfully submitted,
Dated:
August
5,
2004
Edward W. Dwyer
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois
62705-5776
(217) 523-4900
THE PREMCORREFINING
GROUP INC.,
Petitioner,
By~/4~
Edward W. D
)
)
)
v.
)
)
)
)
)
)
TifiS 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 August
5,
2004.
Edward W. l3~’yer
PREM:OO5IRCRA Permit Appeal/NOF-COS
—
Notice ofWaiver3
C lE
iJ ~
CLERK’S OFF~C~
AUG
09
20C4
BEFORE THE ILLiNOIS POLLUTION CONTROL BOA~ATEOF Hi
ut~OnCor~r~
THE PREMCOR REFINING
)
GROUP INC.,
)
)
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 February 2,
2005.
In
support ofthis Notice, the Petitioner states as follows:
1.
On January
13,
2004, Petitioner filed an Appeal ofAgency 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 June
1, 2004, the current decision deadline for this matter is
November 4, 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.
3.
On March 31,
2004, Petitioner filed a Notice ofWaiver of 120-day
decision deadline for an additional ‘ninety (90) days, or until November 10,
2004.
The
Board subsequently accepted this waiver, but set the decision deadline for November 4,
2004,
due to the Board’s meeting being held on that
date.
4;
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 ofNovember 4,
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 February 2,
2005, to provide the parties with an opportunity to resolve this matter without the need
for hearing.
WHEREFORE, Petitioner, THE PREMCOR REFIN1NG 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 PREMCORREFINING
GROUP INC.,
Petitioner,
Dated:
August
5,
2004
~
~
Edward W. Dwyer
V
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 ofWaiver3
2

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