CLERK’S OFFICE

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

SEP 28 2004

KIBLER DEVELOPMENT CORPORATION and

)

STATE OF ILLINOIS

MARION RIDGE LANDFILL, INC.,

)

Pollution Control Board

)

Petitioners,

)

)

V.

) Case No.2005-035

)

Permit Appeal

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

)

)

Respondent.

)

WAIVER OF DECISION DEADLINE

NOW COME Petitioners, KIBLER DEVELOPMENT CORPORATION and

MARION RIDGE LANDFILL, INC., tl1rough their undersigned attorney, and waive their

right to a decision within 120 days of September 25, 2004, the date offiling of the

Petition for Review for Permit Denial, pursuant to Section 40(a)(1) of the Illinois

Environmental Protection Act,

415

ILCS 5!40(a)(1), and~extendthe deadline for final

Board action for an additional ninety days from the current decision deadline, December

24, 2004 to March 24, 2005.

Respectfully submitted,

Kibler Development Corporation & Marion

Ridge Landfill, Inc.,

Petitioners,

By their attorney,

HEDINGER LAW OFFICE

By

Step e

.

Hedinger

Hedinger Law Office

2601 South Fifth St.

Springfield, IL 62703

(217) 523-2753 phone

(217) 523-4366 fax

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PROOF OF SERVICE

The undersigned certifies that an original and nine copies of Petitioners’ Waiver of

Decision Deadline were served upon the Clerk of the Illinois Pollution Control Board, and one

copy was served upon the following party of record and hearing officer in this cause by

enclosing same in envelopes with postage fully prepaid, and by depositing said envelopes in a

U.S. Post Office Mail Box in Springfield, Illinois on the~~dayof September, 2004.

James Kropid

Division of Legal Counsel

Illinois Environmental Protection Agency

1021 N. Grand Ave. East

P.O. Box 19276

Springfield, IL 62794-9276

Carol Sudman

Illinois Pollution Control Board

James R. Thompson Center

100 W. Randolph St., Suite 11-500

HEDINGERChicago,LAWIL OFFICE60601

~hei~

F. H~d~ger4

2601 South Fifth Street

Springfield, IL 62703

(217) 523-2753 phone

(217) 523-4366 fax