1. RECE~VE~
      2. ~~~NOTICE OF FILING
      3. CERTIFICATE OF SERVICE
RECE~VE~
CLERK’S OFFICE
BEFORE
THE
ILLiNOIS POLLUTION CONTROL
BOARLPCT
12
2004
~~~NOTICE
OF FILING
STATE OF ILLINOIS
Pollution Control Board
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,
THE PREMCORREFINING
GROUP INC.,
Petitioner,
Dated:
October 8, 2004
Edward W. Dwyer
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield,
Illinois
62705-5776
(217) 523-4900
~‘i
11’I/l
By:
~
~
Edward W. Dwye/
THE PREMCORREFINING
)
GROUP INC.,
)
)
Petitioner,
)
)
v.
)
)
ILLINOIS ENViRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
PCB No. 04-66
(RCRA Permit Appeal)
THIS FILING
SUBMITTED ON RECYCLED
PAPER
•
R~CE~V~
~
~ics
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
oci
12
2004
THE PREMCOR REFINING
)
IS
GROUP INC.,
)
~S~~~Board
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 Iii.
Admin.
Code
§
101.1 05(c)(2),
and hereby agrees to waive the statutory 120-day
decision deadline for final actionby the Illinois Pollution Control Board (“Board”),
in the
above-referenced proceeding, for an additional 90 days, or until May 3, 2005.
In support
ofthis Notice, the Petitioner states as follows:
1.
On January
13,
2004, Petitioner filed an Appeal ofAgency Determination
Regarding Requestto
Modify the Approved Closure Plan sent to Petitioner by the Illinois
Environmental Protection Agency (“Illinois EPA”) on
September
10, 2003.
2.
OnFebruary
6,
2004, Petitioner filed a Notice ofWaiver of120-day
decision deadline for an
additional ninety (90) days, or until August
12, 2004.
The Board
subsequently accepted this waiver.
3.
OnMarch
31, 2004, Petitioner filed a Notice ofWaiver of120-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.
On August 5,
2004, Petitioner filed a Notice ofWaiver of120-day
decision deadline for an additional ninety (90) days, or until February 2, 2005.
5.
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 ofFebruary 2, 2005.
6.
Therefore,
Petitioner hereby voluntarily agrees to
an additional waiver of
the statutory
120-day decision deadline for an additional ninety days, or until May 3,
2005,
to provide the parties with an opportunity to resolve this matter without the need
for hearing.
WHEREFORE, Petitioner, THE PREMCOR REFINTNG GROUP INC., prays
that the Illinois Pollution
Control Board accept this waiver of the 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 PREMCOR REFiNING
GROUP INC.,
Petitioner,
•
By:
ti~~4-j
~J.
~
Edward W. Dwyer
~/
Dated:
October 8,
2004
Edward W.
Dwyer
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box
5776
Springfield, Illinois
62705-5
776
(217)
523-4900
PREM:005/RCRA Permit
Appeal/Notice of Waiver4
2
CERTIFICATE OF SERVICE
I, Edward W.
Dwyer, the undersigned, certify that I have served the attached
NOTICE OF WAIVER OF
120-DAY DECISIONDEADLINE 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.
Divisionof Legal 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 October 8, 2004.
¼~J
~
L~.7)~1
•
Edward W. Dwyer(
PREM:OO5IRCRA Permit
AppealJNOF-COS
—
Notice of Waiver4

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