RE~V
CLERK’S OFFICE
BEFORE THE
ILLINOIS POLLUTiON CONTROL BOARD
OCT 2 9 2004
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY,
Respondent.
NOTICE
OF
FILING AND PROOF
OF SERVICE
Dorothy Gunn
Clerk of the Board
Illinois Pollution Control Board
James R. Thompson Center
Suite 11-500
100 West Randolph Street
Chicago, Illinois 60601
Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
Suite 11-500
100 West Randolph Street
Chicago, Illinois 60601
John J. Kim
Special Assistant Attorney General
Illinois Environmental Protection Agency
Division of Legal Counsel
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
PLEASE TAKE
NOTICE that on Friday, October 29, 2004, an original and four (4)
copies of each of a Notice to Waive the Decision Deadline for Additional 60 days, was filed with
the Clerk of the Illinois Pollution Control Board of the State of Illinois in the above-entitled cause,
copies of which are attached hereto.
The undersigned hereby certifies that copies of the Notice of Filing, together with copies
of the documents described above were served upon the Respondent, via certified mail, return
receipt requested, on October 29, 2004 properly addressed with postage prepaid.
DIMUCCI DEVELOPMENT CORPORATION,
Petitioner,
V.
STATE OF ILLINOIS
PoI~utionControl Board
)
)
)
)
)
)
)
)
)
)
)
)
PCB No. 04-209
(UST Appeal)
Printed on Recycled Paper
Dated:
October 29’, 2004
Respectfully Submitted,
By: _____________
Thomas S. Yu
Jeffrey R. Diver
Thomas S. Yu
The Jeff Diver Group, L.L.C.
1749 S. Naperville Road, Suite 102
Wheaton, IL 60187
(630) 681-2530
Printed on Recycled Paper
RECEIVED
CLERK’S OFFICE
BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
OCT 292004
DIMUCCI DEVELOPMENT CORPORATION,
)
STATE OF ILLINOIS
Petitioner,
))
Pollution Control Board
)
v.
)
PCB No. 04-209
)
(UST Appeal)
ILLINOIS ENVIRONMENTAL PROTECTION
)
AGENCY,
)
)
Respondent.
)
REQUEST TO WAIVE DECISION DEADLINE FOR ADDITIONAL 60 DAYS
Now comes the Petitioner, DiMucci Development Corporation (“DiMucci”), by its
attorneys, The Jeff Diver Group, L.L.C., pursuant to the Illinois Environmental Protection Act,
415 ILCS 5/1
et. seq.
(the “Act”) and 35 Illinois Administrative Code Section 105.400 et.
seq.,
hereby requests that the Illinois Pollution Control Board (“Board”) waive the decision deadline
for an additional sixty (60) days beyond the current extended deadline of February 15, 2005. In
support thereof, the Petitioner states as follows:
1.
This petition istimelyflled pursuantto 35 lll.Adm.Code 101.308.
2.
The additional time requested may eliminate.the need for a hearing in this matter.
Wherefore, DiMucci Development Corporation respectfully requests
that the Illinois
Pollution
Control Board
(the “Board”) enter an order directing the Agency to waive the decision
deadline by an additional sixty (60) days.
Respectfully submitted,
DiMucci Development Corporation
By: ______________________
One of its attorneys
Printed on Recycled Paper
0 FILENAME \p M:\EPI, Inc\00536.1 Cicero LUST Reimb~Pleadings\O41O27Waiver to extend deadline.docD
Jeffrey R. Diver
Thomas S. Yu
The Jeff Diver Group, L.L.C.
1749 S. Naperville Road, Suite 102
Wheaton, IL 60187
(630) 681-2530
Printed on Recycled Paper