BEFORE THE ILLINOIS POLLUTION CONTROL BOAR

KIBLER DEVELOPMENT CORPORATION and

)

NOV 22 2004

MARION RIDGE LANDFILL, INC.,

)

STATE OF ILLINOIS

/

Pollution Control Board

Petitioners,

)

)

V.

) Case No.2005-035

)

Permit Appeal

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

)

)

Respondent.

)

SECOND WAIVER

OF

DECISION DEADLINE

NOW COME Petitioners, KIBLER DEVELOPMENT CORPORATION and

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

right to a decision within 120 days of September

25,

2004, the date of filing of the

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

Environmental Protection Act,

415

ILCS

5140(a)(l),

and extend the deadline for final

Board action for an additional ninety days from the current decision deadline, March 24,

2005 to June 22,

2005.

Respectfully submitted,

Kibler Development Corporation & Marion

Ridge Landfill, Inc.,

Petitioners,

By their attorney,

HEDINGER LAW OFFICE

By______

Hedinger Law Office

Step/en F. Hedinger

/

2601 South Fifth St.

Springfield, IL 62703

(217)

523-2753

phone

(217) 523-4366 fax

---

PROOF OF SERVICE

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

J~

day of November, 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 Webb

Illinois Pollution Control Board

James R. Thompson Center

100 W. Randolph St., Suite 11-500

Chicago, IL 60601

HEDINGER LAW OFFICE

2601 South Fifth Street

Springfield, IL 62703

(217) 523-2753 phone

(217) 523-4366 fax