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CLERK’S OFFICE
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BEFORE THE ILLiNOIS POLLUTION CONTROL BOARD
STATE
OF ILLINOIS
PoHution Control Board
HARTFORD WORKING GROUP,
)
)
Petitioner,
)
V
)
v.
)
PCB No.
05-74
)
(Permit Appeal
-
Air)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
NOTICE OF FILING
TO:
Ms.
Dorothy
M.
G
Carol Webb, Esq.
Clerk ofthe Board
Hearing Officer
Illinois Pollution Control Board
Illinois Pollution Control Board
100
West Randolph Street
1021 North Grand Avenue East
Suite 11-500
Post Office Box 19274
Chicago, Illinois
60601
Springfield, Illinois
62794-9274
(VIA FIRST CLASS MAIL)
(VIA FIRST CLASS MAIL)
(SEE PERSONS ON ATTACHED SERVICE LIST)
PLEASE TAKE NOTICE that
I
have today filed with the Office of the Clerk of
the Illinois Pollution Control Board an original and nine copies ofa
NOTICE OF OPEN
WAIVER
OF 120-DAY DECISION DEADLINE,
copies
of
which are hereby served
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V
Respectfully submitted,
HARTFORD
WORKING GROUP
Petitione
By:________
One ofIts Attorneys
Dated:
November 24, 2004
Katherine D. Hodge
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield,
Illinois
62705-5776
(217) 523-4900
THIS FILING SUBMITTED ON RECYCLED PAPER
H
CERTIFICATE OF SERVICE
I, Katherine D. Hodge, the undersigned, certify that I have served the attached
NOTICE OF OPEN WAIVER OF
120-DAY DECISION DEADLINE upon:
Ms. Dorothy M. Gunn
Clerk ofthe Board
Illinois Pollution Control Board
100 WestRandolph Street
Suite 11-500
Chicago, Illinois
60601
Division ofLegal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Post Office Box
19276
Springfield, Illinois
62794-9276
Carol Webb, Esq.
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
Post Office Box
19274
Springfield, Illinois
62794-9274
by depositing said documents in the United States Mail, postageprepaid, in Springfield,
Illinois, on November 24, 2004.
Katherine D. Hodge
BEFORE THE ILLINOIS POLLUTION CONTROL BOA~
~
~
HARTFORD WORKING GROUP,
)
(~GV
29
2OC~
)
STATEOFI~LuI~...
Petitioner,
)
P0liut~onControl
3O~
v.
)
PCB 05-74
)
(Permit Appeal
-
Air)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
NOTICE OF OPEN WAIVER OF 120-DAY DECISION DEADLINE
NOW COMES, Petitioner,
HARTFORD
WORKING
GROUP
(hereinafter
“HWG”), by and through its attorneys, HODGE DWYER ZEMAN, pursuant to 35
Ill.
Admin.
Code
§
101.308(c)(1),
and hereby agrees
to an open waiver ofthe statutory
120-
day decision deadline for final action by the Illinois Pollution Control Board (“Board”) in
the above-referenced proceeding.
In support ofthis Notice, the Petitioner states as
follows:
1.
On October 21, 2004, Petitioner filed a Petition for Review of the Joint
Construction and Operating Permit granted to Petitioner by the Illinois Environmental
Protection Agency on September
14, 2004.
On October 21, 2004, Petitioner also filed a
Motion to Stay Effectiveness of Special Condition 2.0 ofthe Joint Construction and
Operating Permit.
Pursuant to the Board’s Order, dated November 4, 2004, the statutory
decision deadline for this matter February .18,
2005.
2.
OnNovember 4, 2004, the Board accepted this matter for hearing.
3.
On November 18, 2004, the Board granted HWG’s motion to stay the
effectiveness of Special Condition 2.0 until the Board takes final action in this
appeal or
until the Board orders otherwise.
4.
Petitioner hereby voluntarily agrees to
an open waiver of the statutory
120-day
decision deadline in order to conduct settlement negotiations in this matter.
WHEREFORE, Petitioner, HARTFORD WORKING GROUP, prays that the
Illinois Pollution Control Board accept this open waiver of the statutory 120-day decision
deadline for final action on Petitioner’s Petition for Review of the Joint Construction and
Operating Permit issued to it by the
Illinois Environmental Protection Agency.
Respectfully submitted,
HARTFORD WORKING GROUP
Petitioner,
By:
~
One of Its Attorneys
Dated:
November 24, 2004
Katherine D. Hodge
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois
62705-5776
(217) 523-4900
PREM:OO5fFilfOpen Waiver
2
