1. CERTIFICATE OF SERVICE
      2. CLERK’S OFFICE
REcE~vED
CLERK’S OFFICE
BEFORE
THE ILLINOIS
POLLUTION CONTROL
BOARDDEC 302004
THE PREMCORREFINING
)
P~J~t~
Controj
Board
GROUP INC.,
)
)
Petitioner,
)
)
v.
)
PCB No. 04-66
)
(RCRA Permit Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
NOTICE OF FILING
TO:
Ms.
Dorothy
M.
Gunn
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
62794-9276
(VIA FIRST CLASS MAIL)
(VIA FIRST CLASS MAIL)
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 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 PREMCOR REFINING
GROUP INC.,
Petitioner,
Dated:
December 28,
2004
By:,~i
Edward W.
.wyer
Edward W. Dwyer
HOD
GE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield,
Illinois
62705-5776
(217) 523-4900
THIS.
FILING SUBMITTED ON
RECYCLED
PAPER
CERTIFICATE OF SERVICE
I, Edward W. Dwyer, the undersigned,
certify that I have served the attached
NOTICE OF
WAIVER OF
120-DAY DECISION DEADLINE 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 Webb, Esq.
Hearing Officer
Illinois Pollution
Control Board
1021 North Grand Avenue East
Post Office Box 19274
Springfield,
Illinois
62794-9274
John J. Kim, Esq.
Division ofLegal 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 December 28, 2004.
Edward W~f5wyer
PREM:005/RCRA Permit AppealfNOF-COS
—
Notice ofWaiver5
CLERK’S OFFICE
BEFORE THE ILLiNOIS POLLUTION CONTROL BOARD
UEC
302004
THE PREMCORREFINING
)
STATE OF ILLINOIS
GROUP iNC.,
)
POHUtiOfl Controt Boar~i
Petitioner,
)
)
v.
)
PCBNo.04-66
)
(RCRAPermit 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 Ill. Admin.
Code
§
101. 105(c)(2), and hereby agrees to waive the statutory
120-day
decision deadline for final action by the Illinois Pollution Control Board (“Board”), in the
above-referenced
proceeding, for an
additional 90
days, or until
August
1,
2005.
In
support ofthis Notice, the Petitioner states as follows:
1.
On January
13,
2004,
Petitioner filed an Appeal of Agency Determination
Regarding Request to Modify the Approved Closure Plan sent to Petitioner by the Illinois
Environmental Protection Agency (“Illinois EPA”) on September
10, 2003.
2.
On February
6,
2004,
Petitioner filed a Notice ofWaiver of 120-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 of 120-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 of 120-day
decision deadline for an additional
ninety (90) days, or until February 2, 2005.
5.
On October 8, 2004, Petitioner filed a Notice of Waiver of 120-day
decision deadline for an additional
ninety (90) days, or until May 3, 2003.
6.
The parties are currently engaged in
discussions that should result in the
resolution ofthis matter.
However, these efforts may extend beyond the statutory
decision deadline ofMay 3,
2005.
7.
Therefore, Petitioner hereby voluntarily agrees to an additional waiver of
the statutory 120-day
decision deadline for an additional ninety days, or until August
1,
2005 to provide the parties with an opportunity to resolve this matterwithout the need for
hearing.
WHEREFORE, Petitioner, THE PREMCOR REFINING GROUP INC., prays
that the Illinois Pollution Control Board accept this waiver of the statutory
120-day
2
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 PREMCORREFINING
GROUP INC.,
Petitioner,
By:~?,i/”4.
Edward W. k4~~
Dated:
December 28, 2004
Edward W. Dwyer
HODGE
DWYER ZEMAN
3150 Roland Avenue
Post Office Box
5776
Springfield,
Illinois
62705-5776
(217) 523-4900
PREM:005/RCRA Permit Appeal/Notice of
Waiver5
3

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