1. NOTICE OF FILING
      2. CERTIFICATE OF SERVICE
      3. NOTICE OF WAIVER OF 120-DAYDECISION DEADLINE FOR AN ADDITIONAL NINETY DAYS
R~C~VED
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLERK’S
OFFICE
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
)
)
)
PCB No. 04-66
)
(RCRA Permit Appeal)
)
Respondent.
)
NOTICE OF FILING
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 Webb, 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 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:
April
13,
2005
Edward W. Dwyer
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois
62705-5776
(217) 523-4900
By:/V~~
Edward W. Dw~q(~
THE PREMCOR REFINING
GROUP INC.,.
Petitioner,
v.
)
)
)
)
APR
15
2005
STATE OF ILLINOIS
Pollution Control Board
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. DorothyM. 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 April 13, 2005.
Edward~T,~wyer
PREM:005/RCRA Permit AppeaLINOF-COS
—
Notice of Waiver6
BEFORE THE ILLINOIS POLLUTION CONTROL ~
THE PREMCORREFINING
)
APR
152005
GROUP INC.,
)
)
STATE OF ILLINOIS
Petitioner,
)
Pollution
Control Board
)
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 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 ninety (90) days, or until October
19,
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 Modif~’
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.
On March 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 November4,
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 ofWaiver of 120-day
decision deadline for an additional ninety (90) days, or until May 3, 2005.
6.
On December 28, 2004, Petitioner filed a Notice ofWaiver of 120-day
decision deadline for an additional ninety (90) days, or until August 1, 2005.
The Board
subsequently accepted this waiver, but set the decision deadline forJuly 21, 2005, due to
the Board’s meeting being held on that date.
7.
The parties are currently engaged in discussions that should result in the
resolution of this matter.
However, these efforts may extend beyond the statutory
decision deadline ofJuly 21, 2005.
8.
Therefore, Petitioner hereby voluntarily agrees to
an additional waiver of
the statutory
120-day decision deadline for an additional ninety (90) days, or until
October 19, 2005 to provide the parties with an opportunity to resolve this
matter without
the need for hearing.
WHEREFORE, Petitioner, THE PREMCOR REFINING GROUP INC., prays
that the Illinois Pollution Control Board accept this waiver ofthe statutory 120-day
2
decision deadline for an
additional ninety (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~’
~
Edward W.
w~r
Dated:
April
13, 2005
Edward W. Dwyer
HODGE DWYER ZEMAN
3150 RolandAvenue
~PostOffice Box 5776
Springfield, Illinois
62705-5776
(217) 523-4900
PREM:OO5IRCRA Permit Appeal/Notice ofWaiver6
3

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