I-R~ECEIVED
BEFORE THE ILLINOIS
POLLUTION CONTROL BuJ~RK~s
OFFICE
THE PREMCORREFINING
GROUP INC.,
)
Petitioner,
)
)
)
ILLiNOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
PCB
No. 04-66
)
(RCRA
Permit Appeal)
Respondent.
NOTICE OF FILING
TO:
Ms.
DorothyM. 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 ofthe Clerk of
the Illinois Pollution Control Board an original and nine copies of Petitioner The Premcor
Refining Group Inc.’s,
NOTICE OF WAIVER OF 120-DAY DECISION
DEADLINE
FOR
AN ADDITIONAL NINETY
DAYS,
copies of which are hereby served upon
you.
Respectfully submitted,
THE PREMCOR REFINING
GROUP INC.,
Petitioner,
Dated:
June 20, 2005
Edward W. Dwyer
HODGE
DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois
62705-5776
(217) 523-4900
By:~T
Edward W.
)
)
V.
JUN 222005
STATE OF ILLINOIS
Pollution Control Board
)
)
THIS FILING SUBMITTED ON RECYCLED PAPER
CERTIFICATE OF SERVICE
I, Edward W. Dwyer, the undersigned,
certify that Ihave served the attached
NOTICE OF WAIVER OF
120-DAY DECISION DEADLINE FOR AN ADDITIONAL
NINETY DAYS, upon:
Ms. Dorothy M. Gunn
Clerk of the 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 June 20, 2005.
.
Edward ~
PREM:005/RCRA Permit AppealiNOF-COS
—
Notice ofWaiver7
BEFORE THE ILLINOIS POLLUTION CONTROL BOJREC~VEO
CLERK’S OFFICE
THE PREMCORREFINING
)
GROUP INC.,
)
JUN
222005
)
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 DWYERZEMAN, pursuant to
35111. Admin.
Code
§
101.1
05(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, oruntil 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
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.
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 acceptedthis
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, 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 for July 21, 2005, due to
the Board’s meetingbeing held on that date.
7.
On April 13, 2005, Petitioner filed a Notice of Waiver of 120-day decision
deadline for an
additional ninety (90) days, oruntil October
19, 2005.
8.
The parties are currently engagedin discussions that should result in the
resolution
ofthis
matter.
However, these efforts may extend beyond the statutory
decision deadline ofOctober
19, 2005.
9.
Therefore, Petitioner hereby voluntarily agrees to an additional waiver of
the statutory
120-day decision deadline for an additional ninety (90) days, or until
January 17, 2006,
to
provide the parties with an opportunity to resolve this matter without
the need for hearing.
2
WHEREFORE, Petitioner, THE PREMCOR REFINING GROUP INC., prays
that the Illinois Pollution Control Board accept this waiver of the statutory 120-day
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. Dwye~’~
Dated:
June 20, 2005
Edward W.
Dwyer
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois
62705-5776
(217) 523-4900
PREM:OO5IRCRA Permit Appeal/Notice of Waiver7
3
