REC~VED
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLERK’S OFFICE
U. S. MINERALS, LLC,
))
STATE
JUL
OF
(15
ILLINOIS
2005
Petitioner,
)
Pollution Control Board
)
VS.
)
PCBO5-182
)
(Permit Appeal
—
Air)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
WAIVER OF STATUTORY DECISION DEADLINE
NOW COMES the Petitioner,
U. S.
MINERALS, LLC, pursuant to
35
Ill. Admin. Code
§
101 .308(c)(2) and waives the current statutory deadline for the final Board decision in this permit
appeal proceeding as specified in Section 40 ofthe Illinois Environmental Protection Act,
415
IILCS
5/40
(the “Act”). In support ofits waiver, Petitioner states:
1. On April 6,
2005,
U.S. Minerals filed a Petition for Review of the Illinois
Environmental Protection Agency’s decision on March 2, 2005 to issue a final Lifetime Operating
Permit with permit conditions and terms that were not acceptable to Petitioner. On April 21, 2005
the Board issued an Order accepting the Petition for hearing.
2.
Petitioner and Respondent have undertaken discussions to explore the possibility of
settlement including certain revisions to the challenged terms and conditions of the Lifetime
Operating Permit for the subject facility. If this matter can be resolved by negotiation, the
expenditure of time and resources associated with proceeding to hearing and final Board decision
will be avoided.
THIS FILING IS SUBMITTED ON RECYCLED PAPER
1
3.
To allow sufficient time for the parties to complete settlement negotiations and
technical discussions regarding revisions to the Lifetime Operating Permit, Petitioner waives the
current statutory decision deadline and requests an indefinite stay of the statutory decision date in
this proceeding.
HOWARD & HOWARD ATTORNEYS, P.C.
By:___
Jo
.
F etto, ~4~orneyfor Petitioner
U.
erals, M~C
Dated: June 29, 2005
Jon S. Faletto
Howard & Howard Attorneys, P.C.
One Technology Plaza, Suite 600
211 Fulton Street
Peoria, IL 61602
(309)
672-1483
THIS FILING IS SUBMITTED ON RECYCLED PAPER
2
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
U. S. MINERALS, LLC,
Petitioner,
)
)
)
vs.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
)
)
)
)
)
)
PCB
05-182
(Permit Appeal
—
Air)
CERTIFICATE OF SERVICE
I, the undersigned, hereby certify that on this
29th
day of June, 2005, I have served the
attached Waiver of Statutory Decision Deadline for the Board’s decision, by depositing same via
First Class, U.S. Mail, with proper postage prepaid, upon the following persons:
Dorothy M. Gunu, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph, Suite 11-500
Chicago, IL 60601
Jon S. Faletto
Howard & Howard Attorneys, P.C.
One Technology Plaza, Suite 600
211 Fulton Street
Peoria, IL 61602
(309) 672-1483
G:\F\Fairmoun\Stanblast\pldg\OpenWaiver_6-28-05.doc
Dennis E. Brown, Asst. Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P. 0. Box 19276
Springfield, IL 62794-9276
Jo~~letto~
THIS FILING IS SUBMITTED ON RECYCLED PAPER
3
