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RECEIVED
CLERK’S OFRCE
BEFORE THE
ILLINOIS POLLUTION
CONTROL BOARD
JUL
062005
PAUL JOHNSON, INC.,
STATE OFILUNOIS
Pollution Control Board
Petitioner,
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PCB
No.
05-109
(Water Well Setback Exception)
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY and CITY OF
WATERMAN, ILLINOIS,
Respondents.
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NOTICE
OF. FILING
To:
Torn Difasio
Director ofPublic Works
Village of Waterman
‘•
Keyin E. Buick
Counsel for Villageof Waterman
Cliff, Foster, Comeille & Buick
Lynn Dunaway
-.
Charles Gunnarson
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Illinois
Environmental Protection Agency
Public Water Supplies
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Field Operation Headquarters
Bradley P. Halloran
Hearing Officer
..
IllinOis Pollution Control Board
PLEASE
TAKE
NOTICE that I have today filed with the Office ofthe Clerk ofthe Illinois
Pollution Control Board the
Petitioner’s Motion to File Certificate of Acceptance Instanter
and
Certificate ofAcceptance,
copies
ofwhich are herewith served upon you
July 6, 2005
Richard M
Saines
BAKER & McKENZIE
130 East Randolph Drive, Suite 3500
Chicago, illinois
60601
(312)861-8000’
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THIS FILING IS SUBMITTED ON RECYCLED
PAPER
BAKER & McKENZIE
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CLERK’S OFF~c~
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BEFORE THE ILLINOIS POILUTION CONTROL BOARD5
JUL
062005
PAUL JOHNSON, INC.,
STATE OF ILLINOIS
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PoIIut~onControj
Boarc~
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Petitioner,
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PCB No~
05~1090
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.v.
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(Water Well Setback Exception)
ILLINOIS ENVIRONMENTAL
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PROTECTION AGENCY and CITY OF
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WATERMAN,
ILLINOIS,
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Respondents.
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MOTION TO
FILE
CERTIFICATE OF ACCEPTANCE INSTANTER
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Paul
Johnson
Inc.
by
its
attorneys Baker
&
McKenzie
hereby
files its:Motion
to
File
Certificate of.Acceptànce Instanter and in support thereofstates as follows:
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1.
On May 19, 2005 the Board issUed an
Order granting Paul
Johnson Inc.’s petition
for an exception from. Section
14.2 ofthe Illinois Environmental Protection Act;
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2’:
Paul
Johnson
Inc.
has
signed’ the
Certificate
of Acceptance of that
Order
and
intends to file.it with the Bo~rd’
as required by the Board’s procedural ‘rules;
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3~
.The
45th.
day for filing the Certificate ofAcceptance was July
5, 2005;
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,4.
.
Paul
Johnson
Inc.
requests
the
Boa~d’sapproval
to
file
instanter
the
attached
Certificate ofAcceptance, as reflected in this Motion.
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WHEREFORE, Paul Johnson Inc.
respectfully requests
that the Board
grant this Motion
and accept its Certificate ofAcceptance.
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Res
lly subthitted,
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July 6, 200~
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AKER & McKENZIE
Richard M. Saines
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BAKER &
McKENZIE
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130
EastRandolph Drive, Suite 3500
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Chicago, Illinois
60601
(312)861-8000
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Charles W. Gunnarson
Division ofLegal Counsel
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Illinois Environmental Protection Agency
1021
North Grand Avenue East
P.O.Box 19276
Springfield,
Illinois 62794-9276
The
certificate must be signed by an officer ofPJI authorized to bind P11 to all of the
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terms and conditions ofthe final Board order in this matter.
The form ofthe certificate follows:
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CERTIFICATE QF ACCEPTANCE
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I (We),
JOhn
H.
Boies
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000
,
having read
the opinion and order ofthe Illinois Pollution Control Board in docket PCB 05-
109, dated May 19, 2005, understand and accept the opinion and order, realizing
that this acceptance renders all terms and conditions ofthe water well setback
exception set forth in that order binding and enforceable.
Petitioner: PAUL JOHNSON,
INC.
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Authorized Agent
Title:
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esident,
Pau~1
Johnson,
Inc.
Date:
June
30,
2005
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Section 41(a) ofthe Environmental Protection Act provides that finalBoard orders may
be appealed directly to the illinois Appellate Court within 35 days afterthe Board serves the
order.
415 ILCS 5/41(a) (2002);
see also
35 Ill. Adm.
Code 10L300(d)(2),
101.906, 102.706:
Illinois Supreme court Rule 335 establishes filing requirements that applywhen the Illinois
Appellate Court, by statute, directlyreviews administrative orders.
172
Ill. 2d R: 335
The
O
Board’s procedural rules provide that motions forthe Board to reconsider or modify its final
orders maybe filed with the Board within 35
days afterth~
order is received.
35 Ill. Adm. Code
101.520;
see also
35 Ill:Adm.
Code10l.902, 102.700,102.702.
I, Dorothy M. Gunn, Clerk ofthe Illinois Pollution Control Board, certify that the Board
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adopted the above opinion and order on May 19, 2005, by a vote of5-0:
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
CERTIFICATE OF SERVICE
I,
Richard M. Saines,
certify that on July 6, 2005, the
attached Petitioner’s Motion to File
Certificate ofAcceptance Instanter and Certificate of Acceptance
was served, by first-class
mail, upon the following persons:
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:
Tom Difasio
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DirectorofPublic Works
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Village ofWaterma~n
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2 ~5 Adams Street
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,
Waterman, IL
60556
(815) 2.64-3652
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Kevin E. Buick
Cliff, Foster, Corneille & Buick.
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331 West State Street
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Sycamore, IL
60~78
,
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O
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(815)264-3340
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Lynn Dunaway’
.
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O
Charles Gunnarson
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0
00
Illinois Environmental Protection Agency
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Public Water Supplies
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Field Operation Headquarters
1021
North Grand Ave., East
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.
P.O.
Box
19276
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Springfield, IL
62794-9276
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(217)782-1020
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Bradley P. Halloran
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Hearing Officer
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Illinois Pollution Control Board
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James R. Thompson Center, Suite 11-500
100 W. Randolph Street
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Chicago, Illinois 60601
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(312)814-8917
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BAKER & McKENZIE
