THIS FILING SUBMITTED ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
THE PREMCOR REFINING
)
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 of the 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 ELECTRONIC MAIL)
(VIA ELECTRONIC MAIL)
PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk of
the Illinois Pollution Control Board Petitioner The Premcor Refining Group Inc.’s,
NOTICE OF WAIVER OF 120-DAY DECISION DEADLINE FOR AN
ADDITIONAL 120 DAYS
, a copy of which is hereby served upon you.
Respectfully submitted,
THE PREMCOR REFINING
GROUP INC.,
Petit ioner,
Dated: August 15, 2005
By:/s/ Edward W. Dwyer
Edward W. Dwyer
Edward W. Dwyer
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois 62705-5776
(217) 523-4900
Electronic Filing, Received, Clerk's Office, August 15, 2005
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
120 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
via electronic mail on August 15, 2005; and upon:
John J. Kim, Esq.
Divisio n of Legal Counsel
I llino is E nvironmental 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 August 15, 2005.
/s/ Edward W. Dwyer
Edward W. Dwyer
PREM:005/RCRA Permit Appeal/NOF-COS – Notice of Waiver9
Electronic Filing, Received, Clerk's Office, August 15, 2005
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
THE PREMCOR REFINING
)
GROUP INC.,
)
)
Petitioner,
)
)
v.
)
PCB No. 04-66
)
(RCRA Permit Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
NOTICE OF WAIVER OF 120-DAY
DECISION DEADLINE FOR AN ADDITIONAL 120 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 addit ional 120 days, or until May 17, 2006. In
support of this 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 Petit ioner by the Illino is
Environmental Protection Agency (“Illinois EPA”) on September 10, 2003.
2.
On February 6, 2004, Petitioner filed a Notice of Waiver of 120-day
decision deadline for an additional ninety (90) days, or until August 12, 2004. The Board
subsequently accepted this waiver.
3.
Petit ioner has timely sought and obtained waivers of the decisio n
deadlines so that negotiat ions w ith the State might continue. Counsel for Respondent has
concurred in this approach.
Electronic Filing, Received, Clerk's Office, August 15, 2005
2
4.
The parties are currently engaged in discussions that should result in the
resolut ion of this matter. However, these effort s may extend beyo nd the statutory
decision deadline of January 17, 2005.
5.
Therefore, Petit ioner hereby vo luntar ily agrees to an addit ional waiver of
the statutory 120-day decisio n deadline for an additional 120 days, or until May 17, 2006,
to provide the parties wit h an opportunit y to resolve t his matter without 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
decisio n deadline for an addit ional 120 days for fina l act ion o n Petitioner’s Appeal of
Agency Determinat ion Regarding Request to Modify the Approved Closure Plan.
Respectfully submitted,
THE PREMCOR REFINING
GROUP INC.,
Petit ioner,
By:/s/ Edward W. Dwyer
Edward W. Dwyer
Dated: August 15, 2005
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 Waiver9
Electronic Filing, Received, Clerk's Office, August 15, 2005