I
RECEIVEDCLERKS
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
FEB 2 4 2006
the Matter of:
)
In
Pollution
STATE OF
Control
ILLINOISBoard
W. R. MEADOWS, INC.,
)
Petitioner,
v.
PCB No .
)
THE ILLINOIS ENVIRONMENTAL
)
(Permit Appeal
- Air)
PROTECTION AGENCY,
)
Respondent.
)
NOTICE OF FILING
PLEASE TAKE NOTICE that on February 22, 2006, a copy of the attached Joint
Request for Extension of Time to File Petition for Review was filed with the Office of the Clerk
of the Pollution Control Board, a copy of which is herewith served on you
.
Respectfully submitted,
W. R. MEADOWS, INC .
Jon S
. Faletto
Attorney for Petitioner
Howard & Howard Attorneys, P .C.
One Technology Plaza, Suite 600
211 Fulton Street
Peoria, IL 61602-1350
(309) 672-1483
jen ;G
:\m\meadows\illpetm\pldgs\NOF2-22-06.doc
(12977-2)
By:
-% o
'//I~
o4V
letto, M orney for Petitioner
THIS FILING IS SUBMITTED ON RECYCLED PAPER
RECEIVEDCLERKS
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
p
FEB 2 4 2006
W.R. MEADOWS, INC .,
)
Pollution
STATE OF
Control
ILLINOISBoard
Petitioner,
)
vs
.
PCB No .
U
)
(Permit Appeal - Air)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
)
JOINT REQUEST FOR EXTENSION OF TIME
TO FILE PETITION FOR REVIEW
NOW COMES the Petitioner, W . R. MEADOWS, INC. (hereafter "Meadows" or "Petitioner"),
and the Respondent, ILLINOIS ENVIRONMENTAL PROTECTION AGENCY (hereafter "Agency" or
"Respondent"), by and through their respective legal counsel, and submit this Joint Request for Extension
of Time to File Petition for Review, pursuant to the authority of Illinois Pollution Control Board Rule
105
.208 (35 Ill. Adm . Code Section 105 .208) and Section 40(a)(1) of the Illinois Environmental
Protection Act [415 ILCS 5/40(a)(1)] .
In support of their Joint Request, the Petitioner and Respondent state as follows :
On October 31, 2005, Petitioner filed with the Agency its Application for Renewal of
Operating Permit for the existing equipment and processes at Meadows' Hampshire, Illinois facility.
2.
On or about January 25, 2006, Mr . Donald E. Sutton, P.E., Manager of the Permit
Section, Division of Air Pollution Control, issued a Permit Denial for Meadows' Application for
Operating Permit.
3.
On January 30, 2006, Petitioner received the Permit Denial letter via Certified Mail ,
and
as such, this Joint Request for Extension of Time to File Petition for Review is timely filed within the 35
(thirty-five) day "initial appeal period" prescribed by Board Rule 105 .208 and Section 40(a)(1) of the
Illinois Environmental Protection Act.
rEB-22-2006 13 :01
DLC LEGAL
4.
Representatives of Petitioner and the Agency have already held telephone conferences to
discuss the basis for the Permit Denial and to explore the possibility for resolution of contested issi es
without the need for proceeding with a formal Permit Appeal before the Pollution Control Board
.
5.
In the interests of preserving the resources of the Board that otherwise would be devo ed
to a Permit Appeal, Petitioner and Respondent jointly request an extension of 90 (ninety) days from he
date of receipt of said Permit Denial for Petitioner to file its Petition for Review, thereby extending he
deadline for filing to and including April 29, 2006
. The extension of time will allow representatives for
Petitioner and Respondent the time needed for further discussions to resolve the underlying legal
: nd
factual issues, if possible, and thereby avoid the need for a formal Permit Appeal proceeding .
WHEREFORE, the Petitioner and Respondent jointly request a ninety (90) day extension oft me
to and including April 29, 2006 for Petitioner to file its Petition for Review of the January 25`
° Pe mit
Denial and pray for entry of an Order by the Pollution Control Board
granting their joint request .
Respectfully submitted,
W. R. Meadows, Inc .
Illinois Environmental Protection Agency
for tutioner
J
Faletto v
Howard & Howard Attorneys, P .C.
One Technology Plaza, Suite 600
211 Fulton Street
Peoria, IL 61602-1350
(309) 672-1483
2
Attorney for Res dent
Robb Layman, Assistant Counsel
Bureau of Air - Division of Legal Counsel
Illinois Environmental Protection Agency
1021 N
. Grand Avenue East, P. O. Box 19276
Springfield, IL 62794-9276
(217) 782-5544
P .02/02
- OTAL P . 02
Robb Layman
Assistant Counsel -
Bureau of Air
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P. 0. Box 19276
Springfield, IL 62794-9276
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
W. R. MEADOWS, INC
.,
)
Petitioner,
)
vs.
PCB No .
)
(Permit Appeal - Air)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
)
CERTIFICATE OF SERVICE
I, the undersigned, certify that I have served the attached Joint Request for Extension of Time to
File Petition for Review
on this 22nd day of February 2006, via first-class mail, postage fully prepaid,
upon the following persons
:
G
:\M\Meadows\IllPerm\PLDGS\JointRequest Ext PemitAppealFinal 2-22-06 .doc
3
Ms. Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
James R . Thompson Center
100 West Randolph, Suite 11-500
Chicago, IL 60601
e
1R.
Howard & Howard Attorneys, P . C.
One Technology Plaza
211 Fulton Street, Suite 600
Peoria, IL 61602-1350
(309) 672-1483
(309) 672-1568 (Fax)
ttomey for Petitioner
