BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PERFETTI VAN MELLE USA, INC .,
Petitioner,
vs.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent
.
NOTICE OF FILING
PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk of the
Pollution Control Board the Time
Certain Waiver of Statutory Decision Deadline, a copy of
which is herewith served upon you.
Dated : March 16, 2006
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
Respectfully submitted,
PERFETTI VAN MELLE USA, INC .
By:
I ALAW'e&/&~Zz
K-'~4
alettotiorney-for Petitioner
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PERF TI VAN MELLE USA, INC.,
)
Petitioner,
)
vs.
)
ILLINOIS ENVIRONMENTAL
)
Respondent.
)
PROTECTION AGENCY,
ME CERTAIN WAIVER OF STATUTORY DECISION DEADLINE
NOW COMES the Petitioner, PERFETTI VAN MELLE USA, INC ., pursuant to 35 Ill
.
Admin . Code ยง 101 .308(c)(2) and files its
Time Certain Waiver of Statutory Decision Deadline to
extend the current statutory deadline for a final Board decision in this permit appeal proceeding
as
specified in Section 40 of the Illinois Environmental Protection Act, 415 ILCS 5/40 (the "Act")
. In
support of its Time Certain Waiver of Statutory Decision Deadline,
Petitioner states :
1 .
On September 12, 2002, Perfetti Van Melle filed a Petition for Review of the Illinois
Environmental Protection Agency's decision on May 7, 2002 to deny the Petitioner's Application
for a Lifetime Operating Permit . On September 19, 2002 the Board issued an Order accepting the
Petition for hearing.
2.
Petitioner and Respondent have undertaken discussions to explore the possibility of
settlement. As a result of those negotiations, settlement of this action appears likely
. If this matter
can be resolved by settlement, 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
PCB 02-215
(Permit Appeal - Air)
3 .
To allow sufficient ti e for the parties to finalize settlement discussions, Petitio e
waives the current statutory decision deadline of June 29, 2006 and requests a 60-day extension to
August 28, 2006, for the Board's decision in this proceeding .
HOWARD & HOWARD ATTORNEYS, P.C.
Dated: March 16, 2006
Jon S . Faletto
Howard & Howard Attorneys, P .C.
One Technology Plaza, Suite 600
211 Fulton Street
Peoria, IL 61602
(309) 672-1483
&\I-v\van melle\petmil appeal (3)\pld\time certain waiver #15 3-1&06,doc
THIS FILING IS SUBMITTED ON RECYCLED PAPER
By :
2
"ka,
v'
a
'Ai%i
tto ,
~rney for Petitioner
Perfe
n Mel SA, Inc.
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PERFETTI VAN MELLE USA, INC .,
Petitioner,
Vs.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent
.
CERTIFICATE OF SERVICE
I, the undersigned, hereby certify that on this 16th day of March 2006, I have served the
attached Time Certain 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
. Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph, Suite 11-500
Chicago, IL 60601
Robb Layman, Esq .
IEPA - Division of Legal Counsel
1021 North Grand Avenue East
P . 0. Box 19276
Springfield, IL 62794-9276
Jon S
. Faletto
Howard & Howard Attorneys, P .C.
One Technology Plaza, Suite 600
211 Fulton Street
Peoria,
TI,
61602
(309) 672-1483
g.'1-v\van melle\pemut appeal (3)\pld\time certain waiver #15 3-16-06 .doc
3
Honorable Bradley J . Halloran
Hearing Officer
James R
. Thompson Center
Illinois Pollution Control Board
100 West Randolph, Suite 11-500
Chicago, IL 60601
1 IZ
60
etto
THIS FILING IS SUBMITTED ON RECYCLED PAPER
