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 FIRST CLASS 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.,
Petitioner,
Dated: July 13, 2006
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, JULY 13, 2006
CERTIFICATE OF SERVICE
I, Edward W. Dwyer, the undersigned, hereby 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
via electronic mail on July 13, 2006; and upon,
Carol Webb, Esq.
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
Post Office Box 19274
Springfield, Illinois 62794-9274
Greg Richardson, Esq.
Division of Legal Counsel
Illinois Environmental 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 July 13, 2006.
/s/ Edward W. Dwyer
Edward W. Dwyer
PREM:005/RCRA Permit Appeal/NOF-COS – Notice of Waiver12
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JULY 13, 2006
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 additional 120 days, or until March 16, 2007. 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 Petitioner by the Illinois
Environmental Protection Agency 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.
Petitioner has timely sought and obtained waivers of the decision
deadlines so that negotiations with the State might continue. Counsel for Respondent has
concurred in this approach.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JULY 13, 2006
2
4.
The parties are currently engaged in discussions that should result in the
resolution of this matter. However, these efforts may extend beyond the decision
deadline of November 16, 2006.
5.
Therefore, Petitioner hereby voluntarily agrees to an additional waiver of
the statutory 120-day decision deadline for an additional 120 days, or until March 16,
2007, to provide the parties with an opportunity to resolve this 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
decision deadline for an additional 120 days for final action on Petitioner’s Appeal of
Agency Determination Regarding Request to Modify the Approved Closure Plan.
Respectfully submitted,
THE PREMCOR REFINING
GROUP INC.,
Petitioner,
By:
/s/ Edward W. Dwyer
Edward W. Dwyer
Dated: July 13, 2006
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 Waiver12
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JULY 13, 2006