ESG WATTS, INC.,

vs .

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent .

Petitioner,

TO

: Michelle Ryan

Division of Legal Counsel

Illinois EPA

1021 North Grand Avenue East

POBox 19276

Springfield, IL 62794-9276

Dated

:October 10, 2006

Respectfully submitted by,

BEFORE THE

ILLINOIS POLLUTION CONTROL BOARD

RECEIVEDCLERK'S

OFFICE

OCT 1 3 2006

NOTICE OF FILING

Pollution

STATE OF

Control

ILLINOISBoard

Carol Webb

Board Hearing Officer

Pollution Control Board

1021 North Grand Avenue East

POBox 19274

Springfield, IL 62794-9274

Woodward,

orney for Petitioner

PLEASE TAKE NOTICE

that I have today filed with the Office of the Clerk of the

Illinois Pollution Control Board the following document, true and correct copies of which

are herewith served upon you

: DECISION DEADLINE WAIVER

.

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BEFORE THE

ILLINOIS POLLUTION CONTROL BOARD

RECEIVE[)

CLERK'S OFFICE

ESG WATTS, INC.,

)

0CT 1 3 2006

(Taylor Ridge Landfill)

)

an

Iowa Corporation,

STATE

OF ILLINOIS

)

Petitioner,

Pollution Control Board

vs .

)

PCB No . 06-06

(Permit Appeal --

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent .

)

OPEN DECISION DEADLINE WAIVER

NOW COMES Petitioner, ESG Wafts, Inc

., acting by and through its attorney Larry

A. Woodward, and pursuant to 35 III . Adm . Code §101

.308(c)(1) waives the Pollution

Control Board's deadline for final action in this matter . In support Petitioner states :

1 .

The above-captioned permit appeal was filed with the Board on or about July

7, 2005 . The permit appeal was taken from the Illinois Environmental Protection Agency's

(IEPA's) partial denial of application for closure permit for the Watts Landfill located in

Rock Island County, Illinois . The current decision deadline is March 30, 2007 .

2 . A hearing scheduled for November 8-9, 2006 on the merits has been

continued because of planned substitution of Plaintiff's Counsel and so that new counsel

may adequately prepare for said hearing .

3 .

The resetting of the hearing and service of the requisite notices will require

additional time extending past the current decision deadline waiver .

Respectfully submitted by,

ESG Watts, Inc ., Petitioner

By:

. Woodward, At rney

for Petitioner

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RECEIVEDCLERK'S

OFFICE

OCT

1 3 2086

CERTIFICATE OF SERVICE

Pollution

STATE OF

Control

ILLINOISBoard

I hereby certify that I did on the 10

th

day of October, 2006, on or before 6

:00 p.m .

send by First Class Mail, with postage thereon fully prepaid, by depositing in the U

.S

. mails

a true and correct copy of the following instruments entitled NOTICE OF FILING and

DECISION DEADLINE WAIVER to the following person addressed as follows

:

Division of Legal Counsel

Carol Webb

Special Asst Atty General

Board Hearing Officer

Illinois EPA

Pollution Control Board

1021 North Grand Avenue, E

POBox 12974

Springfield, IL 62794-9276

1021 North Grand Avenue, E

Springfield, IL 62794-9274

Dorothy Gunn, Clerk

Pollution Control Board

State of Illinois Center

Suite 11-500

100 West Randolph

Chicago, IL 60601

G

Woodward, Attor ey for Petitioner

I

and the original of said foregoing instruments by First Class Mail with postage thereon fully

prepaid to the following person addressed as follows

:

C

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