RER.$
FFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
DEC 1 1 2006
W
.R
. MEADOWS, INC.,
Pollution OF ILLINOIS
Petitioner,
)
vs .
)
Case No
. PCB 06-140
ILLINOIS ENVIRONMENTAL
(Permit Appeal -
Air)
PROTECTION AGENCY,
)
Respondent .
)
NOTICE OF FILING
PLEASE TAKE NOTICE that on this 6`h
day of December 2006, a copy of the attached
Time Certain Waiver of
Statutory Decision Deadline
was filed with the Office of the Clerk of
the Illinois Pollution Control Board, a copy of which is herewith served on you
.
Dated: December 6, 2006
Respectfully Submitted,
On behalf of W .R
. MEADOWS, INC.,
Petitioner
By
: Hinshaw & Culbertson LLP
HINSHAW & CULBERTSON LLP
456 Fulton Street, Suite 298
Peoria, IL 61602-1220
309-674-1025
This document utilized 100% recycled paper products
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
R
CLERK'S
E`rI=1VED
OFFICE
W.R. MEADOWS, INC
.,
DEC
1 1.2006
Petitioner,
Pollution
STATE OF
Control
ILLINOISBoard
vs.
)
Case No. PCB 06-140
ILLINOIS ENVIRONMENTAL
(Permit Appeal- Air)
PROTECTION AGENCY,
)
Respondent .
)
TIME CERTAIN WAIVER OF STATUTORY DECISION DEADLINE
NOW COMES the Petitioner, W. R. MEADOWS, INC
., pursuant to 35 Ill. Admin. Code
ยง101 .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 :
On May 3, 2006, Petitioner timely filed its Petition for Review to appeal a
January 30, 2006, determination of the Illinois Environmental Protection Agency ("IEPA" or
"Agency"), which denied Petitioner's application for renewal of an Operating Permit for existing
equipment and processes at its Kane County facility
. On May 4, 2006, the Board issued an
Order accepting Meadows' Petition for Review for hearing and decision on the issues presented .
2.
Petitioner and Respondent have undertaken discussions to explore the possibility
of settlement of this matter and a related proceeding pending before the Board as Case No . 97-
195 . The parties have reached a preliminary settlement agreement that defines the scope of the
actions needed to resolve the permitting and compliance issues involving Petitioner's Kane
County facility . At present, the preliminary settlement agreement is being reviewed by
Respondent's management for concurrence on the agreed terms of settlement .
Assuming
1
80229147v1 865433
approval by all appropriate officials within Respondent's organization, this matter and related
Case No. 97-195 will be resolved by settlement, thereby avoiding the significant expenditure of
time and resources associated with proceeding to hearing and final Board decision .
3 .
To allow sufficient time for the parties to finalize the preliminary settlement,
Petitioner waives the current statutory decision deadline of February 27, 2007, and requests a
120-day extension to June 27, 2007, for the Board's decision in this proceeding .
Dated: December 6, 2006
Respectfully Submitted,
On behalf of W .R. MEADOWS, INC ., Petitioner
By: Hinshaw & Culbertson LLP
HINSHAW & CULBERTSON LLP
456 Fulton Street, Suite 298
Peoria, IL 61602-1220
309-674-1025
This document utilized 100% recycled paper products
W
.R
. MEADOWS, INC .,
Petitioner,
vs.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent .
CERTIFICATE OF SERVICE
I the undersigned, hereby certify that on this 6`s
day of December 2006, I have served the
attached
Time Certain Waiver of Statutory Decision Deadline, 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 Street, Suite 11-500
Chicago, IL 60601
Honorable Bradley J. Halloran
Hearing Officer
James R. Thompson Center
Illinois Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, IL 60601
Dated : December 6, 2006
HINSHAW & CULBERTSON LLP
456 Fulton Street, Suite 298
Peoria, IL 61602-1220
309-674-1025
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
Case No. PCB 06-140
(Permit Appeal - Air)
RECE
IVED
2006
PoIIutiata
STATE
.
COP'
rc
LLINOISBoard
Robb Layman
Assistant Counsel - Bureau of Air
Division of Legal Counsel
Illinois Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
Respectfully Submitted,
On behalf of W .R. MEADOWS, INC
., Petitioner
By
: Hinshaw & Culbertson LLP
This document utilized 100% recycled paper products
