THIS FILING SUBMITTED ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
LONE STAR INDUSTRIES, INC.,
)
)
Petitioner,
)
)
v.
)
PCB 07-71
)
(Construction Permit Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
NOTICE OF FILING
TO:
Dorothy M. Gunn, Clerk
Division of Legal Counsel
Illinois Pollution Control Board
Illinois Environmental Protection Agency
100 West Randolph Street
1021 North Grand Avenue East
Suite 11-500
Post Office Box 19276
Chicago, Illinois 60601
Springfield, Illinois 62794-9276
(VIA ELECTRONIC MAIL)
(VIA FIRST CLASS MAIL)
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(SEE PERSONS ON ATTACHED SERVICE LIST)
PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk of
the Illinois Pollution Control Board a
NOTICE OF WAIVER OF 120-DAY
DECISION DEADLINE FOR AN ADDITIONAL 120 DAYS
, directed to the Illinois
Pollution Control Board, a copy of which is herewith served upon you.
Respectfully submitted,
LONE STAR INDUSTRIES, INC.,
Petitioner,
Dated: February 20, 2007
By:
/s/ Thomas G. Safley
One of Its Attorneys
Katherine D. Hodge
Thomas G. Safley
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois 62705-5776
(217) 523-4900
Electronic Filing, Received, Clerk's Office, February 20, 2007
CERTIFICATE OF SERVICE
I, Thomas G. Safley, 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 February 20, 2007; and upon:
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 February 20, 2007.
/s/ Thomas G. Safley
Thomas G. Safley
LONE:001/Fil/NOF-COS – Notice of Waiver
Electronic Filing, Received, Clerk's Office, February 20, 2007
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
LONE STAR INDUSTRIES, INC.,
)
)
Petitioner,
)
)
vs.
)
PCB 07-71
)
(Construction Permit Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
NOTICE OF WAIVER OF 120-DAY
DECISION DEADLINE FOR AN ADDITIONAL 120 DAYS
NOW COMES Petitioner, LONE STAR INDUSTRIES, INC., d/b/a Buzzi
Unicem USA (hereinafter “Lone Star” or “Petitioner”), by and through its attorneys,
HODGE DWYER ZEMAN, pursuant to 35 Ill. Admin. Code § 101.308(c)(2), and hereby
agrees to waive the statutory 120-day decision deadline for final action by the Illinois
Pollution Control Board (“Board”) in this proceeding for an additional 120 days, or until
September 26, 2007. In support of this Notice, the Petitioner states as follows:
1.
On January 29, 2007, Petitioner filed a Petition for Review of the revised
construction permit granted to Petitioner by the Illinois Environmental Protection Agency
(“Illinois EPA”) on December 22, 2006. The current statutory decision deadline for this
matter is May 29, 2007.
2.
Petitioner hereby voluntarily agrees to waive the statutory 120-day
decision deadline, for an additional 120 days, or until September 26, 2007, in order to
conduct settlement negotiations in this matter.
WHEREFORE, Petitioner, LONE STAR INDUSTRIES, INC., d/b/a Buzzi
Unicem USA, prays that the Illinois Pollution Control Board accept this waiver of the
Electronic Filing, Received, Clerk's Office, February 20, 2007
2
statutory 120-day decision deadline for an additional 120 days for final action on
Petitioner’s appeal of the revised construction permit issued to it by the Illinois
Environmental Protection Agency.
Respectfully submitted,
LONE STAR INDUSTRIES, INC.,
Petitioner,
By:
/s/ Thomas G. Safley
One of Its Attorneys
Dated: February 20, 2007
Katherine D. Hodge
Thomas G. Safley
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois 62705-5776
(217) 523-4900
LONE:001/Fil/Notice of Waiver
Electronic Filing, Received, Clerk's Office, February 20, 2007