1. NOTICE OF FILING
  2. CERTIFICATE OF SERVICE
  3. NOTICE OF OPEN WAIVER OF 120-DAY DECISION DEADLINE

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:
Mr. John Therriault
Carol Webb, Esq.
Assistant 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 OPEN WAIVER OF 120-DAY DECISION DEADLINE
, a copy of
which is hereby served upon you.
Respectfully submitted,
THE PREMCOR REFINING
GROUP INC.,
Petitioner,
Dated: October 5, 2007
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, October 5, 2007

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CERTIFICATE OF SERVICE
I, Edward W. Dwyer, the undersigned, hereby certify that I have served the
attached NOTICE OF OPEN WAIVER OF 120-DAY DECISION DEADLINE upon:
Mr. John Therriault
Assistant Clerk of the Board
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
via electronic mail on October 5, 2007; 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 October 5, 2007.
/s/ Edward W. Dwyer
Edward W. Dwyer
PREM:005/RCRA Permit Appeal/NOF-COS – Open Waiver
Electronic Filing, Received, Clerk's Office, October 5, 2007

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.
)

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NOTICE OF OPEN WAIVER OF 120-DAY DECISION DEADLINE
NOW COMES Petitioner, THE PREMCOR REFINING GROUP INC.
(“Petitioner”), by and through its attorneys, HODGE DWYER ZEMAN, pursuant to
35 Ill. Admin. Code § 101.308(c)(1), and hereby agrees to an open waiver of the statutory
120-day decision deadline for final action by the Illinois Pollution Control Board in the
above-referenced proceeding. 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.
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.
3.
Petitioner and Respondent are currently involved in discussions which
may lead to the resolution of all issues pending in this matter.
4.
Therefore, Petitioner hereby voluntarily agrees to an open waiver of the
statutory 120-day decision deadline in order to conduct settlement negotiations in this
matter.
Electronic Filing, Received, Clerk's Office, October 5, 2007

WHEREFORE, Petitioner, THE PREMCOR REFINING GROUP INC., prays
that the Illinois Pollution Control Board accept this open waiver of the statutory 120-day
decision deadline 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: October 5, 2007
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/Open Waiver
Electronic Filing, Received, Clerk's Office, October 5, 2007

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