THIS FILING SUBMITTED ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
LONE STAR INDUSTRIES, INC.,
)
)
Petitioner,
)
)
v.
)
PCB 07-112
)
(Construction Permit Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
NOTICE OF FILING
TO:
John Therriault, Assistant Clerk
Bradley P. Halloran, Esq.
Illinois Pollution Control Board
Illinois Pollution Control Board
100 West Randolph Street
100 West Randolph Street
Suite 11-500
Suite 11-500
Chicago, Illinois 60601
Chicago, Illinois 60601
(VIA ELECTRONIC MAIL)
(VIA FIRST CLASS MAIL)
(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 60 DAYS
, a copy of which is
herewith served upon you.
Respectfully submitted,
LONE STAR INDUSTRIES, INC.,
Petitioner,
Dated: November 26, 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, November 26, 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 60 DAYS 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 November 26, 2007; and upon:
Bradley P. Halloran, Esq.
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
by depositing said documents in the United States Mail, postage prepaid, in Springfield,
Illinois on November 26, 2007.
/s/ Thomas G. Safley
Thomas G. Safley
LONE:001/Fil/NOF-COS 3 – Notice of Waiver PCB 07-112
Electronic Filing - Received, Clerk's Office, November 26, 2007
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
LONE STAR INDUSTRIES, INC., )
)
Petitioner,
)
)
vs.
)
PCB 07-112
)
(Construction Permit Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
NOTICE OF WAIVER OF 120-DAY
DECISION DEADLINE FOR AN ADDITIONAL 60 DAYS
NOW COMES Petitioner, LONE STAR INDUSTRIES, INC., d/b/a Buzzi
Unicem USA (hereinafter “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 in this proceeding for an additional 60 days, or until May 9, 2008. In support of
this Notice, Petitioner states as follows:
1.
On May 15, 2007, Petitioner filed a Petition for Review of the
construction permit issued to Petitioner by the Illinois Environmental Protection Agency
on April 6, 2007.
2.
On October 3, 2007, Petitioner filed its second Notice of Waiver of 120-
Day Decision Deadline in this matter. The current statutory deadline for this matter is
March 10, 2008.
3.
Petitioner hereby voluntarily agrees to waive the statutory 120-day
decision deadline, for an additional 60 days, or until May 9, 2008, in order to conduct
settlement negotiations in this matter.
Electronic Filing - Received, Clerk's Office, November 26, 2007
2
WHEREFORE, Petitioner, LONE STAR INDUSTRIES, INC., d/b/a Buzzi
Unicem USA, prays that the Illinois Pollution Control Board accept this waiver of the
statutory 120-day decision deadline for an additional 60 days for final action on
Petitioner’s appeal of the 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: November 26, 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/PCB Filings 07-112/Notice of Waiver 3 PCB 07-112
Electronic Filing - Received, Clerk's Office, November 26, 2007