BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
W.R. MEADOWS, INC.,
Petitioner,
vs.
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ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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Board
Case No. PCB 06-140
(Permit Appeal - Air)
NOTICE OF FILING
PLEASE TAKE NOTICE that on this 28th
day of January, 2008, 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: January 28, 2008
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Respectfully Submitted,
On behalf of W.R. MEADOWS, INC., Petitioner
By: Hinshaw & Culbertson LLP
HINSHAW & CULBERTSON LLP
416 Main St., 6
th
Floor
Peoria, IL 61602-1220
309-674-1025
This document utilized 100% recycled paper products
80255719v' 865433
RCF
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
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OIFVFIFED
OF ILLINOIS
VS.
ILLINOIS ENVIRONMENTAL
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:
1.
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. The preliminary settlement agreement has been reviewed and approved by
Respondent's management. Counsel for the parties represent that this matter and related Case
1
80255717v1 865433
W.R. MEADOWS, INC.,
Petitioner,
Case No. PCB 06-140
(Permit Appeal - Air)
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. Meetings and
communications between the Parties have confirmed all but one final aspect of the parties'
settlement agreement.
3.?
To allow sufficient time for the parties to finalize the settlement terms and
conditions, Petitioner waives the current statutory decision deadline of May 29, 2008, and
requests a 90-day extension to August 29, 2008, for the Board's decision in this proceeding.
Dated: January 28, 2008
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Respectfully Submitted,
On behalf of W.R. MEADOWS, INC., Petitioner
By: Hinshaw & Culbertson LLP
Jon.
66fer
Fal tto
HINSHAW & CULBERTSON LLP
416 Main St., 6 th Floor
Peoria, IL 61602-1220
309-674-1025
On of Atto eys
This document utilized 100% recycled paper products
Respectfully Submitted,
On behalf of W.R. MEADOWS, INC., Petitioner
By: Hinshaw
&
Culbertson LLP
RECEIVED
CLERK'S OFFICE
Case No. PCB 06-140
(Permit Appeal - Air)
JAN 3 1 2008
p
STATE
ollution
OF
Control
ILLINOISBoard
W.R. MEADOWS, INC.,
Petitioner,
VS.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
Respondent.
CERTIFICATE OF SERVICE
I, the undersigned, hereby certify that on this 28
th
day of January 2008, 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:
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
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: January 28, 2008
HINSHAW & CULBERTSON LLP
416 Main St., 6th Floor
Peoria, IL 61602-1220
309-674-1025
This document utilized 100% recycled paper products
80255723v1 865433