BEFORE THE
    ILLINOIS POLLUTION CONTROL BOARD
    LONE STAR
    INDUSTRIES, INC., )
    Petitioner,
    )
    VS.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    )
    Respondent.
    )
    PCB
    07-112
    (Construction Permit Appeal)
    NOTICE OF FILING
    T O:
    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)
    Bradley P. Halloran, Esq.
    Hearing Officer
    Illinois Pollution
    Control
    Board
    100 West Randolph Street
    Suite 11-500
    Chicago, Illinois 60601
    (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 45 DAYS, a copy of which
    is
    herewith served upon you.
    Respectfully
    submitted,
    Dated: April 4, 2008
    Katherine D. Hodge
    Thomas
    G.
    Safley
    HODGE DWYER ZEMAN
    3150 Roland Avenue
    Post
    Office
    Box
    5776
    Springfield, Illinois 62705-5776
    (217) 523-4900
    LONE STAR INDUSTRIES, INC.,
    Petitioner,
    By: /s/ Thomas
    G. Safley
    Thomas
    G. Safley
    THIS FILING SUBMITTED ON RECYCLED PAPER
    Electronic Filing - Received, Clerk's Office, April 4, 2008
    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 45 DAYS upon:
    M r. John Therriault
    Assistant
    Clerk
    of the Board
    Illinois Pollution Control Board
    100 West Randolph Street
    Suite 11-500
    Chicago, Illinois 60601
    v ia electronic mail on April 4, 2008; and upon:
    Bradley P. Halloran, Esq.
    Hearing Officer
    Illinois Pollution Control Board
    100 West Randolph Street
    Suite 11-500
    C hicago, Illinois 60601
    Division of Legal Counsel
    Illinois Environmental Protection Agency
    1021 North
    Grand Avenue East
    Post Office Box 19276
    Springfield, Illinois 62794-9276
    b y depositing said documents in the
    United States
    Mail, postage
    prepaid, in Springfield,
    Illinois on April 4, 2008.
    /s/ Thomas
    G. Safley
    Thomas
    G. Safley
    L ONE:001/Fil/NOF-COS 5 -Notice of Waiver PCB 07-112
    Electronic Filing - Received, Clerk's Office, April 4, 2008
    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 45
    DAYS
    N OW 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 ยง 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 45 days, or until August 22, 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 February 8, 2008, Petitioner filed its fourth Notice of
    Waiver of
    120-
    Day Decision Deadline in this matter. Pursuant to that Notice of Waiver, the current
    statutory deadline for this matter is July 8, 2008.
    3.
    Petitioner hereby voluntarily agrees to waive the statutory 120-day
    decision deadline for an additional 45 days, or until August 22, 2008, in order to conduct
    settlement negotiations in this matter.
    Electronic Filing - Received, Clerk's Office, April 4, 2008
    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 45 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
    Thomas G. Safley
    Dated:
    April 4, 2008
    Katherine D. Hodge
    Thomas G. Safley
    HODGE DWYER
    ZEMAN
    3150 Roland Avenue
    Post Office Box 5776
    Springfield, Illinois 62705-5776
    (217) 523-4900
    L
    ONE:001/FiUPCB
    Filings 07-112/Notice of Waiver 5 PCB 07-112
    Electronic Filing - Received, Clerk's Office, April 4, 2008

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