BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JOHN C. BLICKHAN,
Petitioner,
V
S.
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY,
Case No. PCB 08-59
(Permit Appeal - Land)
Respondent.
NOTICE
John Therriault
Assistant Clerk
Illinois Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, IL 60601-3218
James G. Richardson, Asst. Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
Thomas Davis, Asst. Attorney General
Chief, Environmental Bureau
Office of the Illinois Attorney General
500 South Second Street
Springfield, IL 62706
PLEASE TAKE NOTICE that I have today caused to be filed a
Time Certain Waiver of Statutory
Decision Deadline
with the Illinois Pollution Control Board, copies of which are served upon you.
Dated: July 21, 2008
Respectfully Submitted,
On behalf of JOHN BLICKHAN
By: Hinshaw & Culbertson LLP
HINSHAW & CULBERTSON LLP
416 Main Street – 6th
Floor
Peoria, IL 61602-3126
309-674-1025
309-674-9328 (fax)
ilaletto(a)hinshawlaw.com
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JOHN C. BLICKHAN,
Petitioner,
VS.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
Case No. PCB 08-59
(Permit Appeal - Land)
TIME CERTAIN WAIVER OF STATUTORY DECISION DEADLINE
NOW COMES the Petitioner, JOHN C. BLICKHAN, pursuant to 35 Ill. Admin. Code
§101.308(c)(2) and files his
Time Certain Waiver of Statutory Decision Deadline
to extend the
current statutory deadline for a final Board decision in this 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 June 27, 2008, Petitioner timely filed its
Petition for Review
to appeal a
February 22, 2008, determination of the Illinois Environmental Protection Agency ("IEPA" or
"Agency"), which denied Petitioner's application for completion of the post-closure care period
for the closed Blickhan Landfill. The statutory deadline for filing the Petition had been extended
by the Board's Order entered March 28, 2008, pursuant to a stipulation and request of the
Parties.
2.
On July 10, 2008, the Board issued an Order accepting Petitioner's
Petition for
Review
for hearing and decision on the issues presented.
1
80266092v1 887054
3.
Petitioner and Respondent have undertaken preliminary discussions to explore the
possibility of settlement. If this matter can be resolved by settlement, the expenditure of time
and resources associated with proceeding to hearing and final Board decision will be avoided.
4.
To allow sufficient time for the parties to pursue the technical discussions
necessary to determine the possibility for informal resolution of this matter, Petitioner waives the
current statutory decision deadline of October 27, 2008, and requests a 120-day extension to
February 24, 2009, for the Board's decision in this proceeding.
Dated: July 21, 2008
Respectfully Submitted,
On behalf of JOHN C. BLICKHAN, Petitioner
By: Hinshaw & Culbertson LLP
HINSHAW & CULBERTSON LLP
416 Main St., 6
th Floor
Peoria, IL 61602-1220
309-674-1025
JoKS. alett
One- f Its At e
s
This document utilized
100% recycled paper products
CERTIFICATE OF SERVICE
I hereby certify that I did on July 21, 2008, send by First Class U.S. Mail, with postage thereon
fully prepaid, by depositing in a United States Post Office Box a true and correct copy of the attached
instrument entitled
Time Certain Waiver of Statutory Decision Deadline,
to:
Thomas Davis, Asst. Attorney General
Chief, Environmental Bureau
Office of the Illinois Attorney General
500 South Second Street
Springfield, IL 62706
James G. Richardson, Asst. Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
and the original and ten copies by First Class Mail with postage thereon fully prepaid of the same
foregoing instrument(s) to:
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, IL 60601-3218
Dated: July 18, 2008
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Respectfully Submitted,
On behalf of JOHN BLICKHAN
By: Hinshaw & Culbertson LLP
Arno
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This document utilized 100% recycled paper products
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80266097v1 887054