BEFORE THE ILLINOIS
    POLLUTION CONTROL BOARD
    W.R.
    MEADOWS, INC.,
    )
    Petitioner,
    )
    r
    -
    ‘icr
    VS•
    S7
    Case
    No.
    PCB 06-140
    ILLINOIS
    ENVIRONMENTAL
    (Permit Appeal - Air)
    Ofltro
    8
    IS
    PROTECTION
    AGENCY,
    )
    )
    Respondent.
    )
    NOTICE
    OF
    FILING
    PLEASE TAKE NOTICE that on this 5th day of September
    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: September 5,
    2008
    Respectfully Submitted,
    On behalf of
    W.R. MEADOWS, INC., Petitioner
    By:
    Hinshaw & Culbertson LLP
    J S.
    altt’\
    Its
    A*,meys
    HINSHAW &
    CULBERTSON LLP
    416
    Main St.,
    6
    th
    Floor
    Peoria, IL 61602-1220
    309-674-1025
    This
    document utilized
    100%
    recycled paper
    products
    8O268836v
    62507
    BEFORE
    THE
    ILLINOIS
    POLLUTION
    CONTROL
    BOARD
    W.R.
    MEADOWS,
    fNC.,
    )
    )
    Petitioner,
    )
    )
    vs.
    )
    Case
    No.
    PCB
    06-140
    ILLINOIS
    ENVIRONMENTAL
    (Permit
    Appeal
    - Air)
    PROTECTION
    AGENCY,
    )
    )
    Respondent.
    )
    TIME CERTAIN
    WAIVER
    OF STATUTORY
    DECISION
    DEADLINE
    NOW COMES
    the Petitioner,
    W.
    R. MEADOWS,
    INC.,
    pursuant
    to
    35 Iii. Admin.
    Code
    §101
    .308(c)(2)
    and
    files its
    Time
    Certain
    Waiver
    of Statutoiy
    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
    Statutoiy
    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 final
    negotiated
    resolution
    that
    defines
    the scope
    of the
    actions
    needed
    to resolve
    the
    permitting
    and
    compliance
    issues
    involving
    Petitioner’s
    Kane County
    facility.
    The terms
    and conditions
    of the
    final
    negotiated
    resolution
    have
    been reviewed
    and
    approved
    by
    Respondent’s
    management.
    Counsel
    for
    the
    Parties
    represent
    that
    this
    matter
    and
    related
    Case
    No.
    97-195
    will
    be
    resolved
    pursuant
    to
    that
    negotiated
    resolution,
    thereby
    avoiding
    the
    significant expenditure
    of
    time
    and
    resources
    associated
    with
    proceeding
    to hearing
    and
    final
    Board
    decision.
    3.
    To
    allow
    sufficient
    time
    for
    the Parties
    to
    implement
    the
    actions
    required
    by
    the
    negotiated resolution,
    which
    actions
    will
    determine that
    this
    proceeding
    may
    be
    voluntarily
    dismissed, Petitioner
    waives
    the current
    statutory
    decision
    deadline
    of
    November
    27,
    2008,
    and
    requests
    a
    90-day
    extension
    to
    February
    25,
    2009,
    for
    the
    Board’s
    decision
    in
    this
    proceeding.
    Dated:
    September
    5,
    2008
    Respectfully
    Submitted,
    On
    behalf
    of
    W.R.
    MEADOWS,
    [NC.,
    Petitioner
    By:
    Hinshaw
    &
    Culbertson
    LLP
    pf’Its
    At9rneys
    HINSHAW
    &
    CULBERTSON
    LLP
    416
    Main
    St.,
    6
    th
    Floor
    Peoria,
    IL
    61602-1220
    309-674-1025
    This
    document
    utilized
    100%
    recycled
    paper
    products
    BEFORE
    THE
    ILLINOIS
    POLLUTION
    CONTROL
    BOARD
    W.R.
    MEADOWS,
    INC.,
    Petitioner,
    vs.
    ILLINOIS
    ENVIRONMENTAL
    PROTECTION
    AGENCY,
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    Case
    No.
    PCB 06-140
    (Permit
    Appeal
    -
    Air)
    CERTIFICATE
    OF SERVICE
    I, the
    undersigned,
    hereby
    certify
    that
    on
    this 5th day
    of September
    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:
    John Therriault,
    Asst.
    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:
    September
    5,
    2008
    H1NSHAW
    &
    CULBERTSON
    LLP
    416
    Main
    St.,
    6
    th
    Floor
    Peoria,
    IL
    6
    1602-1220
    309-674-1025
    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
    Respectfully
    Submitted,
    By:
    Hinshaw
    & Culbertson
    LLP
    This
    document
    utilized
    100%
    recycled
    paper
    products
    80268834v1
    62507

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