BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    KCBX
    TERMINALS COMPANY,
    Petitioner,
    v.
    PCB 08-103
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    (Permit Appeal - Air)
    NOTICE OF FILING
    TO: Mr. John Therriault
    Assistant
    Clerk
    Illinois Pollution Control Board
    James R. Thompson Center
    100 West Randolph, Suite 11-500
    Chicago, Illinois 60601
    (VIA ELECTRONIC MAIL)
    Bradley P. Halloran
    Hearing Officer
    Illinois Pollution Control Board
    James R. Thompson Center
    100 West Randolph, Suite 11-500
    Chicago, Illinois 60601
    (VIA US MAIL)
    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 70 DAYS, directed to the Illinois
    Pollution Control
    Board, a copy of which is herewith served upon you.
    Respectfully submitted,
    Dated: October 20, 2008
    Katherine D. Hodge
    Lauren C.
    Lurkins
    HODGE DWYER ZEMAN
    3150 Roland Avenue
    Post Office Box 5776
    Springfield, Illinois
    62705-5776
    (217) 523-4900
    KCBX TERMINALS COMPANY
    Petitioner,
    By: /s/ Katherine D. Hodge
    One of Its Attorneys
    T HIS FILING SUBMITTED ON RECYCLED
    PAPER
    Electronic Filing - Received, Clerk's Office, October 20, 2008
    CERTIFICATE OF SERVICE
    I, Katherine D. Hodge, the undersigned, hereby certify that
    I have served the
    attached NOTICE OF WAIVER
    OF 120-DAY DECISION DEADLINE FOR AN
    ADDITIONAL 70 DAYS upon:
    John T. Therriault
    Assistant Clerk
    of the Board
    Illinois
    Pollution Control Board
    100 West Randolph Street
    Suite 11-500
    Chicago, Illinois 60601
    via electronic
    mail on October 20, 2008; and upon:
    Bradley P. Halloran
    Hearing Officer
    Illinois Pollution Control
    Board
    James R.
    Thompson Center
    100 West Randolph Street
    Suite 11-500
    Chicago, Illinois 60601
    Division of
    Legal Counsel
    Illinois Environmental Protection Agency
    1021 North Grand Avenue East
    Post Office Box 19276
    Springfield,
    Illinois 62794-9276
    by depositing said documents in the United States Mail,
    postage prepaid, in Springfield,
    Illinois on October 20, 2008.
    /s/ Katherine
    D. Hodize
    Katherine D. Hodge
    KCBX-002/Fil/Air
    Permit Appeal - PCB 08-103fWaiver 02-NOF & COS
    Electronic Filing - Received, Clerk's Office, October 20, 2008
    BEFORE THE ILLINOIS POLLUTION
    CONTROL BOARD
    KCBX TERMINALS
    COMPANY,
    )
    Petitioner,
    )
    v.
    )
    PCB 08-103
    (Permit Appeal - Air)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    )
    NOTICE OF WAIVER OF 120-DAY
    DECISION
    DEADLINE FOR AN ADDITIONAL 70 DAYS
    NOW COMES Petitioner,
    KCBX TERMINALS COMPANY (hereinafter
    "Petitioner"), by and
    through its attorneys, HODGE DWYER ZEMAN, pursuant
    to
    35 111. 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 70 days, or until March
    16, 2009. In support of this Notice,
    Petitioner states as follows:
    1.
    On
    June 27, 2008, Petitioner filed a Petition
    for Review of the
    "Construction Permit Grant - Operating
    Permit Denial - NSPS Source" issued
    to
    Petitioner by the
    Illinois Environmental Protection Agency on May
    23, 2008.
    2.
    On July 29, 2008, Petitioner filed
    a Notice of Waiver of 120-Day Decision
    Deadline for an Additional
    70 Days, or until January 5, 2009.
    3.
    Petitioner hereby voluntarily agrees
    to waive the statutory 120-day
    decision deadline for an additional
    70 days, or until March
    16, 2009, in order to conduct
    settlement
    negotiations in this matter.
    Electronic Filing - Received, Clerk's Office, October 20, 2008
    WHEREFORE, Petitioner, KCBX TERMINALS COMPANY, prays
    that the
    Illinois Pollution Control Board accept this waiver of the statutory 120-day decision
    deadline for an additional 70 days for final action on Petitioner's appeal of the
    "Construction Permit Grant - Operating
    Permit Denial - NSPS
    Source"
    issued to it
    by
    the Illinois Environmental Protection Agency.
    Respectfully submitted,
    KCBX TERMINALS COMPANY
    Petitioner,
    By: /s/ Katherine D. Hodge
    One of Its Attorneys
    Dated:
    October
    20, 2008
    Katherine D. Hodge
    Lauren C. Lurkins
    HODGE DWYER ZEMAN
    3150 Roland Avenue
    Post Office Box 5776
    Springfield, Illinois 62705-5776
    (217) 523-4900
    F:\KCBX-002\Filings\Air Permit Appeal - PCB 08-103\Waiver 02
    Electronic Filing - Received, Clerk's Office, October 20, 2008

    Back to top