BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
KCBX TERMINALS COMPANY,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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PCB 08-103
(Pennit 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, Esq.
Hearing Officer
Illinois Pollution Control Board
James
R. Thompson Center
100 West Randolph, Suite 11-500
Chicago, Illinois 60601
(VIA US MAIL)
that I have today filed with the
the
of
the Illinois Pollution Control Board a NOTICE OF WAIVER OF
120~DAY
DECISION DEADLINE,
to
Pollution
Board, a copy
IS
Respectfully submitted,
KCBX TERMINALS COMPANY,
Petitioner,
Dated: November 24, 2008
Katherine
D. Hodge
Lauren
C.
Lurkins
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois 62705-5776
(217) 523-4900
By:
/s/ Katherine
D. Hodge
One
of Its Attorneys
THIS FILING SUBMITTED ON RECYCLED PAPER
Electronic Filing - Received, Clerks's Office, November 24, 2008
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
KCBX TERMINALS COMPANY,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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PCB 08-103
(Permit
Appeal- Air)
NOTICE OF WAIVER OF 120-DAY DECISION DEADLINE
NOW COMES Petitioner, KCBX TERMINALS COMPANY (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 l20-day
decision deadline
final action
by the Illinois Pollution Control Board in this
procee:dlrlg until
21,
Notice. PetltIOner states as
WillOWS:
1.
On June
2008, Petitioner filed a Petition for
of the
"Construction Permit
Up<~ratmg
Permit Denial
SotlrCt~U
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 l20-Day Decision
Deadline for an Additional 70 Days, or until January
5,2009.
3.
On October 20,2008, Petitioner filed a Notice of Waiver of l20-Day
Decision Deadline for an Additional 70 Days, or until March 16,2009.
4.
Petitioner hereby voluntarily agrees to waive the statutory l20-day
decision deadline by an additional 66 days, or until May 21, 2009, in order to conduct
settlelnellt
n1egc,tIatl0I1S in this matter.
Electronic Filing - Received, Clerks's Office, November 24, 2008
WHEREFORE, Petitioner, KCBX TERMINALS COMPANY, prays that the
Illinois Pollution Control Board accept this waiver
of the statutory 120-day decision
deadline for final action on Petitioner's appeal
of the "Construction Pennit Grant-
Operating Pennit Denial - NSPS Source" issued to it by the Illinois Environmental
Protection Agency.
Respectfully submitted,
KCBX TERMINALS COMPANY,
Petitioner,
Dated: November
24,2008
Katherine D. Hodge
Lauren
Lurkins
HODGE DWYER ZEMAN
31
Roland Avenue
Post Office
SplrmJ2,!H~ld,
Illinois
By:
/s/ Katherine
D. Hodge
One
of Its Attorneys
KCBX:003iFiII
Air Pennit AppeaJ.j"Ltl 08- !03iWaiver 03
2
Electronic Filing - Received, Clerks's Office, November 24, 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 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 November 24,2008; and upon:
Bradley
P. Halloran, Esq.
Hearing Officer
Illinois Pollution Control Board
James
R. Thompson Center
100 West Randolph Street
Suite 11-500
chicago, Illinois 60601
by depositing said documents in the United States Mail, postage prepaid, in Springfield,
Illinois on November 24, 2008.
/s/ Katherine
D. Hodge
Katherine
D. Hodge
KCBX-002/Fil/Air Permit Appeal - PCB 08-103/Waiver 03- NOF
&
COS
Electronic Filing - Received, Clerks's Office, November 24, 2008
