BEFORE

THE ILLINOIS

POLLUTION

CONTROL

BOARD

DECj

2

2008

CITY

OF JOLIET,

)

POflutjon

STATE

OF

Control

IWNO

Petitioner,

)

)

v.

)

PCB

09-025

)

(Permit

Appeal-Water)

ILLTNOIS

ENVIRONMENTAL

)

PROTECTION

AGENCY,

)

)

Respondent.

)

NOTICE

OF FILING

TO:

See Attached

Service

List

PLEASE

TAKE

NOTICE

that on

December

12, 2008, we

filed

with

the

Office

of the

Clerk

of the

Pollution

Control Board

the attached

Joliet’s

Petition

to

Waive

Statutory

Decision

Deadline,

a copy

of

which

is served

upon

you.

Respectfully

submitted,

THE

CITY

OF JOLIET

By

‘

UL&{L

\

-

One;iof

Its Attorneys

\

_I

Dated:

December

12, 2008

Roy

M. Harsch,

Esq.

Yesenia

Villasenor-Rodriguez,

Esq.

Drinker

Biddle

&

Reath

LLP

191

North Wacker

Drive

- Suite

3700

Chicago,

Illinois

60606

(3 12)

569-1441

(Direct

Dial)

(312)

569-3441

(Facsimile)

THIS

FILING

IS

BEING SUBMITTED

ON RECYCLED

PAPER

---

BEFORE

THE

ILLINOIS

POLLUTION

CONTROL

BOA$flVD

S

OFFICE

DEC.12

2008

CITY

OF

JOLIET,

)

ST

zoII

IL.9N0,S

Petitioner,

)

arcl

)

v.

)

PCB

09-025

V

)

(Permit

Appeal-Water)

ILLINOIS

ENVIRONMENTAL

)

PROTECTION

AGENCY,

)

)

Respondent.

)

JOLIET’S

WAIVER

OF

STATUTORY

DECISION

DEADLINE

NOW

COMES,

Petitioner,

THE

CITY

OF

JOLIET

(hereinafter,

“Joliet”),

by

and

through

its

attorneys,

Drinker

Biddle

&

Reath

LLP,

and

pursuant

to

35

Iii.

Adm.

Code

Section

101.308

and

hereby

waives

the

statutory

decision

deadline

in this

matter.

In

support

thereof,

Joliet

states

as

follows:

1.

On October

17,

2008,

Joliet

timely

submitted

its permit

appeal

to

the

Board

to

review

a September

12,

2008

determination

of

the

Illinois

Environmental

Protection

Agency

(“IEPA”)

regarding

Joliet’s

application

of sewage

sludge

from

its

wastewater

treatment

operations.

2.

Pursuant

to

Section

40(a)(2)

of

the

Act

(415

ILCS

5/40(a)(2)(2007))

the

Board

has

120

days

after

the

date

on

which

it

received

the

petition

for

appeal

to

make

a

decision.

Therefore,

the

120

day

period

expires

on February

16,

2009.

3.

A

hearing

has been

scheduled

in

this

matter

for

January

13,

2009

at the

Village

of

Bolingbrook board

room.

4.

Joliet’s

wishes

to

waive

the

Board’s

statutory

decision

deadline

in

this

matter

until

April

3, 2009.

THIS

FILING

SUBMITTED

ON

RECYCLED

PAPER

---

WHEREFORE,

for

all the

foregoing

reasons,

Petitioner,

THE

CITY

OF

JOLIET,

hereby

waives

its statutory

decision

deadline

until

April

3,

2009.

Respectfully

submitted,

THE

CITY

OF

JOLIET,

Petitioner,

By

Qn,e

of its Attorneys

7’

Dated:

December

12, 2008

Roy

M. Harsch,

Esq.

Yesenia

Villasenor-Rodriguez,

Esq.

Drinker

Biddle

&

Reath

LLP

191

North

Wacker

Drive

- Suite

3700

Chicago,

Illinois

60606

(312)

569-1441

(Direct

Dial)

(312)

569-3441

(Facsimile)

THIS

FILING

SUBMITTED

ON RECYCLED

PAPER

---

CERTIFICATE OF

SERVICE

I,

the

undersigned, certify that

I have served the attached Petition to

Waive Statutory

Decision Deadline, by

First Class Mail, postage

prepaid on December 12, 2008. See Attached

List.

\

kA

Yeseia

Villasenor-Rodriguez

/

)

THIS FILING SUBMITTED ON

RECYCLED PAPER

---

Service List

PCB

09-25

(Permit Appeal —

Water)

Gerald

Karr

Senior Assistant

Attorney

General

69

West

Washington

—

Suite

1800

Chicago,

IL

60602

John

T.

Therriaut

Illinois

Pollution

Control

Board

James

R.

Thompson

Center

100

W.

Randolph

Street

—

Suite

11-500

Chicago,

IL

60601

Bradley

P.

Halloran

Hearing

Officer

Illinois

Pollution

Control

Board

James

R.

Thompson

Center

100

W.

Randolph

Street —

Suite

11-500

Chicago,

IL

60601

CHOIJ

12494015J

THIS FILING

SUBMITTED

ON

RECYCLED

PAPER