JOHN C.
    BLICKHAN,
    Petitioner,
    vs.
    ILLINOIS
    ENVIRONMENTAL
    PROTECTION
    AGENCY,
    Respondent.
    John
    Therriault
    Assistant
    Clerk
    of
    the Board
    Illinois
    Pollution
    Control Board
    100
    West Randolph
    Street, Suite 11-500
    Chicago,
    IL
    60601-3218
    )
    Case No.
    PCB
    2008-5
    9
    (Pennit
    Appeal - Land)
    )
    )
    )
    )
    NOTICE
    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
    ofStatutoly
    Decision
    Deadline with the Illinois Pollution Control Board, copies
    of
    which
    are
    served
    upon you.
    Dated:
    January 13, 2009
    Jon S.
    Faletto
    HINSHAW
    & CULBERTSON
    LLP
    416
    Main
    Street
    —
    6”
    Floor
    Peoria,
    IL
    61602-3126
    309-674-1025
    309-674-9328
    (fax)
    fa1etto(dhinshaw1aw .com
    Respectfully Submitted,
    On
    behalf
    of JOHN BLICKHAN
    By:
    c
    BEFORE THE ILLINOIS
    POLLUTION CONTROL
    BOARD
    CLERK’S
    OFFICE
    JAN
    6
    2009
    STATE
    OF
    ILLINOIS
    POIItj
    Controi
    Board
    CERTIFICATE
    OF
    SERVICE
    I
    hereby
    certify
    that
    I did
    on January
    13,
    2009,
    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
    ofStat
    utoly
    Decision
    Deadline,
    to:
    Thomas
    Davis,
    Asst.
    Attorney
    General
    Chief,
    Environmental
    Bureau
    Office
    of
    the Illinois
    Attorney
    General
    500
    South
    Second
    Street
    Springfield,
    II.
    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
    to:
    John
    T.
    Therriault
    Assistant
    Clerk
    of the
    Board
    Illinois
    Pollution
    Control
    Board
    100 West
    Randolph
    Street,
    Suite
    11-500
    Chicago,
    IL
    60601-3218
    Dated:
    January
    13,
    2009
    Respectfully
    Submitted,
    On
    behalf
    of
    JOHN
    BLICKHAN
    By:
    Jon
    S.
    aletto
    HINSHAW
    &
    ULBERTSON
    LLP
    416 Main
    Street
    —
    6th
    Floor
    Peoria,
    IL
    61602-3
    126
    309-674-i
    025
    309-674-9328
    (fax)
    j
    fal etto(dihinshawlaw
    .com
    BEFORE
    THE
    ILLINOIS
    POLLUTION
    CONTROL
    BOARD
    JOHN
    BLICKHAN,
    )
    cLE
    8
    Petitioner,
    )
    JAN
    1
    6
    2009
    Case
    No.
    PCB 08-59
    OIIfli
    STATE
    Op
    C
    0
    jLfN01S
    (Permit
    Arn,eal
    - Land
    ro,
    Board
    ILLINOIS ENVIRONMENTAL
    )
    \
    PROTECTION AGENCY,
    )
    Respondent.
    )
    TIME CERTAIN
    WAIVER
    OF
    STATUTORY
    DECISION
    DEADLINE
    NOW
    COMES the Petitioner,
    JOHN BLICKHAN, pursuant
    to 35 Iii. Admin.
    Code
    §101.308(c)(2) and files his Time Certain Waiver
    of
    Statutoiy
    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 ofStatutory 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 (“JEPA”
    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.
    3.
    Petitioner and Respondent (collectively the “Parties”),
    have
    undertaken
    preliminary discussions to explore
    the
    possibility
    of settlement.
    4.
    On August 19, 2008, technical and legal representatives for the Parties met to
    attempt to
    resolve the technical matters raised in
    this Appeal. At that time, an agreement was
    80275889v1
    67628
    reached
    on
    the additional information
    and investigation
    through
    groundwater
    sampling that
    were
    considered
    necessary to answer
    certain technical
    questions
    about
    conditions
    at
    the Blickhan
    Landfill.
    5.
    Petitioner’s environmental
    consultant
    proceeded
    with
    additional groundwater
    monitoring
    to
    address
    technical
    questions
    raised by the
    IEPA
    representatives.
    Additionally,
    Petitioner’s
    environmental
    consultant
    has assembled
    historic sampling
    results
    and background
    information
    requested
    by
    IEPA
    officials during
    the
    August
    19
    th
    meeting.
    Petitioner recently
    submitted
    that information and
    the results of
    the
    agreed
    additional
    groundwater
    investigations
    to
    IEPA
    officials
    for their review
    and consideration.
    6.
    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.
    To allow
    sufficient
    time for IEPA
    to complete its
    technical review of
    the additional
    information provided
    by
    Petitioner
    and reach
    agreement
    allowing
    informal resolution
    of this
    matter, Petitioner waives
    the
    current
    statutory
    decision deadline
    of May 21, 2009,
    and requests
    an approximate 120-day
    extension to September
    17, 2009,
    for
    the
    Board’s decision
    in this
    proceeding.
    Dated:
    January 13, 2009
    Respectfully
    Submitted,
    On behalf
    of
    JOHN C.
    BLICKHAN
    Petitioner
    By:_____
    Jon
    S.
    Faletto
    Hinshaw
    &
    Culbertson
    LLP
    416
    Main
    St.,
    6
    th
    Floor
    Peoria,
    IL
    61602-1220
    309-674-1025

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