BEFORE
    THE ILLINOIS
    POLLUTION
    CONTROL
    BOARD
    OPFl
    W.R.
    MEADOWS, NC.,
    )
    JAN
    29
    200g
    Petitioner,
    )
    OIlUtjr
    STATE
    OF
    Control
    ILLINOI
    9oa
    v.
    )
    PCB
    No.
    Case
    No. PCB 06l40
    )
    ILLINOIS
    ENVIRONMENTAL
    )
    PROTECTION
    AGENCY,
    )
    )
    Respondent.
    )
    NOTICE
    OF FILING
    PLEASE
    TAKE
    NOTICE
    that
    on
    this
    23rd day of
    January 2009,
    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 upon
    you.
    Respectfully
    submitted,
    On behalf
    of
    W.R.
    MEADOWS,
    NC.,
    Petitioner
    Jon Sa etto
    One(9*
    Attonys
    Jon S.
    Faletto
    Hinshaw
    & Culbertson LLP
    416
    Main Street,
    6th
    Floor
    Peoria,
    IL 61602
    309-674-1025
    3
    80276712v1 865433 62507
    ED
    BEFORE THE
    ILLINOIS POLLUTION CONTROL
    BOARD
    JAN
    292009
    W.R. MEADOWS INC.,
    )
    Petitioner,
    )
    flU
    .!Ofl
    COn+
    vLroli
    )
    v.
    )
    PCB
    No. Case
    No. PCB 06-140
    )
    ILLINOIS
    ENVIRO1\MENTAL
    )
    PROTECTION AGENCY,
    )
    )
    Respondent.
    )
    TIME CERTAIN WAIVER
    OF STATUTORY DECISION
    DEADLINE
    NOW COMES the Petitioner,
    W. R. MEADOWS, INC., pursuant
    to 35 111. 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 Statutory 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
    80276T12v1
    865433
    62507
    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 May
    4, 2009,
    and
    requests
    a
    60day
    extension
    to July
    3, 2009,
    for
    the
    Board’s
    decision
    in
    this
    proceeding.
    Respectfully
    submitted,
    On
    behalf
    of
    W.R.
    MEADOWS,
    NC.,
    Petitioner
    OneAttoeys
    Jon
    S.
    Faletto
    Hinshaw
    &
    Culbertson LLP
    416
    Main
    Street,
    6th
    Floor
    Peoria,
    IL
    61602
    309-674-1025
    8O27672v1
    865433
    62507
    BEFORE
    THE ILLINOIS
    POLLUTION
    CONTROL
    BOARD
    V.
    ILLINOIS
    ENVIRONMENTAL
    PROTECTION
    AGENCY,
    CERTIFICATE
    OF
    SERVICE
    I, the undersigned,
    hereby certify
    that on this
    23rd
    of January
    2009,
    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
    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,
    Jon
    S.
    Faletto
    Hinshaw
    &
    Culbertson
    LLP
    416 Main
    Street,
    6th
    Floor
    Peoria,
    IL
    61602
    309-674-1025
    4
    On
    behalf of W.R.
    MEADOWS,
    INC.,
    Petitioner
    Joi S
    falettb
    On-e?fts
    Arneys
    W.R.
    MEADOWS,
    INC.,
    Petitioner,
    )
    )
    )
    )
    )
    )
    )
    )
    )
    Respondent.
    )
    PCB
    No. Case
    No.
    PCB
    06-140
    80276712v1
    865433
    62507

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