BEFORE

THE

ILLINOIS

POLLUTION

CONTROL

BOARD

W.R.

MEADOWS,

INC.,

)

Petitioner,

)

)

v.

)

PCB

No. Case

No.

PCB

06-140

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY,

)

CL’

OFF

Respondent.

1

MAR

27

2009

NOTICE

OF

FILING

LOIS

PLEASE

TAKE

NOTICE

that

on this 25th

day

of March

2009,

a

copy of the

attached

Open

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,

INC.,

Petitioner

‘

&thb

JQt1 S.

Falet

One

Of

Its Aorneys

Jon

S.

Faletto

Hinshaw

&

Culbertson

LLP

416

Main

Street, 6th

Floor

Peoria,

IL

61602

309-674-1025

80279892v1

865433

62507

---

BEFORE

THE ILLINOIS

POLLUTION

CONTROL

BOARD

CRK’S

OFFICE

W.R,

MEADOWS,

INC.,

)

MAR

27

2009

STATE

OFQij

Petitioner,

)

OI1Utj

Contro?d

v.

)

PCBNo.

CaseNo.

PCB

06-140

)

ILLINOIS

ENVIRONMENTAL

)

PROTECTION

AGENCY,

)

)

Respondent.

)

OPEN

WAIVER

OF

STATUTORY

DECISION DEADLINE

NOW

COMES

the

Petitioner,

W.

R.

MEADOWS,

NC.,

pursuant

to 35

III.

Admin,

Code

§

101

.308(c)(2)

and

files its

Open

Waiver

of

Statutory

Decision

Deadline

to extend

the

current

statutory

deadline

indefinitely 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 Open

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

(“JEPA”

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

80279892v1

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

an

indefinite stay

of

the

statutory

decision

date

in this proceeding.

Respectfully

submitted,

On behalf

of W.R.

MEADOWS,

INC.,

Petitioner

on

S.)Fal*p

Ofieof

Its

Attorneys

Jon S.

Faletto

Hinshaw

& Culbertson

LLP

416

Main

Street,

6th Floor

Peoria,

IL

61602

309-674-1025

80279892v1

865433

62507

---

BEFORE

THE

ILLINOIS

POLLUTION

CONTROL

BOARD

V.

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY,

CERTIFICATE

OF

SERVICE

I,

the

undersigned,

hereby

certify that

on this

25th

of March

2009,

I have

served

the

attached Open

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

On behalf of

W.R.

MEADOWS,

INC.,

Petitioner

6

Jon’S.

Faleth

(ne-df

Its

Atbrneys

W.R.

MEADOWS,

INC.,

Petitioner,

)

)

)

)

)

)

)

)

)

Respondent.

)

PCB

No. Case

No.

PCB 06-140

4

8O279892’l

865433

62507