1. NOTICE OF FILING
      2. (VIA ELECTRONIC MAIL)
      3. (VIA US MAIL)
      4. NOTICE OF WAIVER OF 120-DAY DECISION DEADLINE
      5. CERTIFICATE OF SERVICE
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 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 1 1-500
Chicago, Illinois 60601
(VIA US MAIL)
PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk of
the Illinois Pollution Control Board a
NOTICE OF WAIVER OF 120-DA Y
DECISION
DEADLINE,
directed to the Illinois Pollution Control Board, a copy of
which is herewith served upon you.
Dated: April 27,
2009
Katherine D. Hodge
Lauren C. Lurkins
HODGE DWYER
&
DRIVER
3 ISO Roland Avenue
Post
Office Box 5776
Springfield, Illinois 62705-5776
(217)
523-4900
Respectfully submitted,
KCBX TERMINALS
COMPANY,
Petitioner,
By:
Is/Katherine D. Hodge
One of Its Attorneys
THIS FILING SUBMITTED ON RECYCLED PAPER
Electronic Filing - Received, Clerk's Office, April 27, 2009
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
KCBX TERMINALS COMPANY,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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)
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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 attomeys, HODGE DWYER
&
DRIVER, pursuant to
35 Ill. Admin.
Code ยง 101.308(c)(2), and hereby agrees to waive the statutory 120-day
decision deadline for final action by the Illinois Pollution Control
Board in this
proceeding until October
1,2009. In support of this Notice, Petitioner states as follows:
1.
On June 27, 2008, Petitioner filed a Petition for Review of the
"Construction Permit Grant - Operating Permit Denial - NSPS Source" 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 120-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 120-Day
Decision Deadline for an Additional 70 Days, or until March 16,2009.
4.
On November 24,2008, Petitioner filed a Notice of Waiver of 120-Day
Decision Deadline for an additional 66 days, or until May 21,2009.
1
Electronic Filing - Received, Clerk's Office, April 27, 2009
5.
On February 23,2009, Petitioner filed a Notice of Waiver of l20-Day
Decision Deadline for an additional 63 days, or until July 23,2009.
6.
Petitioner bereby voluntarily agrees to waive the statutory l20-day
decision deadline by an additional seventy (70) days, or until October 1,2009, in order to
conduct settlement negotiations in this matter.
WHEREFORE,
Petitioner, KCBX TERMINALS CaMP ANY, prays that the
Illinois
Pollution Control Board accept this waiver of the statutory l20-day decision
deadline for final action on
Petitioner's appeal of the "Construction Permit Grant-
Operating Permit Denial - NSPS Source" issued to it by the Illinois Environmental
Protection Agency.
Dated: April 27,
2009
Katherine D. Hodge
Lauren C. Lurkins
HODGE DWYER
&
DRIVER
3
I
50 Roland Avenue
Post Office Box 5776
Springfield, Illinois 62705-5776
(217)
523-4900
Respectfully submitted,
KCBX TERMINALS
COMPANY,
Petitioner,
One
of Its Attorneys
KCBX:003/Fill Air Permit Appeal-PCB 08-103/Waiver 05
2
Electronic Filing - Received, Clerk's Office, April 27, 2009
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 April 27, 2009; 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 6060
I
Division of Legal Counsel
Illinois Environmental
Protection Agency
1021 North Grand Avenue East
Post Office Box 19276
Springfield, Illinois 62794-9276
by depositing said documents in the
United States Mail, postage prepaid, in Springfield,
Illinois
on April 27, 2009.
IslKatherine D. Hodge
Katherine
D. Hodge
KCBX-002/FiI/Air Pennit Appeal- PCB 08-103/Waiver 05- NOF
&
cos
Electronic Filing - Received, Clerk's Office, April 27, 2009

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