1. NOTICE OF FILING
      2. (VIA ELECTRONIC MAIL)
      3. (VIA US MAIL)
      4. 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 Then'iault
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 11-500
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-DAY
DECISION
DEADLINE,
directed to the Illinois Pollution Control Board, a copy of
which is herewith served upon you.
Dated: June
22,2009
Katherine D. Hodge
Lauren
C. Lurkins
HODGE DWYER
&
DRIVER
3150 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, June 22, 2009
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 WAIVER OF 120-DA Y DECISION DEADLINE
NOW COMES Petitioner, KCBX TERMINALS COMPANY (hereinafter
"Petitioner"), by and through its attorneys, 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 December 3,2009. In support of this Notice, Petitioner states as
follows:
L
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 sixty-six (66) days, or until May 21,2009.
Electronic Filing - Received, Clerk's Office, June 22, 2009
5.
On February 23,2009, Petitioner filed a Notice of Waiver of 120-Day
Decision Deadline for an additional sixty-three (63) days, or until July
23,2009.
6.
On April 27, 2009, Petitioner filed a Notice of Waiver of 120-Day
Decision Deadline for an additional seventy
(70) days, or until October 1,2009.
7.
Petitioner hereby voluntarily agrees to waive the statutory 120-day
decision deadline
by an additional sixty-three (63) days, or until December 3,2009, in
order to conduct settlement negotiations in this matter.
WHEREFORE, Petitioner, KCBX TERMINALS COMPANY, prays that the
Illinois Pollution Control Board accept this waiver
of the statutory 120-day decision
deadline for
fi.nal 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: June
22,2009
Katherine D. Hodge
Lauren
C.
Lurkins
HODGE DWYER
&
DRIVER
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois 62705-5776
(217)
523-4900
Respectfully submitted,
KCBX TERMINALS
COMPANY,
Petitioner,
One of Its Attomeys
KCBX:003IFill Air Pennit Appeal-PCB 08-103/Waiver 06
2
Electronic Filing - Received, Clerk's Office, June 22, 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:
J oh11 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 June 22, 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 60601
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 June 22, 2009.
IslKatherine D. Hodge
Katherine D. Hodge
KCBX-003/Fill
Air Pemlit Appeal - PCB 08-103/Waiver 06-- NOF
&
COS
Electronic Filing - Received, Clerk's Office, June 22, 2009

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