BEFORE THE ILLINOIS POLLUTION CONTROL
    BOARD
    KCBX TERMINALS
    COMPANY,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    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)
    - ----the
    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
    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.
    Respectfully submitted,
    Dated: August 28, 2009
    Katherine D. Hodge
    Lauren C. Lurkins
    HODGE DWYER &
    DRIVER
    3150 Roland Avenue
    Post Office Box 5776
    Springfield, Illinois 62705-5776
    (217) 523-4900
    KCBX TERMINALS COMPANY,
    Petitioner,
    By: /s/Katherine D. Hodge
    One of Its Attorneys
    T HIS FILING SUBMITTED ON RECYCLED PAPER
    Electronic Filing - Received, Clerk's Office, August 28, 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 August 28, 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
    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
    August 28, 2009.
    /s/Katherine
    D. Hodge
    Katherine D. Hodge
    KCBX-003/Fil/Air Permit
    Appeal - PCB 08-103/Waiver 07-NOF & COS
    BEFORE
    THE ILLINOIS POLLUTION CONTROL BOARD
    KCBX TERMINALS COMPANY,
    )
    Petitioner,
    )
    v.
    )
    PCB 08-103
    (Permit Appeal - Air)
    ILLINOIS ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    )
    NOTICE OF WAIVER
    OF 120-DAY DECISION DEADLINE
    NOW COMES Petitioner, KCBX TERMINALS COMPANY
    (hereinafter
    "Petitioner"), by and through its attorneys, HODGE DWYER & DRIVER, pursuant to
    35 Ill. Admin. Code § 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
    March 18, 2010. 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 sixty-six (66) days, or until May 21, 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.
    On June
    22, 2009, Petitioner filed a Notice of Waiver of 120-Day
    Decision Deadline for an additional sixty-three (63)
    days, or until December 3, 2009.
    8.
    Petitioner
    hereby
    voluntarily
    agrees to waive the statutory 120-day
    decision deadline by an additional
    one hundred five (105) days, or until March 18, 2010,
    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 final action on Petitioner's appeal of the "Construction Permit Grant -
    ---OperatingpArmit Deni°l---NTSPS-Source"
    issued to it by the Illinois Environmental ------
    Protection Agency.
    Respectfully submitted,
    KCBX TERMINALS COMPANY,
    Petitioner,
    Dated: August 28,
    2009
    By: /s/Katherine D. Hodge
    One of Its
    Attorneys
    Katherine D. Hodge
    Lauren C. Lurkins
    HODGE DWYER & DRIVER
    3150 Roland Avenue
    Post Office Box 5776
    Springfield, Illinois 62705-5776
    (217) 523-4900
    KCBX:003/Fi1/Air Permit Appeal-PCB 08-103/Waiver
    07

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