1. TIME CERTAIN WAIVER OF STATUTORY DECISION DEADLINE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JOHN
C. BLICKHAN,
Petitioner,
vs.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
John Therriault
Assistant Clerk
of the Board
Illinois Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago,IL 60601-3218
Carol Webb
Hearing
Officer
Illinois Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago,IL 60601-3218
)
)
)
)
) Case No. PCB 2008-59
) (pennit Appeal - Land)
)
)
)
)
NOTICE
James G. Richardson, Asst. Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield,IL 62794-9276
Thomas Davis, Asst. Attorney General
Chief, Environmental Bureau
Office of the Illinois Attorney General
500 South Second Street
Springfield, IL 62706
PLEASE TAKE NOTICE that I have today caused to be electronically filed a
Time
Certain Waiver
of Statutory Decision Deadline
with the Illinois Pollution Control Board, copies
of which are served upon you.
Dated: September
15,2009
Jon S. Faletto
HINSHAW
&
CULBERTSON LLP
416 Main Street 6
th
Floor
Peoria,IL 61602-3126
309-674-1025
309-674-9328 (fax)
jfaletto@hinshawlaw.com
Respectfully Submitted,
On behalf of JOHN BLICKHAN
BY:fJ~
Electronic Filing - Received, Clerk's Office, September 15, 2009
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JOHN BLICKHAN,
Petitioner,
vs.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
)
)
)
)
)
)
)
)
Case No. PCB 08-59
(Permit Appeal- Land)
TIME CERTAIN WAIVER OF STATUTORY DECISION DEADLINE
NOW COMES the Petitioner, JOHN BLICKHAN, pursuant to 35 Ill. Admin. Code
ยง101.308(c)(2) and files his
Time Certain Waiver of Statutory Decision Deadline
to extend the
current statutory deadline for a final Board decision in this 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 June 27, 2008, Petitioner timely filed its
Petition for Review
to appeal a
February 22,
2008, determination of the Illinois Environmental Protection Agency ("IEPA" or
"Agency"), which denied Petitioner's application for completion of the post-closure care period
for the closed Blickhan Landfill. The statutory deadline for filing the Petition had been extended
by the Board's Order entered March 28, 2008, pursuant to a stipulation and request of the
Parties.
2.
On July 10, 2008, the Board issued an Order accepting Petitioner's
Petition for
Review
for hearing and decision on the issues presented.
3.
Petitioner and Respondent (collectively the "Parties"), have undertaken
preliminary discussions to explore the possibility
of settlement.
4.
Technical and legal representatives for the Parties have met on several occasions
to attempt to resolve the technical matters raised in this Appeal.
80289125vl 887054 67628
Electronic Filing - Received, Clerk's Office, September 15, 2009
5.
As directed by Respondent's technical representatives, Petitioner's environmental
consultant proceeded with additional groundwater monitoring to address technical questions and
assembled historic sampling results and background information. The Parties are planning to
meet to discuss that information and the results
of the agreed additional groundwater
investigations submitted to
IEP A officials for their review and consideration. The meeting was
tentatively planned for August
2009, but will need to be rescheduled for some time during the
next several weeks.
6.
If this matter can be resolved by settlement, the expenditure of time and resources
associated with proceeding to hearing and final Board decision will be avoided. To allow
sufficient time for the Parties to meet to discuss the additional information provided
by Petitioner
and attempt to reach agreement allowing informal resolution
of this matter, Petitioner waives the
current statutory decision deadline
of December 31, 2009, and requests an extension to March
18,2010, for the Board's decision in this proceeding.
Dated: September
15,2009
Jon S. Faletto
Hinshaw
&
Culbertson LLP
416 Main St., 6
th
Floor
Peoria, IL 61602-1220
309-674-1025
Respectfully Submitted,
On behalf of JOHN C. BLICKHAN, Petitioner
BY.?J~
Electronic Filing - Received, Clerk's Office, September 15, 2009
CERTIFICATE OF SERVICE
I hereby certify that I did on September 15, 2009, electronically file a true and correct
copy
of the attached instrument entitled
Time Certain Waiver of Statutory Decision Deadline,
and served the following by depositing a copy in the U.S. mail addressed as follows:
Thomas Davis, Asst. Attorney General
Chief, Environmental Bureau
Office of the Illinois Attorney General
500 South Second Street
Springfield, IL 62706
Carol Webb
Hearing Officer
Illinois Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago,IL 60601-3218
Dated: September
15,2009
James G. Richardson, Asst. Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield,IL 62794-9276
Respectfully Submitted,
On behalf of JOHN BLICKHAN
BY:~~-
Jon S.
etto
HINSHAW & CULBERTSON LLP
416 Main Street - 6
th
Floor
Peoria, IL 61602-3126
309-674-1025
309-674-9328 (fax)
jfaletto@hinshawlaw.com
80289125vl 887054 67628
Electronic Filing - Received, Clerk's Office, September 15, 2009

Back to top