RECEIVED

BEFORE THE

POLLUTION CONTROL BOARD

CLERK’S

OFFICE

OF

THE

STATE OF ILLINOIS

AUG

252005

Q&E PROPERTIES, INC.,

)

STATE OF ILLINOIS

)

Pollution Control Board

Petitioner,

)

)

v.

)

PCB 06-14

(UST Appeal)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

)

Respondent.

)

NOTICE OF FILING

TO:

John Kim

Carol Webb

Special Assistant Attorney General

Hearing Officer

Illinois

Environmental Protection Agency

Illinois Pollution Control Board

1021

North Grand Avenue East

1021

North Grand Avenue

East

P.O.

Box

19276

P.O.

Box

19274

Springfield, Illinois

62794-9276

Springfield, Illinois 62794-9274

PLEASE

TAKE NOTICE that on August

25,

2005,

filed with

the

Clerk

of the

Illinois

Pollution

Control

Board of the

State

of Illinois

an

original,

executed copy of a

Open Waiver of

Statutory Deadline for Decision.

Dated:

August

25, 2005

Respectfully submitted,

Q&E Properties, Inc.

By:

~

H

One of Its AttornSs

Carolyn

S.

Hesse

Barnes

& Thornburg LLP

One North Wacker Drive

Suite 4400

Chicago, Illinois 60606

(312) 357-1313

291 l94v1

IThis filing submitted

on

recycled

paper as defined in 35

III.

Adm.

Code

101.2021

---

CERTIFICATE OF SERVICE

I, on

oath

state that

I

have served

the attached

Open Waiver

of Statutory

Deadline

for

Decision by placing a copy in an envelope

addressed to:

John Kim

Special

Assistant Attorney General

Illinois

Environmental Protection Agency

1021

North Grand Avenue East

P.O.

Box

19276

Springfield, Illinois

62794-9276

Carol

Webb

Hearing Officer

Illinois Pollution Control Board

1021

North Grand Avenue East

P.O. Box

19274

Springfield, Illinois 62794-9274

from

One North Wacker

Drive,

Suite 4400,

Chicago, Illinois,

before the hour of 5:00

p.m.,

on

this

25th

Day of August,

2005.

~

~

Carolyn

S. Hek~e

IThis

filing submitted

on

recycled paper

as

defined in 35111. Adm.

Code

101.202

2

---

BEFORE

THE POLLUTION CONTROL BOARD

0

H

ATE OF I

CLERK’S

OFFICE

Q&E PROPERTIES, NC.,

)

AUG

252005

Petitioner,

)

POHUUOn Control

Board

v.

)

PCB

06-14

(UST Appeal)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

)

Respondent.

OPEN WAIVER OF STATUTORY DEADLINE FORDECISION

Petitioner,

Q&E

Properties,

Inc.,

by

its

attorneys,

hereby

agrees

to

an

Open

Waiver

Pursuant

to

35

Ill.

Admin.

Code

101 .308(c)( 1)

of the

deadline

imposed

by

statute

upon

the

Pollution Control Board

for decision of the issues herein.

Dated:

August 25, 2003

Respectfully submitted,

Q&E Properties,

Inc.

By:

_____________

One of Its Att~~ys

Carolyn

S. Hesse, Esq.

Barnes & Thornburg

One North Wacker Drive

Suite 4400

Chicago, Illinois 60606

(312) 357-1313

291 193v1

IThis filing submitted

on recycled

paper as defined 1,135

III. Adm.

Code

Ioi.202l