BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

LINCOLN LAND FS, INC.,

)

RECEIVED

CLERK’S OFFICE

Petitioner,

)

FEB 10 2004

v

)

PCB

04-5

STATE OF ILLINOIS

(UST Appeal)

Pollution Control Board

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

NOTICE OF FILING AND PROOF OF SERVICE

TO: Dorothy Gunn, Clerk

Illinois Pollution Control Board

100 West Randolph Street

State of Illinois Building, Suite 11-500

Chicago, IL 60601

Carol Sudman

Hearing Officer

Illinois Pollution Control Board

1021 North Grand Avenue East

P.O. Box 19274

Springfield,

IL 62794-9274

John Kim

Division of Legal Counsel

Illinois Environmental

Protection Agency

1021 North Grand Avenue East

P.O. Box 19276

Springfield, IL 62794-9276

PLEASE BE ADVISED THAT we are today filing with the Pollution

Control Board the original and nine copies of Fifth Waiver of

Deadline for Decision, a copy of which is attached hereto.

The undersigned hereby certifies that a true and correct copy

of this Notice of Filing, together with a copy of the document

described above, were today served upon the hearing officer via

facsimile transmission and upon the hearing officer and counsel of

record of all parties to this cause by enclosing same in envelopes

addressed to such attorneys at their business addresses as

disclosed by the p1ead~ings of record herein,

th postage fully

prepaid, and by depositing same in the U.~.M

n Springfield,

Illinois on the

5t~~day of Febru~f~

MORAN, ALEWELT, PRILLAMAN & AD~I

1 North Old Capitol Plaza, Suite 325

Springfield,

IL 62701

(217) 528 25l7c:\~PA\cDAvIS\L±nco1nLand FS\Fifth Waiver.wpd sew 2/5/04

THIS FILING SUBMITTED ON RECYCLED PAPER

---

CLERK’S

CEIVED

OF

BEFORE THE ILLINOIS POLLUTION CONTROL BOA~B

~0 200k

LINCOLNLAND FS, INC.,

)

STATE0F°1a~ci

pouution control Bo

Petitioner,

V.

)

PCB 04-5

(UST Appeal)

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

FIFTH WAIVER OF DEADLINE FOR DECISION

NOW COMES Petitioner, LINCOLN LAND FS, INC., by its

undersigned attorneys, and files this waiver of deadline pursuant

to Section 101.308 Cc) (1) of the Board’s Procedural Rules, 35 Ill.

Adm. 101.308 Cc) (1) hereby waiving its right to a decision within

120 days of filing, as provided in Section 40 Ca) (2) of the

Illinois Environmental Protection Act (415 ILCS 5/40 (a) (2))

provided that such final action be taken by the Board on or

beforeAugust 5, 2004.

Respectfully submitted,

LINCOLN LAND FS, INC.,

Petitioner

By MO

~LEWELT,

RILLAMAN & ADANI

By~$~

\,Fre .P/tillaman

MORAN, ALEWELT, PRILLAMAN & ADAIVJI

1 North Old Capitol Plaza, Suite 325

Springfield,

IL 62701

Phone: (217) 528-2517

C~\MA~A\CDAVIS\Linco1flLand FS\Fifth Waiver.wpd sew 2/5/04