OF THE STATE OF ILLINOIS

CIRCLE C, INC.,

)

)

)

Petitioner,

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

NOTICE

OF FILING

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 Sudman

Hearing Officer

Illinois

Pollution Control Board

1021 North Grand Avenue East

P.O. Box

19274

Springfield, Illinois 62794-9274

PLEASE

TAKE

NOTICE

that

on

March

23,

2004,

we

filed

with

the

Clerk

of the

Illinois

Pollution

Control

Board

of the

State

of Illinois

an

original,

executed

copy of

Open

Waiver ofStatutory Deadline for Decision.

Dated:

March 23, 2004

Carolyn S. Hesse

Barnes & Thornburg LLP

One North Wacker Drive

Suite 4400

Chicago, Illinois 60606

(312) 357-1313

206991v1

Respectfully submitted,

C, Inc.

By:

One of Its Atto~ys

RECE~VED

CLERK’S OFFICE

MAR 23

2004

STATE OF ILLINOIS

Pollution

Control Board

)

v.

)

PCBO4-131

)

(UST Appeal)

)

)

)

Respondent.

)

This

filing submitted on recycled paper as defined in

35

III.

Adm. Code

1O1.202J

---

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 Sudman

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 23~Day ofMarch, 2004.

Carolyn S. Hes

This

filing submitted

on recycled paper as defined in 35

III.

Adm. Code

101.2021

2

---

BEFORE THE POLLUTION CONTROL BOARD~C~~

OF THE STATE OF ILLINOIS

MAR 23

2004

CIRCLE C, INC.,

)

STATE

OF ILLINOIS

Pollution Control Board

Petitioner,

)

)

v.

)

PCB 04-13 1

)

(UST Appeal)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

)

Respondent.

)

OPEN

WAIVER OF STATUTORY DEADLINE FOR DECISION

Petitioner,

Circle

C,

Inc.,

by

its

attorneys, hereby

agrees to

an

open

waiver pursuant

to

35 Ill.

Adm.

Code

101.308(c)(1)

of the

deadline imposed by

statute upon

the Pollution Control

Board for decision ofthe issues.herein.

The current decision deadline is July 22, 2004.

Respectfully

submitted,

Circle C, Inc.

By:

~

~

One ofIts Att

eys

Carolyn S. Hesse, Esq.

Barnes & Thornburg

One North Wacker Drive

Suite 4400

Chicago, Illinois 60606

(312) 357-1313

211058v1

IThis

filing

submitted

on recycled paper as defined in 35 Ill. Adm.

Code