BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

ILLINOIS AYERS OIL CO.,

)

RECEIVED

CLERK’S

OFFTCF~

Petitioner.,

JUL

162003

v.

)

PCE 03-70

STATEOF IWNOIS

(UST

Appeal)

Pollutton

Control BoGrd

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 Office

Illinois Pollution Control Board

600

S.

Second Street,

Suite 402

Springfield,

IL

62704

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 Third 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 pleadings of record herein, with postage fully

prepaid,

and by depositing same in the U.S.

~ail

pringfield,

Illinois on the ~

day of July, 200~3~~

il.laman

MOHAN,

ALEWELT,

PRILLAMAN

&

ADAMII

1

north

Old.

Capitol

Plaza,

Suite

325

Springfield,

Ii

62701

(217)

5282~Sl7c~\i~PA\cDAvIs\I11inoisAyers Oil\Third Waiver.wpd sew 7/12/03

THIS

FILING

SUBMITTED

ON

RECYCLED

PAPER

---

•

•

•

•

•

•

•

RECEIVED

CLERK’S

OFFI(1

•

JUL16

2003

•

BEFORE

THE

ILLINOIS

POLLUTION

CONTROL

BOARD

STATE

OF ILLINOIS

ILLINOIS

AYERS

OIL

CO.,

)

Pollution Control

Board

•

•

Petitioner,

v.

)

PCB

03-70

(UST

Appeal)

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

THIRD WAIVER OF DEADLINE FOR DECISION

NOW

COMES Petitioner,

ILLINOIS AYERS OIL

CO.,

by

its

undersigned attorneys,

and files this waiver of deadline pursuant

to Section 101.308(c) (1)

of the Board’s Procedural Rules,

35

Ill.

Adm.

101.308(c)

(1)

hereby

waiving

its

right

to

a

decision

within

120

days

of

filing,

as

provided

in

Section

40(a)

(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

before December 31, 2003.

•

Respectfully submitted,

ILLINOIS AYERS OIL CO.,

•

Petitioner

By MOHAN,

A

,

P

ILLAMAN

&

ADAMI

By _________________________

V

~

Prillaman

MOHIAN,

ALEWELT, PRILLAMAN &

ADAMI

1 North Old Capitol Plaza,

Suite

325

Springfield,

IL 62701

Phone:

(217)

528-2517