BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
FREEDOM OIL
Petitioner,
COMPANY,
))
PCB
03-54
RECEIVED
CLERKS
OFFICE
vs.
))
PCBPCB
03-10503-179
STATEiwGOF2
5IWNOIS2003
)
PCB 04-02
pollutIon
Control Board
ILLINOIS
ENVIRONMENTAL
)
(lIST Fund)
PROTECTION AGENCY,
)
PCB 03-56
)
(UST Appeal)
Respondent.
)
(Consolidated)
NOTICE OF FILING
TO:
Dorothy M. Gunn, Clerk
John J. Kim, Assistant Counsel
Illinois Pollution Control Board
Division of Legal Counsel
State of Illinois Center
Illinois Environmental Protection Agency
100 West Randolph, Suite 11-500
1021 North Grand Avenue East. P. 0. Box 19276
Chicago, IL 60601-3218
Springfield, IL 62794-9276
Hon. Carol Sudman
Hearing Officer
Illinois Pollution Control Board
600 S. Second Street, Suite 402
Springfield, IL 62704
PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk of the
Pollution Control Board an original and nine (9) copies of Waiver of Statutory Deadline, a copy
ofwhich is herewith served upon you.
Dated: August 21, 2003
Respectfully submitted,
FREEDOM OIL COMPANY
By:_____________
Diana M. Jagiella, Att9r4ey’Tor Petitioner
Diana M. Jagiella
V
Howard & Howard Attorneys, P.C.
One Teelmology Plaza, Suite 600, 211 Fulton Street
Peoria, IL 61602-1350
(309)672-1483
sw;G:\F\Fcvedorn OiI\pldgs\PCB\NOFS-2t-03.doc
THIS FILING IS SUBMITTED ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
FREEDOM OIL COMPANY,
)
RECEIVED
CLERWS0FF1r.E
Petitioner,
)
PCB 03-54
AUG 252003
)
PCB 03-lOS
vs.
)
PCB
03-179
STATE
OF ILLINOIS
)
PCB 04-02
PollutIon Control Board
ILLINOIS ENVIRONMENTAL
)
(LUST Fund)
PROTECTION AGENCY,
)
PCB 03-56
)
(UST Appeal)
Respondent.
)
(Consolidated)
WAIVER OF STATUTORY DECISION DEADLINE
NOW COMES the Petitioner, FREEDOM OIL COMPANY (“Freedom”), pursuant to 35
Ill. Admin. Code §101.308(c)(2) and waives the statutory deadline for final Board decision in this
UST Fund/UST Appeal proceeding as specified in Section 40 of the Illinois Environmental
Protection Act, 415 1LCS 5/40 (the “Act”). In support of its waiver, Petitioner states:
1.
On January 14, 2003, Freedom filed a Petition for Review ofUnderground Storage
Tank Fund Reimbursement in response to the Illinois Environmental Protection Agency’s
December 18, 2002 denial determination in connection with LUST Incident No. 20020433 (PCB
Case No 03-105). On January 23, 2003, the Board issued an Order accepting the Petition for
hearing.
2.
On January 21, 2003, Freedom filed a Petition for Review of Underground Storage
Tank Fund Reimbursement in response to the Illinois Environmental Protection Agency’s
September 20, 2002 denial determination in connection with LUST Incident Nos. 961825; 962059;
20020433; and 20021122 (PCB Case No.
03-56).
On January 23, 2003, the Board issued an Order
accepting the Petition for hearing.
3.
On January 21, 2003, Freedom filed a Petition for Review of Underground Storage
Tank Fund Reimbursement in response to the Illinois Environmental Protection Agency’s
September 17, 2002 denial determination in connection with LUST Incident No. 20020433 (PCB
Case No. 03-54). On January 23, 2003, the Board issued an Order accepting the Petition for
hearing.
4.
On February 13, 2003, Freedom filed a Motion to Consolidate its three pending
cases before the Board. On February 20, 2003, the Board issued an Order granting Freedom’s
Motion to Consolidate PCB 03-54, PCB 03-105, and PCB 03-56.
5.
On April 4, 2003, Freedom filed a Petition for Review of Underground Storage
Tank Fund Reimbursement in response to the Illinois Environmental Protection Agency’s
March 19, 2003 partial denial determination in connection with LUST Incident No. 20020433 (PCB
Case No.
03-54),
and also moving the Board to consolidate the April 4, 2003 appeal with its three
previously-consolidated UST appeals. On April 8, 2003, Freedom filed a Notice of Clarification
that the April 4, 2003 petition pertains to three leaking UST incident numbers: 20020433;
20021122; and 20021420. On April 17, 2003, the Board issued an Order accepting the Petition for
hearing and granting Freedom’s Motion to Consolidate PCB
03-54,
PCB 03-105, PCB 03-179 and
PCB 03-56.
6.
On July 2, 2003, Freedom filed a Petition for Review ofUnderground Storage Tank
Fund Reimbursement in response to the Illinois Environmental Protection Agency’s May 28, 2003
partial denial determination (PCB Case No. 04-02), and also moving the Board to consolidate the
July 2, 2003 appeal with its four previously-consolidated UST appeals. The Board has issued an
THIS FILING IS SUBMITTED ON RECYCLED PAPER
2
Order accepting the Petition for hearing and granting Freedom’s Motion to Consolidate PCB 03-54,
PCB 03-105, PCB 03-179, PCB 03-56 and PCB 04-02.
7.
On February 27, 2003, Freedom filed a Waiver of Statutory Decision Deadline to
July 10, 2003; and on May 1, 2003, Freedom filed a Waiver of Statutory Decision Deadline to
October 8, 2003.
8.
Petitioner and Respondent have undertaken discussions to explore the possibility of
settlement. If these matters can be resolved by negotiation, the expenditure of time and resources
associated with proceeding to hearing and final Board decision will be avoided.
9.
To allow sufficient time for the parties to continue settlement discussions, Petitioner
waives the current October 8, 2003 decision deadline and requests an additional extension to
December 31, 2003, for the Board’s decision in this consolidated proceeding.
HOWARD & HOWARD ATTORNEYS, P.C.
By:
_______________
Diana M. Jagiella,, 3tto#ney for Petitioner,
Freedom Oil Cotfrany
Dated: August 21, 2003
Diana M. Jagiella
Howard & Howard Attorneys, P.C.
One Technology Plaza, Suite 600
211 Fulton Street
Peoria, IL 61602
(309) 672-1483
THIS FILING IS SUBMITTED ON RECYCLED PAPER
3
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
FREEDOM OIL COMPANY,
)
)
Petitioner,
)
)
PCB 03-54
vs.
)
PCB 03-105
)
PCBO3-179
ILLINOIS ENVIRONMENTAL
)
(UST Fund)
PROTECTION AGENCY,
)
PCB 03-56
(UST Appeal)
)
(Consolidated)
Respondent.
)
CERTIFICATE OF SERVICE
I, the undersigned, hereby certify that on this 21st day of August, 2003, I have served the
attached Waiver ofStatutory Decision Deadline, by depositing same via First Class, U.S. Mail, with
proper postage prepaid, upon the following persons:
Dorothy M. Gunn, Clerk
John J. Kim, Assistant Counsel
Illinois Pollution Control Board
Division ofLegal Counsel
State of Illinois Center
Illinois Environmental Protection Agency
100 West Randolph, Suite 11-500
1021 North Grand Avenue East, P.O. Box 19276
Chicago, IL 60601-3218
Springfield, IL 62794-9276
Hon. Carol Sudman
Hearing Officer
Illinois Pollution Control Board
600 S. Second Street, Suite 402
Springfield, IL 62704
Diana
4~
M. Jagiella
P
7
Diana M. Jagiella
Howard & Howard Attorneys, P.C.
One Technology Plaza, Suite 600
211 Fulton Street
Peoria, IL 61602
(309) 672-1483
G:\F~Frcedom
OèI\pldgs\PCB\wuiver8-2 I
-03.doc
(17273-I)