BEFORE THE ILLINOIS POLLUTION CONTROL BO~~CE~VED

ILLINOIS AYERS OIL CO.,

)

CLERK’SOFF~CE

DEC

12

2003

Petitioner,

STATEOF IWNOIS

V.

)

PCB

03-70

poIIut~on

Control Board

(UST

Appeal)

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 Sixth 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

herei

~th

postage

fully

prepaid,

and

by

depositing

same

in~1i~

.S.

Mail

Springfield,

Illinois

on

the

8~ day

of

Decer~gI~,2

MOHAN,

ALEWELT,

PRILLAMAN

&

1

North

Old

Capitol

Plaza,

Suite

325

Springfield,

IL

62701

(217)

5282517c:\r~u~pA\cDAvIs\I11±nois

Ayers Oil\Sixth Waiver.wpd sew

12/8/03

THIS

FILING

SUBMITTED

ON

RECYCLED

PAPER

---

UEC I ~

2003

BEFORE

THE

ILLINOIS

POLLUTION

CONTROL

BOARD

~

~LLU~

tro1B0~

ILLINOIS

AYERS

OIL

CO.,

)

poHutIOflc°’~

Petitioner,

v.

)

PCB

03-70

(UST

Appeal)

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY,

Respondent.

SIXTH 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 July

5,

2004.

Respectfully submitted,

ILLINOIS AYERS OIL CO.,

Petitioner

By MOHAN,

By

MOHAN, ALEWELT,

PRILLAIVIAN &

ADAMI

1 North Old Capitol

Plaza,

Suite

325

Springfield,

IL

62701

Phone:

(217)

528-2517

C:\MAPA\CDAVIS\Illinois Ayers Oil\Sixth Waiver.wpd sew

12/4/03

&

ADAMI

aman