OF THE STATE OF ILLINOIS

ROBERT AND TONY THOMPSON,

)

)

Petitioner,

)

)

)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

)

Respondent.

)

PCB

04-85

)

(UST Appeal)

NOTICE

OF FILING

PLEASE TAKE

NOTICE

that on

March 23,

2004,

filed with the

Clerk of the Illinois

Pollution Control Board ofthe

State of Illinois an original, executed copy of an Open Waiver of

Statutory 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

206394v1

V.

TO:

RECEIVED

CLERK’S OFFICE

MAR

23

200k

STATE OF iLLINOIS

Pollution Control Board

Carol Sudman

Hearing Officer

Illinois Pollution Control Board

1021 North Grand Avenue East

P.O. Box

19274

Springfield, Illinois 62794-9274

John Kim

Special Assistant Attorney General

Illinois Environmental Protection Agency

1021

North Grand Avenue East

P.O. Box

19276

Springfield, Illinois

62794-9276

Respectfully submitted,

Robert and

Tony Thompson

By:

One of Its Att

eys

This

filing submitted

on recycled paper as defined in 35 Ill.Adm. Code

101.202

---

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 of March, 2004.

Crj~v~J~

Hc,Q,a&

Carolyn S. He~e

This

filing submitted on

recycled paper as defined in 35

Iii. Adm. Code 101.202

2

---

BEFORE THE POLLUTION CONTROL BOARD

A

E C E

IV E D

OF THE’ STATE OF ILLINOIS

CLERK’S

OFFICE

ROBERT AND TONY THOMPSON,

‘

)

MAR 23

200k

)

STATE OF

ILLINOIS

Petitioner,

)

Pollution Control Board

)

v.

)

PCB 04--85

)

(UST Appeal)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

)

Respondent.

OPEN WAIVER OF STATUTORY DEADLINE

FOR DECISION

Petitioner, Robert and Tony Thompson, 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 of the

issues

herein.

The

current

decision

deadline

is

June 17,

2004.

DATED:

March 23,2004

Respectfully submitted,

Robert and Tony Thompson

By:

____________

One ofTheir

torneys

Carolyn S. Hesse, Esq.

Barnes & Thornburg LLP

One North Wacker Drive

Suite 4400

Chicago, Illinois 60606

(312) 357-1313

210631v1

‘

This

filing

submitted

on recycled paper

as defined in 35

III. Adm. Code