BEFORE THE ILLINOIS POLLUTION CONTROL ~

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OFFICE

ILLINOIS AYERS OIL CO.,

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Petitioner,

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PCB 03-70

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(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 Webb

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 Eleventh 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 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 Springfield,

Illinois on the l7~~2

day of Dectmbej

MOHAN,

ALEWELT,

PRILLAMAN

&

A~MI

1 North Old Capitol

Plaza,

Suite 325

Springfield,

IL 62701

(217)

528

2Sl7C:\Mapa\CDAVIS\Illinois

Ayers Oil\Eleventh Waiver.wpd sew

12/17/04

THIS FILING SUBMITTED ON RECYCLED PAPER

---

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CLERKSO~F~

BEFORE. THE ILLINOIS POLLUTION CONTROL BOARD

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ILLINOIS AYERS OIL CO.,

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.

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Petitioner,

v.

)

PCB 03-70

(LIST

Appeal)

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY,

Respondent.

ELEVENTH

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 June

20,

2005.

Respectfully submitted,

ILLINOIS AYERS OIL CO.,

Petitioner

By

MOH

,

ALEWE

,

PRILLAMAN

&

ADANI

By

_________________________

F

e

C.

Prillaman

MOHAN,

ALEWELT,

PRILLAMAN

&

ADAMI

1

North

Old

Capitol

Plaza,

Suite

325

Springfield,

IL 62701

Phone:

(217)

528-2517

C:\Mapa\CDAVIS\Illinois Ayers Oil\Eleventh Waiver.wpd

sew 12/17/04