RECEIVED

BEFORE THE

POLLUTION CONTROL BOARD

CLERK’S

OFFICE

OF THE

STATE OF ILLINOIS

OCT

282005

KNAPP

OIL COMPANY,

)

STATE OF ILLINOIS

DON’S 66,

)

Pollution Control Board

)

Petitioner,

)

)

v.

)

PCB

06-52

(UST Appeal)

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

)

Respondent.

)

NOTICE OF FlUNG

TO:

John Kim

Carol Webb

Special

Assistant Attorney General

Hearing

Officer

Illinois Environmental Protection

Agency

Illinois Pollution

Control Board

1021

North Grand Avenue East

1021

North Grand Avenue East

P.O.

Box

19276

P.O.

Box

19274

Springfield, Illinois 62794-9276

Springfield,

Illinois

62794-9274

PLEASE TAKE

NOTICE that on

October 28,

2005, filed with

the Clerk of the

Illinois

Pollution

Control

Board of the

State of Illinois an original,

executed copy of an

Open Waiver of

Statutory Deadline for Decision.

Dated:

October

28, 2005

Respectfully submitted,

Knapp

O1J Company / Don’s

66

By:

Ctans-~L

i~r—

One of Its Att~rneys

Carolyn S. Hesse

Barnes

& Thornburg

LLP

One North Wacker Drive

Suite 4400

Chicago, Illinois 60606

(312)

357-1313

302

103v1

IThis

filing submitted

on recycled paper

as defined

in 35

IlL

Adm. Code

101.2021

---

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

from

One

North Wacker

Drive,

Suite

4400,

Chicago,

this

28th

Day of October, 2005.

Carol

Webb

Hearing

Officer

Illinois Pollution Control Board

1021

North Grand Avenue East

P.O.

Box

19274

Springfield, Illinois 62794-9274

Illinois,

before the

hour of 5:00

p.m.,

on

Carolyn S. He~e

IThis filing submitted

on

recycled

paper

as defined

in 35

III.

Adm.

Code

101.202!

2

---

BEFORE THE POLLUTION

CONTROL BOARD

RECEIVED

OF THE STATE

OF ILLINOIS

CLERK’S

OFFICE

KNAPP

OIL COMPANY,

)

OCT

282005

DON’S

66,

)

STATE OF ILLINOIS

)

Pollution Control

Board

Petitioner,

)

v.

)

PCB

06-52

)

(UST Appeal)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

OPEN

WAIVER OF STATUTORY DEADLINE

FOR DECISION

Petitioner,

Knapp Oil

Company,

Don’s

66,

by

its

attorneys,

hereby

agrees

to

an

Open

Waiver

Pursuant

to

35

hI.

Admin.

Code

lOl.308(c)(1) of the deadline imposed

by

statute

upon

the Pollution Control

Board

for

decision ofthe issues herein.

Dated:

October

28,

2005

Respectfully submitted,

Knapp

Oil Company

/ Don’s 66

By:

____________

One of Its Atiàrneys

Carolyn S.

Hesse,

Esq.

Barnes & Thornburg

One North Wacker Drive

Suite 4400

Chicago, Illinois 60606

(312) 357-1313

302102v1

This filing

submitted

on

recycled paper

as defined in

35111. Adm.

Code

101.2021