Ms . Dorothy M . Gunn, Clerk
Illinois Pollution Control Board
James R . Thompson Center
100 West Randolph, Suite 11-500
Chicago, IL 60601
Dated : December 15, 2005
Jon S . Faletto
Howard & Howard Attorneys, P
.C .
One Technology Plaza, Suite 600
211 Fulton Street
Peoria, IL 61602
G(309)
:W'Freedom
672-1483Oil\pIdgs\PCBWOF
Temdnate Waiver_12-15-05
.doc
NOTICE OF FILING
John J. Kim, Assistant Counsel
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East, P . O . Box 19276
Springfield, IL 62794-9276
PLEASE TAKE NOTICE that on this 15`h day of December 2005, the undersigned
attorney, Jon S . Faletto, of Howard & Howard Attorneys, P
.C ., filed the original and nine (9)
copies of Petitioner's Notice to Reinstate Statutory Decision Deadline with the Illinois Pollution
Control Board, a copy of which is herewith served upon you .
HOWARD & HOWARD ATTORNEYS, P.C.
By:
Ms. Carol Webb, Hearing Officer
Illinois Pollution Control Board
600 S . Second Street, Suite 402
Springfield, IL 62704
I
'etto, A
ey for Petitioner,
-
. om Oil Company
THIS FILING IS SUBMIT71ED ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
FREEDOM OIL COMPANY,
)
Petitioner,
)
PCB 03-54
CLERK
CLERK'SRECEIVED
PCB 03-56
DEC 1 9
vs.
PCB 03-105
2005
PCB 03-179
STATE OF ILLINOIS
ILLINOIS ENVIRONMENTAL
PCB 04-02
Pollution
Control Board
PROTECTION AGENCY,
)
(UST Appeal)
Respondent
.
)
(Consolidated)
PETITIONER'S NOTICE TO REINSTATE
STATUTORY DECISION DEADLINE
NOW COMES the Petitioner, FREEDOM OIL COMPANY ("Freedom"), pursuant to 35
Ill. Admin. Code ยง101 .308(c)(1) and files its Notice to Reinstate Statutory Decision Deadline
in
these consolidated Underground Storage Tank ("UST") Fund/UST Appeal proceedings.
In support of its Notice to Reinstate Statutory Decision Deadline, Petitioner states :
1 .
On January 14, 2003, Freedom filed a Petition for Review of UST Fund
Reimbursement in response to a decision by the Illinois Environmental Protection Agency ("IEPA")
on December 18, 2002 to deny reimbursement of remediation costs incurred by Freedom in
connection with LUST Incident No. 20020433 . The Board's January 23, 2003 Order accepted the
Petition for hearing
as PCB Case No . 03-105 .
2
.
On January 21, 2003, Freedom filed a Petition for Review of UST Fund
Reimbursement in response to the IEPA's September 20, 2002 denial determination in connection
with LUST Incident Nos . 961825 ; 962059; 20020433 ; and 20021122 . The Board's January 23,
2003 Order accepted the Petition for hearing as PCB Case No . 03-56.
3 .
On January 21, 2003, Freedom filed a Petition for Review of UST Fund
Reimbursement in response to the IEPA's September 17, 2002 denial determination in connection
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
FREEDOM OIL COMPANY,
RC ER EIVED
)
E'S OFFICE
Petitioner,
)
PCB 03-54
DEC
19 2005
vs.
PCB 03-56
STATE OF ILLINOIS
)
PCB 03-105
Pollution Control Board
PCB 03-179
ILLINOIS ENVIRONMENTAL
)
PCB 04-02
PROTECTION AGENCY,
)
(UST Appeal)
Respondent.
)
(Consolidated)
with LUST Incident No
. 20020433 . The Board's January 23, 2003 Order accepted the Petition for
hearing as PCB Case No . 03-54.
4.
Pursuant to Freedom's Motion, the Board's February 20, 2003 Order consolidated
PCB 03-54, PCB 03-56 and PCB 03-105 .
5.
On April 4, 2003, Freedom filed a Petition for Review of UST Fund Reimbursement
in response to the IEPA's March 19, 2003 partial denial determination in connection with LUST
Incident No . 20020433
; 20021122 ; and 20021420 . The Board's April 17, 2003 Order accepted the
Petition for hearing as PCB Case No . 03-179 and consolidated
PCB 03-179 with pending
proceedings PCB 03-54, PCB 03-56 and PCB 03-105 .
6.
On July 2, 2003, Freedom filed a Petition for Review of UST Fund Reimbursement
in response to the TEPA's May 28, 2003 partial denial determination. The Board's July 10, 2003
Order accepted the Petition for hearing as PCB Case No
. 04-02 and consolidated PCB 04-02 with
PCB 03-54, PCB 03-56, PCB 03-105 and PCB 03-179 .
7.
On January 29, 2004, Freedom filed an Open Waiver of Statutory Decision Deadline
in these consolidated proceedings to allow sufficient time for the Parties to explore
the possibility
for settlement . Those settlement discussions have not been successful and there is no just reason to
delay a decision on the issues raised by Freedom in these proceedings .
8.
In the aggregate, IEPA has denied Fund reimbursement of expenses incurred by
Freedom in the amount of $225,848
.51 . The investigations and remediation mandated by the
IEPA have been completed for several years and Freedom's request for reimbursement of the
THIS FILING IS SUBMITTED ON RECYCLED PAPER
2
$225,848.51
has been pending since at least July 2003, the date of the last Petition
for Review
filed by Freedom to contest the IEPA's improper denial of Fund reimbursement
.
9.
The interests of justice demand a decision on Freedom's Petitions pending since
at
least July 2003 and the related Motion for Discovery Relief, Motion
for Default Judgment or
Discovery Sanctions, and Motion for Summary Judgment that have been pending
since at least
April 4, 2005, the date Petitioner filed its Motion for Summary Judgment
.
WHEREFORE the Petitioner, FREEDOM OIL COMPANY, files its
Notice to Reinstate
Statutory Decision Deadline
and terminates the open waiver filed on January 29, 2004
.
HOWARD & HOWARD ATTORNEYS, P
.C.
By:
Dated: December 15, 2005
Jon S. Faletto
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
Jon
tto
mey for Petitioner,
Fre
Oil Company
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
FREEDOM OIL COMPANY,
)
Petitioner,
)
PCB 03-54
vs.
)
PCB 03-56
PCB 03-105
ILLINOIS ENVIRONMENTAL
)
PCB 03-179
PROTECTION AGENCY,
)
PCB 04-02
(UST Appeal)
(Consolidated)
Respondent .
)
CERTIFICATE OF SERVICE
I, the undersigned, hereby certify that on this 15th day of December 2005, I have served the
attached Petitioner's Notice to Reinstate Statutory 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 of Legal 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
Ms. Carol Webb
Hearing Officer
Illinois Pollution Control Board
600 S . Second Street, Suite 402
Springfield, IL 62704
Jon S . Faletto
Howard & Howard Attorneys, P .C.
One Technology Plaza, Suite 600
211 Fulton Street
Peoria, IL 61602
(309) 672-1483
G
:\F\Freedom Oil\pldgs\PCB\Termination_OpenWaiver_12-15-05 .doc
