BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
FREEDOM OIL COMPANY,
)
Petitioner,
)
PCB 03-54
FRE
1V
E D
PCB 03-56
K'S
OFFICE
vs.
)
ILLINOIS
ENVIRONMENTAL
PCB
PCB 03-10503-179=TATE
JAN
OF
10
ILLINOIS
2006
)
PROTECTION
AGENCY,
PCB
04-02
yoliution Control Board
)
(UST Appeal)
Respondent
.
)
(Consolidated)
NOTICE OF FILING
Ms. Dorothy M. Gunn, Clerk
Ms
. Carol Webb, Hearing Officer
Illinois Pollution Control Board
Illinois Pollution Control Board
James R
. Thompson Center
600 S
. Second Street, Suite 402
100 West Randolph, Suite 11-500
Springfield, IL 62704
Chicago, IL 60601
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 5 t'
day of January 2006, the undersigned attorney,
Jon S
. Faletto, of Howard & Howard Attorneys,
P.C.,
filed the original and nine (9) copies of
Petitioner's
Time Certain Waiver ofStatutory
Decision Deadline
with the Illinois Pollution Control
Board, a copy of which is herewith served upon you
.
HOWARD & HOWARD ATTORNEYS, P
.C.
Dated
: January 5, 2006
Jon S. Faletto
Howard & Howard Attorneys, P .C.
211 Fulton Street
Peoria, IL 61602
(309) 672-1483
By:
Attorney for Petitioner,
om Oi ompany
G :\F\Freedom Oil\pldgs\PCB\NOF_TimeCertainWaiver_I-5-06
.doc
THIS FILING IS SUBMIT71ED ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
flecelvEoCLEr'"
OFFICE
JAN 10 2006
FREEDOM OIL COMPANY,
)
Petitioner,
Pollution
STATE
OF
ControlILLINOISBoard
)
PCB 03-54
PCB 03-56
vs.
)
PCB 03-105
PCB 03-179
ILLINOIS ENVIRONMENTAL
)
PCB 04-02
PROTECTION AGENCY,
)
(UST Appeal)
Respondent .
)
(Consolidated)
TIME CERTAIN WAIVER OF STATUTORY DECISION DEADLINE
NOW COMES the Petitioner, FREEDOM OIL COMPANY ("Freedom"), pursuant to 35
Ill. Admin. Code ยง 101
.308(c)(2) and files its Time Certain Waiver
ofStatutory Decision Deadline
in these consolidated Underground Storage Tank
("UST")
Fund/UST Appeal proceedings.
In support of its Time Certain Waiver of
Statutory Decision Deadline,
Petitioner states :
I .
In these Consolidated Proceedings, Freedom respectfully requests the Pollution
Control Board's review of five individual but related decisions
by the Illinois Environmental
Protection Agency ("IEPA") to deny reimbursement of investigation,
response and remediation
costs incurred by Freedom in 2002 and 2003
. The investigations and remediation actions mandated
by the IEPA and undertaken by Freedom have been completed for several years
. Freedom's request
for reimbursement of its remediation costs 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 of these expenditures .
2.
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 were not successful
.
3 .
On December 19, 2005, Freedom filed its
Notice to Reinstate Statutory Decision
Deadline
to terminate the Open Waiver filed on January 29, 2004 .
4.
During the January 3, 2006 Status Conference in these proceedings, Hearing Officer
Carol Webb advised that pursuant to Freedom's
Notice to Reinstate Statutory Decision Deadline,
the current statutory decision deadline for these Consolidated Proceedings is April 6, 2006
.
5 .
As of this date, there has been no ruling on Freedom's pending
Motion for Discovery
Relief Motion for Default Judgment or Discovery Sanctions,
or
Motion for Summary Judgment
filed in these Consolidated Proceedings
.
Since the Board's decisions on those pending Motions are
likely to affect the issues raised in these proceedings and determine the factual issues, if any,
remaining to be tried, Freedom believes it would be appropriate to waive the current statutory
decision deadline for a period of sixty (60) days
.
6.
For the foregoing reasons, Petitioner waives the current April 6, 2006 decision
deadline for a period of sixty (60) days, to and including June 5, 2006 for the Board's decision
in
these Consolidated Proceedings
.
THIS FILING IS SUBMITTED ON RECYCLED PAPER
2
WHEREFORE the Petitioner, FREEDOM OIL COMPANY, files its
Time Certain Waiver
of Statutory Decision Deadline
to extend the statutory decision deadline in these Consolidated
Proceedings to June 5, 2006 .
HOWARD & HOWARD ATTORNEYS, P
.C.
Dated
: January 5, 2006
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
By:
Falett
ttorney for Petitioner
om Oil ompany
3
