MAC'S CONVENIENCE STORES LLC,

Petitioner,

vs.

ILLINOIS ENVIRONMENTAL

AGENCY,

Carol Webb

Hearing Officer

Illinois Pollution Control Board

1021 North Grand Avenue East

P .O. Box 19274

Springfield, IL 62794-9274

PLEASE TAKE NOTICE that

Pollution Control Board a Fifth Limited Waiver of Decision Deadline, a copy of which is

attached .

Dated : January 10, 2006

Respondent.

ORIGINAL

.

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

PROTECTION

NOTICE OF FILING

PCB

05-124

(UST APPEAL)

John J . Kim

Assistant Counsel

Special Assistant Attorney General

Division of Legal Counsel

1021 N . Grand Avenue East

P.O. Box 19276

Springfield, IL 62794-9276

RECEIVED

JAN

1 7 2006

Pollution

STATE OF

Control

ILLINOIS

Board

I have today filed with the Office of the Clerk of the

Respectfully submitted,

HATCHETT & HAUCK

LLP

David L . Hatchett, IN Atty #19383-49

111 Monument Circle, Suite 301

Indianapolis, IN 46204-5124

Telephone :

(317) 464-2621

Facsimile:

(317) 464-2629

david.hatchettnh2lawvers

.com

IThis filing submitted on recycled paper as defined in

35 III . Adm. Code

101 .2021

---

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

Petitioner,

)

PCB 05-124

(UST APPEAL)

vs .

)

AGENCY,

)

Respondent .

)

MAC'S CONVENIENCE STORES LLC,

ILLINOIS ENVIRONMENTAL PROTECTION

FIFTH LIMITED WAIVER OF DECISION DEADLINE

Petitioner Mac's Convenience Stores LLC

("Mac's"),

pursuant to 35 III

. Adm. Code

101

.308(c)(2), hereby waives for an additional fifty-six (56) days the decision deadline for the

Illinois Pollution Control Board to render its decision regarding Mac's appeal of the Illinois

Environmental Protection Agency's Final Decision in the above cause, to and including June 1,

2006

. As indicated in the Hearing Officer Order dated January 5, 2006, the decision deadline is

currently April 6, 2006

. Because this decision deadline is being waived for fifty-six (56) days,

the new decision deadline for the Board is now June 1, 2006

.

Respectfully submitted,

HATCHETT & HAUCK

LLP

Dated : January 10, 2006

David L

. Hatchett, IN Atty #19383-49

111 Monument Circle, Suite 301

Indianapolis, IN 46204-5124

Telephone:

(317) 464-2621

Facsimile :

(317) 464-2629

david

.hatchett(i@, h2lawvers

.com

IThis filing submitted on recycled paper as defined in 35 III

. Adm

. Code 101 .2021

CLERK 'S OFFICE

JAN 1 7 2006

Pollution

STATE OF

Control

ILLINOISBoard

---

RECEIVEDCLERK'S

OFFICE

JAN 1 7 2006

ORIGINAL

CERTIFICA#TQNk`R

and

I, the undersigned attorney at law, hereby certify that on January 10, 2006, I served a true

and accurate copy of the foregoing, by placing a true and correct copy in a properly sealed and

addressed envelope and by depositing said sealed envelope in a U

.S. mail drop box located

within Indianapolis, Indiana, with sufficient First Class Mail postage affixed thereto, upon each

of the following named persons

:

Carol Webb

Hearing Officer

Illinois Pollution Control Board

1021 North Grand Avenue East

P.O. Box 19274

Springfield, IL 62794-9274

John J . Kim

Assistant Counsel

Special Assistant Attorney General

Division of Legal Counsel

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

David L . Hatchett

(This filing submitted on recycled paper as defined in 35 Ill

. Adm . Code 101

.2021