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BEFORE THE ILLINOIS POLLUTION CONTROL
BOARIRCE
R r= I V
ED
FREEDOM OIL COMPANY,
)
,
FEB 2 3 2006
Petitioner,
PCB
PCB 03-503
-5
tollution
STATE OF
Control
ILLINOIS
Board
vs.
)
PCB 03-105
PCB 03-179
ILLINOIS ENVIRONMENTAL
)
PCB 04-02
PROTECTION AGENCY,
)
(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
1021 North Grand Avenue East
100 West
Randolph, Suite 11-500
P. O. Box 19274
Chicago, IL 60601
Springfield, IL 62794-9274
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 21" day of February, 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 of Statutory Decision Deadline
with the Illinois
Pollution Control Board, a copy of which is herewith served upon you
.
HOWARD & HOWARD ATTORNEYS, P
.C.
By:
Jon $ etto, A
t • .
ey for Petitioner,
Frees - Oil Company
Dated
: February 21, 2006
Jon S. Faletto
Howard & Howard Attorneys, P .C.
211 Fulton Street
Peoria, IL 61602
(309) 672-1483
G
:\F\FreedomOil\pldgs\PCB\NOF
TimeCertainWaiver 1-5-06 .doc
THIS FILING IS SUBMITTED ON RECYCLED PAPER
 
RECEIVED
CLERK'S
OFFICE
FEB 2 3 2006
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD STATE OF ILLINOIS
Pollution Control Board
FREEDOM OIL COMPANY,
)
Petitioner,
)
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 §101
.308(c)(2) and files its
Time Certain Waiver of Statutory 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
:
1 .
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
.
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
. On December 19, 2005, Freedom filed its
Notice to Reinstate Statutory Decision
Deadline
to terminate the Open Waiver filed on January 29, 2004
.
3.
On January 10, 2006, Freedom filed a
Time Certain Waiver of Statutory Decision
Deadline
to allow sufficient time for the Board's consideration and ruling on Freedom's pending
 
Motion for Discovery Relief Motion for Default Judgment or Discovery Sanctions, Motion for
I
Summary Judgment and similar motions filed by the Respondent in these Consolidated Proceedings .
4. On February 2, 2006, the Board issued its Opinion and Order on the various motions
filed by Petitioner and Respondent
. The Board's decision resolved some but not all of the factual
issues raised in these proceedings
. Freedom may proceed with a Motion for Reconsideration of the
Board's February 2n' Opinion and Order and plans to continue discussions with counsel for
Respondent to resolve the remaining factual issues in these proceedings. Consequently, Freedom
believes it would be appropriate to waive the current statutory decision deadline for a period of
ninety (90) days to complete those actions .
5 . For the foregoing reasons, Petitioner waives the current June 5, 2006 decision
deadline for a period of ninety (90) days, to and including September 3, 2006 for the Board's
decision in these Consolidated Proceedings
.
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 September 3, 2006
.
HOWARD & HOWARD ATTORNEYS, P.C.
Jon S . Faletto
Howard & Howard Attorneys, P .C
.
211 Fulton Street, Suite 600
Peoria, IL 61602
(309) 672-1483
THIS FILING IS SUBMITTED ON RECYCLED PAPER
By:
N.t>ti
Wj
4
e I
.
CompAtto
•.
2
 
FREEDOM OIL
ICOMPANY,
Petitioner,
vs.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this 21 St day of February 2006, I served the attached
Time Certain Waiver of Statutory Decision Deadline, by depositing same with the United States
Mail with First Class postage prepaid, upon the following persons :
Dorothy M . Gunn, Clerk
Illinois Pollution Control Board
State of Illinois Center
100 West Randolph, Suite 11-500
Chicago, IL 60601-3218
Carol Webb, Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19274
Springfield, IL 62794-9274
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
Jon S. Faletto
Howard & Howard Attorneys, P .C.
211 Fulton Street
- Suite 600
Peoria, IL 61602
(309) 672-1483
G
:\F\Freedom Oil\pldgs\PCB\TimeCertainWaiver 2-20-06 .doc
PCB 03-54
PCB 03-56
PCB 03-105
PCB 03-179
PCB 04-02
(UST Appeal)
(Consolidated)
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

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