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FREEDOM OIL COMPANY,
Petitioner,
vs.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent .
NOTICE OF FILING
TO :
Dorothy M. GWm, Clerk
Illinois Pollution Control Board
State of Illinois Center
100 West Randolph, Suite 11-500
Chicago, IL 60601-3218
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
Hon. Carol Webb, Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East,
P.O. Box 19274
Springfield, IL 62794-9274
ORIGINAL
PCB 03-54
PCB 03-56
PCB 03-105
PCB 03-179
PCB 04-02
(UST Appeals)
(Consolidated)
REce
S OFFICEvED
JUN 1 2 2006
STATE OF ILLINOIS
Pollution Control Board
J. Greg Richardson
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 I have today filed with the Office of the Clerk of the
Pollution Control Board an original and nine (9) copies of Time Certain Waiver of Statutory
Decision Deadline, a copy of which is herewith served upon you
.
Dated : June
, 2006
.
Respectfully submitted,
FREEDOM OIL CO
1,
i,
At
By:
/
Gary A. Pe rs,
Gary A . Peters
Howard & Howard Attorneys, P .C.
One Technology Plaza, Suite 600, 211 Fulton Street
Peoria, IL 61602-1350
(309) 672-1483
to Pen
G\Documents and Settings\goddard\Local Settings\Temporary Internet Files\0LK47\N0F6-0706
.doc
 
ORIGINAL
AF-C
CLERK'S
YIVE®OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
.1014 1
,'
2006
STATE OF ILLINOIS
FREEDOM OIL COMPANY,
)
Pollution Control Board
Petitioner,
)
PCB 03-54
PCB 03-56
vs.
)
PCB 03-105
PCB 03-179
ILLINOIS ENVIRONMENTAL
)
PCB 04-02
PROTECTION AGENCY,
)
(UST Appeals)
Respondent .
)
(Consolidated)
TIME CERTAIN WAIVER OF STATUTORY DECISION DEADLINE
NOW COMES the Petitioner, FREEDOM OIL COMPANY ("Freedom"), pursuant to 35
iii . 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 certain proposed investigation activities, and reimbursement
for certain 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
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 vanous motions
filed by Petitioner and Respondent . The Board's decision resolved some but not all of the factual
issues raised in these proceedings
. Freedom is compiling and narrowing the remaining factual
disputes, and intends to dismiss two of the individual UST appeals in this matter
. Freedom also
plans to continue discussions with counsel for Respondent to resolve the remaining factual issues in
these proceedings for a streamlined hearing or settlement of the case
. Consequently, Freedom
believes it would be appropriate to waive the current statutory decision deadline for a period of sixty
(60) days to complete those actions
.
5.
For the foregoing reasons, Petitioner waives the current September 3, 2006 decision
deadline for a period of sixty (60) days, to and including November 2, 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 November 2, 2006.
HOWARD & HOWARD ATTORNEYS, P .C.
2
Gary Peters,
tomey fo Petit oner,
Freedom Oil Company
Howard & Howard Attorneys, P.C.
211 Fulton Street, Suite 600
Peoria, IL 61602
(309) 672-1483
 
direct dial
: 309 .999 .6310
VIA FIRST-CLASS MAIL
Ann Arbor
Bloomfiehlllills
Kalamazoo
Peoria
Howard & Howard
G R I GI,N n,
I
law for business-
Gary A
. Peters
June 7, 2006
Enclosed please find an original and nine (9) copies of Time Certain Waiver of Statutory
Decision Deadline along with a Notice of Filing and Certificate of Service
. Please file and return to
me a file-stamped copy in the self-addressed, stamped envelope provided
.
Should you have any questions or comments regarding this matter, please do not hesitate to
contact me .
Sincerely,
HO
ATTORNEYS, P.C.
Enclosures
G,avawaci oux.nck~x 607-061 c
One Technology Plaza . Suite 600
. 211 Fit lton Street . Peoria . 11
. 61602 .1350
309 .672 .1483 Fox
: 309 .672 .1568 www .It21
n w .co m
e mail
:gpeters@howardandhoward .com
REC1
i=
R
,
ElV IEp
JUN 1
?
2006
STATE OF ILLINOIS
Ms. Dorothy M.
Gunn, Clerk
Illinois Pollution Control Board
State of Illinois Center
100 West Randolph, Suite 11-500
Chicago, IL 60601
Re
: PCB 03-54, PCB 03-56, PCB 03-105, PCB 03-179, PCB 04-02
(UST Appeal) (Consolidated
Freedom Oil Company
Dear Ms. Gunn
:
Pollution Control Board

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