FREEDOM OIL COMPANY,
Petitioner,
vs.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent .
TO:
Dorothy M . Gunn, 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
RLeRK,Eovei ®
Hon
. 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 I have today filed with the Office of the Clerk of the
Pollution Control Board an original and nine (9) copies of an Open Waiver of Statutory Decision
Deadline, a copy of which is herewith served upon you
.
Dated: August 14, 2006
.
Respectfully submitted,
PCB 03-54
PCB 03-56
PCB 03-105
PCB 03-179
PCB 04-02
(UST Appeals)
(Consolidated)
NOTICE OF FILING
B
ary A.
Gary A
. Peters
Howard & Howard Attorneys, P .C.
One Technology Plaza, Suite 600, 211 Fulton Street
Peoria, IL 61602-1350
(309) 672-1483
J
. Greg Richardson
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East, P
. O. Box 19276
Springfield, IL 62794-9276
P ers
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BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
AUG
16 2006
FREEDOM OIL COMPANY,
STATE OF ILLINOIS
)
Pollution Control
Boarn
Petitioner,
)
PCB 03-54
PCB 03-56
PCB 03-105
vs.
)
PCB 03-179
PCB 04-02
ILLINOIS ENVIRONMENTAL
)
(UST Appeals)
PROTECTION AGENCY,
)
(Consolidated)
Respondent.
)
OPEN WAIVER OF STATUTORY DECISION DEADLINE
NOW COMES the Petitioner, FREEDOM OIL COMPANY ("Freedom"), pursuant to 35
Ill. Admin. Code §101 .308(c)(2) and waives the statutory deadline for final Board decision in this
UST Fund/UST Appeal proceeding as specified in Section 40 of the Illinois Environmental
Protection Act, 415 ILCS 5/40 (the "Act") . In support of its waiver, Petitioner states :
1 .
On January 14, 2003, Freedom filed a Petition for Review of Underground Storage
Tank Fund Reimbursement in response to the Illinois Environmental Protection Agency's
December 18, 2002 denial determination in connection with LUST Incident No . 20020433 (PCB
Case No 03-105) . On January 23, 2003, the Board issued an Order accepting the Petition for
hearing.
2.
On January 21, 2003, Freedom filed a Petition for Review of Underground Storage
Tank Fund Reimbursement in response to the Illinois Environmental Protection Agency's
September 20, 2002 denial determination in connection with LUST Incident Nos . 961825 ; 962059;
20020433 ; and 20021122 (PCB Case No . 03-56)
. On January 23, 2003, the Board issued an Order
accepting the Petition for hearing .
3 . On January 21, 2003, Freedom filed a Petition for Review of Underground Storage
Tank Fund Reimbursement in response to the Illinois Environmental Protection Agency's
September 17, 2002 denial determination in connection with LUST Incident No . 20020433 (PCB
Case No
. 03-54) . On January 23, 2003, the Board issued an Order accepting the Petition for
hearing.
4.
On February 13, 2003, Freedom filed a Motion to Consolidate its three pending
cases before the Board. On February 20, 2003, the Board issued an Order granting Freedom's
Motion to Consolidate PCB 03-54, PCB 03-105, and PCB 03-56 .
5.
On April 4, 2003, Freedom filed a Petition for Review of Underground Storage
Tank Fund Reimbursement in response to the Illinois Environmental Protection Agency's
March 19, 2003 partial denial determination in connection with LUST Incident No . 20020433 (PCB
Case No
. 03-54), and also moving the Board to consolidate the April 4, 2003 appeal with its three
previously-consolidated UST appeals .
On April 8, 2003, Freedom filed a Notice of Clarification
that the April 4, 2003 petition pertains to three leaking
UST incident numbers : 20020433 ;
20021122 ; and 20021420 . On April 17, 2003, the Board issued an Order accepting the Petition for
hearing and granting Freedom's Motion to Consolidate PCB 03-54, PCB 03-105, PCB
03-179 and
PCB 03-56 .
6.
On July 2, 2003, Freedom filed a Petition for Review of Underground Storage Tank
Fund Reimbursement in response to the Illinois Environmental Protection Agency's May 28,
2003
partial denial determination (PCB Case No . 04-02), and also moving the Board to consolidate the
July 2, 2003 appeal with its four previously-consolidated UST appeals . The Board has issued an
THIS FILING IS SUBMITTED ON RECYCLED PAPER
2
Order accepting the Petition for hearing and granting Freedom's Motion to Consolidate PCB
03-54,
PCB 03-105, PCB 03-179, PCB 03-56 and PCB 04-02 .
7.
On February 6, 2006, the Board issued an Order granting in part, and denying in
part, certain Motions for Summary Judgment filed by both the Petitioner and IEPA
. Pursuant to a
time-certain waiver of the statutory deadline, the final hearing
in this matter was scheduled for
August 16, 2006, before Hearing Officer Carol Webb in Springfield, IL .
8.
Petitioner and Respondent have agreed to a settlement of the issues in this appeal .
To allow for the state to process and pay the agreed settlement amount, Petitioner waives the current
November 2, 2006 decision deadline and requests an open extension for the Board's
decision to
allow for payment of the settlement amount in this consolidated proceeding .
Dated: August 14, 2006
Gary A. Peters
Howard & Howard Attorneys, P .C.
One Technology Plaza, Suite 600
211 Fulton Street
Peoria, IL 61602
(309) 672-1483
By :
G A. to
THIS FILING IS SUBMITTED ON RECYCLED PAPER
3
FREEDOM OIL COMPANY,
Petitioner,
vs.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent
.
CERTIFICATE OF SERVICE
I, the undersigned, hereby certify that on this 14th day of August 2006, I have served the
attached Open Waiver of Statutory Decision Deadline, by depositing same via First Class, U
.S.
Mail, with proper postage prepaid, upon Dorothy M
. Gunn, and by faxing a copy to James G
.
Richardson and Hon
. Carol Webb :
Dorothy M
. Gunn, Clerk
Illinois Pollution Control Board
State of Illinois Center
100 West Randolph, Suite 11-500
Chicago, IL 60601-3218
Hon. Carol Webb
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East,
P.O
. Box 19274
Springfield, IL 62794-9274
Gary A
. Peters
Howard & Howard Attorneys, P
.C .
One Technology Plaza, Suite 600
211 Fulton Street
Peoria, IL 61602
(309) 672-1483
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PCB 03-54
PCB 03-56
PCB 03-105
PCB 03-179
PCB 04-02
(UST Appeals)
(Consolidated)
James. G. Richardson, Assistant Counsel
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East, P
. O. Box 19276
Springfield, IL 62794-9276
