THIS FILING SUBMITTED ON RECYCLED PAPER
     
    BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
     
    PEOPLE OF THE STATE OF ILLINOIS, )
     
      
      
      
      
      
    )
    Complainant, )
     
      
      
      
      
      
    )
    v. ) PCB No. 05-110
    ) (Enforcement - Water)
    J. McDANIEL, INC. an Illinois corporation, )
     
      
      
      
      
      
    )
    Respondent. )
     
    NOTICE OF FILING
     
    TO: Ms. Dorothy M. Gunn Carol Webb, Esq.
    Clerk of the Board Hearing Officer
    Illinois Pollution Control Board
    Illinois Pollution Control Board
    100 West Randolph Street
    1021 North Grand Avenue East
    Suite 11-500 Post Office Box 19274
    Chicago, Illinois 60601
    Springfield, Illinois 62794-9274
     
    (VIA ELECTRONIC MAIL)
     
      
    (VIA FIRST CLASS MAIL)
     
     
     
    (SEE PERSONS ON ATTACHED SERVICE LIST)
     
    PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk of
    the Illinois Pollution Control Board a
    MOTION FOR EXTENSION OF TIME
    , a copy
    of which is herewith served upon you.
     
    Respectfully submitted,
     
    J. McDANIEL, INC.,
    Respondent,
     
    By:/s/ Edward W. Dwyer
      
    Edward W. Dwyer
     
    Dated: December 29, 2005
     
    Edward W. Dwyer
    HODGE DWYER ZEMAN
    3150 Roland Avenue
    Post Office Box 5776
    Springfield, Illinois 62705-5776
    (217) 523-4900
    ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 29, 2005
     
    CERTIFICATE OF SERVICE
     
    I, Edward W. Dwyer, the undersigned, certify that I have served the attached
    MOTION FOR EXTENSION OF TIME upon:
    Ms. Dorothy M. Gunn
    Clerk of the Board
    Illinois Pollution Control Board
    100 West Randolph Street
    Suite 11-500
    Chicago, Illinois 60601
     
    via electronic mail on December 29, 2005; and upon:
     
    Carol Webb, Esq.
    Hearing Officer
    Illinois Pollution Control Board
    1021 North Grand Avenue East
    Post Office Box 19274
    Springfield, Illinois 62794-9274
     
    Javonna Homan, Esq.
    Office of the Attorney General
    Environmental Bureau
    500 South Second Street
    Springfield, Illinois 62706
     
    by depositing said documents in the United States Mail in Springfield, Illinois, postage
    prepaid, on December 29, 2005.
     
      
      
      
      
      
    By:/s/ Edward W. Dwyer
      
    Edward W. Dwyer
     
     
    ECSI:001/Fil/NOF and COS – MET5
     
    ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 29, 2005
     
    BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
     
    PEOPLE OF THE STATE OF ILLINOIS, )
     
      
      
      
      
      
    )
    Complainant, )
     
      
      
      
      
      
    )
    v. ) PCB No. 05-110
    ) (Enforcement - Water)
    J. McDANIEL, INC. an Illinois corporation, )
     
      
      
      
      
      
    )
    Respondent. )
     
    MOTION FOR EXTENSION OF TIME
     
    NOW COMES Respondent, J. McDANIEL, INC. (“J. McDaniel”), by its
    attorneys, HODGE DWYER ZEMAN, and requests that the Illinois Pollution Control
    Board (“Board”) enter an Order granting J. McDaniel an extension of time for fourteen
    (14) days, to and including January 12, 2006, in which to file its Answer or other
    responsive pleading in the above-captioned matter. In support of this Motion, J.
    McDaniel states as follows:
    1. On December 14, 2004, the People of the State of Illinois (“the State”)
    filed a Complaint in the above-captioned matter, alleging violations of Sections 12(a) and
    (d) of the Illinois Environmental Protection Act regarding water pollution. 415 ILCS
    5/12(a) and (d).
    2. Pursuant to a telephone status conference held on January 27, 2005, with
    the Complainant, Respondent and the Hearing Officer, Respondent was granted an
    extension until March 22, 2005, to file an Answer.
    3. The law firm of HODGE DWYER ZEMAN was retained by J. McDaniel
    to represent it in the above-captioned matter, and filed its entry of appearance on
    January 25, 2005.
    ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 29, 2005
     
    2
    4. On November 15, 2005, the Hearing Officer ordered Respondent to file an
    Answer by December 15, 2005.
    5. Over the last several months, the parties have engaged in good faith
    settlement negotiations. While negotiations continue, the parties have agreed that it may
    be appropriate for Respondent to file its Answer or other responsive pleading.
    6. On December 19, 2005, the Hearing Officer granted Respondent until
    December 29, 2005 to file an Answer. Due to the press of other matters and the onset of
    the Christmas and New Year’s holidays, counsel for Respondent has been unable to
    complete and have the client review its responsive pleading in order to meet today’s
    deadline.
    7. Counsel is now requesting another extension of time for fourteen (14)
    days, or until January 12, 2006, so that Respondent can file its Answer or other
    responsive pleading. Counsel for Respondent contacted counsel for Complainant and
    was advised that counsel for Complainant has no objection to this Motion.
    WHEREFORE, Respondent, J. MCDANIEL, INC., respectfully requests that the
    Illinois Pollution Control Board enter an Order granting its request for an extension of
    ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 29, 2005
     
    3
    time for fourteen (14) days, to and including January 12, 2006, in which to file its
    Answer or other responsive pleading to Complainant’s Complaint.
    Respectfully submitted,
     
    J. McDANIEL, INC.,
    Respondent,
     
     
    By:/s/ Edward W. Dwyer
      
    Edward W. Dwyer
    Dated: December 29, 2005
     
    Edward W. Dwyer
    HODGE DWYER ZEMAN
    3150 Roland Avenue
    Post Office Box 5776
    Springfield, Illinois 62705-5776
    (217) 523-4900
     
    ECSI:001/Fil/Motion for Extension5
     
    ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 29, 2005

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