RECE~VED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL
BOAR~,~
1192005
)
PCBNo.05-11O
(Enforcement
-
Water)
STATE OF ILUNOIS
Pollution
Control Board
NOTICE OF FILING
TO:
Ms.
Dorothy M. Gunn
Clerk ofthe Board
Illinois
Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois
60601
(VIA FIRST CLASS
MAIL)
Carol Webb, Esq.
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
Post Office Box
19274
Springfield, Illinois
62794-9274
(VIA FIRST
CLASS MAIL)
(SEE PERSONS ON
ATTACHED SERVICE LIST)
PLEASE TAKE NOTICE that I have today filed with the Office ofthe Clerk of
the illinois Pollution Control Board an original and nine copies ofa MOTION
FOR
EXTENSION OF TIME,
copies ofwhich are herewith served upon you.
Dated:
May 6, 2005
Edward W. Dwyer
HODGE DWYER ZEMAN
3150 RolandAvenue
Post Office Box 5776
Springfield, Illinois
62705-5776;
(217) 523-4900
Respectfully submitted,
J. McDANIEL, INC.,
Respondent,
By~~J~
Edward W
wyer
PEOPLE OF THE
STATE OF
ILLINOIS,
)
)
Complainant,
)
)
v.
)
J. McDANIEL, INC. an Illinois corporation,)
)
Respondent.
)
THIS FILING SUBMITTED ON RECYCLED PAPER
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
Javonna Homan, Esq.
Office of the Attorney General
Environmental Bureau
500 South Second Street
Springfield, Illinois
62706
Carol Webb, Esq.
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
Post Office Box
19274
Springfield, Illinois
62794-9274
by depositing said documents in the United States Mail in Springfield,Illinois, postage
prepaid, on May 6, 2005.
Edward Wer
ECSI:OO1/Fi1INOF
and COS
—
MET2
BEFORE THE ILLINOIS POLLUTION CONTROLB~I~C ~
~Vt~D
(iLERK’S OFFICE
PEOPLE OF
THE STATE OF ILLINOIS,
)
MAY
092005
Complainant,
)
STATE OF
ILLINOIS
)
Pollution Control
Board
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 oftime for thirty (30)
days, to and including June
5,
2005, in which to file its Answer in the above-captioned
matter.
In support ofthis Motion,
J. McDaniel states as follows:
1.
On December 14,2004, the People ofthe State ofIllinois
(“the State”)
filed a Complaint in the above-captioned matter, alleging violations of Sections 12(a)
and
(d) ofthe 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 ofHODGE 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.
4.
On March 21, 2005, Counsel requested an extension oftime for forty-five
(45)
days, oruntil May 6; 2005, so that the parties may discuss possible settlement of the
issues involved in this matter.
The Board granted this request.
5.
Counsel is requesting an
extension of time for thirty (30) days; or until
June
5,
2005, so that the parties may continue to discuss possible
settlement ofthe issues
involved in this matter.
6.
Counsel for Respondent contactedcounsel for Complainant and was
advised that Counsel
for Complainant has no objection to this Motion.
WHEREFORE, Respondent J. McDaniel, Inc., respectfullyrequests that the
Board enter an Order granting its request for an extension oftime for thirty (30) days, to
and including June
5,
2005, in which to file its Answer to Complainant’s Complaint.
Respectfully submitted,
J. McDANIEL, INC.,
Respondent,
By:_______
Edward W.
wyer
Dated:
May 6, 2005
Edward W. Dwyer
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois
62705-5776
(217) 523-4900
ECSI:QO1/FillMotion
for Extension2
2
