RECEIVED

CLERKS OFFICE

OCT

032005

BEFORE THE

ILLINOIS POLLUTION CONTROL BOARD

STATE OF ILLINOIS

Pollution Control Board

SILBRICO CORPORATION,

)

Petitioner,

v.

)

PCB 06-011

(Variance—land)

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

)

Respondent.

NOTICE OF

FILING

To:

(See attached

Service

List.)

PLEASE TAKE NOTICE that on this 3’~

day of October 2005,

there was filed with

the

Illinois

Pollution

Control

Board,

Petitioner

Silbrico

Corporation’s

Motion

for

Extension of Time, which

is attached and

herewith

served

upon

you.

SILBRICO CORPORATION

By:_____________

(~IizabethS. Fftrt’ey

~

One of its

attàrneys

Elizabeth S.

Harvey

Michael J.

Maher

SWANSON, MARTIN & BELL,

LLP

One IBM

Plaza,

Suite 3300

330 North Wabash Avenue

Chicago,

Illinois

60611

Telephone: (312) 321-9100

---

CERTIFICATE OF

SERVICE

I,

the

undersigned

attorney,

state

that

I

served

a copy of Petitioner Silbrico

Corporation’s

Petition

for

Variance

to

counsel

of

record

in

the

above-captioned

matter

via

U.S.

Mail

at

One

IBM

Plaza,

Chicago,

IL 60611

on or

before 5:00

p.m.

on

October 3,

2005.

xj

Under penalties

as provided by

law

pursuant to 735 ILCS

5/1-109,

I certify

that the statements set forth herein

are true and correct.

Harvey

---

2049-001

SERVICE LIST

Case

No. PCB 06-011

(Variance

--

Land)

Mark V. Gurnik, Assistant Counsel

Illinois

Environmental

Protection Agency

Division of Legal

Counsel

1021

North Grand

Avenue

East

P.O.

Box

19276

Springfield,

IL 62794-9276

---

RECEIVED

CLERK’S OFFICE

BEFORE THE

ILLINOIS POLLUTION

CONTROL BOARD

OCT

032005

SILBRICO CORPORATION,

)

pouuonconft~~

)

Petitioner,

v.

)

PCBO6-011

(Variance—land)

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

)

Respondent.

MOTION

FOR EXTENSION

OF TIME

Petitioner

SILBRICO

CORPORATION

(“Silbrico”),

by

its

attorneys

Swanson,

Martin

&

Bell,

LLP,

moves for

an

extension

of time,

to

and

including

October

11

2005, to file

its

amended petition for variance.

1.

On

September

1,

2005,

the

Board

issued an order directing Silbrico to

file

an

amended

petition,

providing

responses to

issues

identified

by

the

Board.

That

order established

a

deadline

of

October

3,

2005,

to

file the

amended

petition.

2.

Silbrico

is

preparing

its

amended

petition.

However,

Silbrico

seeks

a

short

extension

of time

in

which

to file

that amended

petition,

so

that

Silbrico can fully

address the

information requests

made by the

Board.

3.

Silbrico seeks an extension to

October

11,

2005.

4.

In

the

absence

of

an

extension,

Silbrico

will

suffer

prejudice.

Conversely, Silbrico

believes that

a grant of the short extension will

not

---

prejudice

the

Board,

the

Illinois

Environmental

Protection

Agency,

or

the

public.

WHEREFORE,

Silbrico

moves

the

Board for

an extension of time,

to

and

including

October

11, 2005,

to file

its

amended petition for variance.

Respectfully submitted,

SILBRICO CORPORATION

By:

e

~

4 ~

\.~

On~5of

its attorney~

Dated:

October 3, 2005

Elizabeth S.

Harvey

Michael J.

Maher

Swanson,

Martin

& Bell,

LLP

One

IBM

Plaza,

Suite 3300

330

North Wabash Avenue

Chicago,

Illinois

60611

Telephone:

(312) 321-9100