REl~V~EO
BEFORE THE ILLINOIS POLLUTION CONTROL
BOARDCLERK’S OFF~E
PEOPLE
OF THE STATE
OF ILLINOIS,
)
NOV
23
2004
by
LISA MADIGAN, Attorney General
)
STATE OF IWNOIS
)
Pollution Control Board
Complainant,
)
)
PCBO4-162
v.
)
)
(Enforcement)
ASBESTOS CONTROL AND
)
ENVIRONMENTAL SERVICES CORP.,
)
an Illinois corporation,
)
)
Respondent.
)
NOTICE OF FILING
To:
Bridget M.
Carison,
Esq.
BradleyP. Halloran
Assistant Attorney General
Hearing Officer
Environmental Bureau North
Illinois Pollution
Control Board
188
W.
Randolph Street,
20th
Floor
James R. Thompson Center
Chicago, Illinois 60601
Suite 11-500
100 W. Randolph Street
Chicago, IL 60601
PLEASE TAKE NOTICE that on November
19, 2004 I
mailed Respondent’s Motion for
Extension ofTime to Respond to Complainant’s Motion to
Strike or Dismiss Respondent’s
Defenses by certified mail to the Office ofthe Clerk of the Illinois Pollution Control Board for
filing with the Board, a true and correct copy of which is attached hereto and herewith served
upon you.
ASBESTOS CONTROL AND ENVIRONMENTAL
SERVICES CORP., Respondent
By:
~
Norman V. Chimenti
Norman V. Chimenti, Esq.
Martin, Craig, Chester & Sonnenschein
2215 York Road
Suite 550
Oak Brook, Illinois
60523
(630) 472-3408
Printed
on
recycled paper
BEFORE
THE ILLINOIS POLLUTION CONTROL ~
PEOPLE
OF THE STATE
OF
ILLINOIS,
)
NOV
23
2004
STATE OF ILIJNQIS
Complainant,
)
Pollution Control Board
)
PCBO4-l62
v.
)
)
(Enforcement)
ASBESTOS CONTROL AND
)
ENVIRONMENTAL SERVICES
CORP.,
)
an Illinois corporation,
)
)
Respondent.
)
MOTION OF
RESPONDENT
FOR
EXTENSION
OF TIME TO RESPOND TO
COMPLAINANT’S MOTION TO STRIKE OR DISMISS
RESPONDENT’S DEFENSES
Respondent, ASBESTOS CONTROL AND ENVIRONMENTAL SERVICES CORP., by
its attorney, Norman V. Chimenti, pursuant to Section
10 1.522 ofthe Board’s General Rules,
moves
for an
Order of the Hearing Officer Extending the time for filing
the response of Respondent to
Motion of Complainant, PEOPLE
OF STATE OF ILLINOIS, ex. rel. LISA MADIGAN, to Strike
or Dismiss Respondent’s Affirmative Defenses until further Orderofthe Hearing Officer.
In support
ofits motion, Respondent states the following:
1.
This Motion is timely filed by Respondent.
2.
Complainant and Respondent are engaged in meaningful settlement discussions with
the
reasonable
prospect
of reaching
a
dispositive
settlement
of the
matters
in
dispute
in
this
proceeding, so as to avoid the time and expense of a hearing on the merits ofthis cause,
Printed
on
recycled paper
3.
The granting of this
Motion
will not
result
in
undue
delay or materially prejudice
Complainant.
Respectfully submitted,
ASBESTOS CONTROL AND
ENVIRONMENTAL SERVICES CORP.,
Respondent
By:
~
Norman V. Chimenti
Attorney for Respondent
Norman V. Chimenti, Esq.
Martin, Craig, Chester & Sonnenschein
2215
York Road
Suite 550
Oak Brook, IL
60523
630-472-3408
(Fax) 630-472-0048
2
CERTIFICATE OF SERVICE
It
is hereby certified that on November
19,
2004, a true and correct copy ofthe foregoing
Motion ofRespondent was sent by First Class Mail to each of the persons shown below and
listed
in the Notice of Filing, by depositing same in the U.S. Mail depository located at 2215 York Road,
Oak Brook, Illinois
in an envelope with sufficient postage prepaid.
Bridget M. Carlson, Esq.
Assistant Attorney General
Environmental Bureau North
188
W. Randolph Street, 20t!~Floor
Chicago, Illinois
60601
Attorney for Complainant
Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Board
James R. Thompson
Center, Suite
11-500
100 W.
Randolph Street
Chicago, Illinois 60601
Norman V. Chimenti
It
is further certified that on November
19,
2004
the originals
and
nine (9) copies of the
foregoing Motion ofRespondent and the Notice ofFiling were sent by certified mail in the aforesaid
manner for filing with the Illinois Pollution Control Board to the following person:
Dorothy M. Gunn
Clerk ofthe Illinois Pollution Control Board
100 W. Randolph Street, Suite
11-500
Chicago, Illinois 60601
*
Norman V. Chimenti
3
