THIS FILING IS SUBMITTED ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
VILLAGE OF CASEYVILLE, ILLINOIS )
)
Petitioner
)
)
v. ) PCB 06-164
)
ILLINOIS ENVIRONMENTAL )
PROTECTION AGENCY, )
)
Respondent )
NOTICE OF FILING
TO:
See Attached Service List
PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk of the
Pollution Control Board by electronic filing the
APPEARANCE and MOTION TO
POSTPONE FILING RECORD
of the Illinois Environmental Protection Agency, a copy of
which is herewith served upon you.
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
By:
_______________/s/__________________
James Allen Day
Assistant Counsel
Division of Legal Counsel
Dated: June 4, 2006
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Springfield, Illinois 62794-9276
(
217) 782-5544
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MAY 5, 2006
THIS FILING IS SUBMITTED ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
VILLAGE OF CASEYVILLE, ILLINOIS )
)
Petitioner
)
)
v. ) PCB 06-164
)
ILLINOIS ENVIRONMENTAL )
PROTECTION AGENCY, )
)
Respondent )
MOTION TO POSTPONE FILING RECORD
NOW COMES the Respondent, ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY ("Illinois EPA"), through one of its attorneys, James Allen Day, and pursuant to
Section 105.116 of the Board rules, 35 Ill. Adm. Code Section 105.116, respectfully moves the
Illinois Pollution Control Board ("Illinois PCB" or "Board") to postpone the filing date for the
Illinois EPA record in this case. In support thereof the Illinois EPA states as follows:
1. On May 18, 2006, the Board ordered that the Illinois EPA record in this case is
due to be filed on or before June 5, 2006.
2. As stated in the May 18, 2006, Board Order, and pursuant to 35 Ill. Adm. Code
105.116, if the Agency wishes to seek additional time to file the record, it must
file a request for extension before the date on which the record is due to be filed.
3. Since the May 18, 2006, Board Order, the Petitioner and the Respondent have
discussed this matter and discovered that the dispute is principally founded upon a
misunderstanding regarding the Illinois EPA’s action with respect to the permit at
issue.
4. Mr. Kevin C. Kaufhold, counsel for the Petitioner, has informed the undersigned
Illinois EPA attorney that, based upon the recent clarification from the Illinois
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MAY 5, 2006
THIS FILING IS SUBMITTED ON RECYCLED PAPER
EPA, he will discuss with his client and consultants whether there remains a need
to pursue the present petition.
5. The Agency Record in this matter contains oversized diagrams which make it
especially burdensome to reproduce and distribute.
6. Reproducing and distributing copies of the Agency Record in this matter at this
time would be potentially wasteful of Agency resources—human, fiscal and
material—in light of the significant possibility of prompt withdrawal of the
petition.
7. Delaying the filing of the Agency Record by two weeks, until June 19, 2006,
would not delay these proceedings, in that the next scheduled event in this case is
a status call on June 27, 2006, and the Petitioner has filed an open waiver of the
decision deadline.
Therefore, the Illinois EPA respectfully moves the Hearing Officer to extend by two
weeks the time for filing the Agency recommendation, until June 19, 2006, while maintaining
the currently scheduled date for the next status call in this matter.
ENVIRONMENTAL PROTECTION
AGENCY OF THE STATE OF ILLINOIS
By: _______________/s/________________
James Allen Day
Assistant Counsel
DATED: June 4, 2006
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Post Office Box 19276
Springfield, Illinois 62794-9276
217-782-5544
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MAY 5, 2006
THIS FILING IS SUBMITTED ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
VILLAGE OF CASEYVILLE, ILLINOIS )
)
Petitioner
)
)
v. ) PCB 06-164
)
ILLINOIS ENVIRONMENTAL )
PROTECTION AGENCY, )
)
Respondent )
A P P E A R A N C E
The undersigned, as one of its attorneys, hereby enters an
APPEARANCE
on behalf of the
Respondent, Illinois Environmental Protection Agency.
ENVIRONMENTAL PROTECTION
AGENCY OF THE STATE OF ILLINOIS
By: _____________/s/_________________
James Allen Day
Assistant Counsel
Division of Legal Counsel
DATED: June 4, 2006
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Post Office Box 19276
Springfield, Illinois 62794-9276
217-782-5544
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MAY 5, 2006
THIS FILING IS SUBMITTED ON RECYCLED PAPER
)
STATE OF ILLINOIS )
)
COUNTY OF SANGAMON )
)
PROOF OF SERVICE
I, the undersigned, on oath state that I have served the attached
APPEARANCE and
MOTION TO POSTPONE FILING RECORD,
upon the person to whom it is directed, by
placing a copy in an envelope addressed to:
Dorothy M. Gunn, Clerk Kevin C. Kaufhold
Illinois Pollution Control Board 5111 West Main Street
James R. Thompson Center P.O. Box 23409
100 West Randolph Street, Suite. 11-500 Belleville, Illinois 62226-0409
Chicago, Illinois 60601
Carol Webb, Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
and mailing it from Springfield, Illinois on June 5, 2006 with sufficient postage affixed for first
class mail.
SUBSCRIBED AND SWORN TO BEFORE ME
this fifth day of June, 2006
Notary Public
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MAY 5, 2006
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