BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
FEDEX GROUND PACKAGE SYSTEM, INC
., )
Petitioner,
)
v.
)
PCB 07-12
(UST Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent .
)
NOTICE
Dorothy M
. Gunn, Clerk
Bradley Halloran, Hearing Officer
Illinois Pollution Control Board
Illinois Pollution Control Board
James R . Thompson Center
James R
. Thompson Center
100 West Randolph Street, Suite 11-500
100 West Randolph Street, Suite 11-500
Chicago, IL 60601
Chicago, IL 60601
Thomas W. Daggett
Daggett Law Firm
Chicago Title Tower, Suite 4950
161 North Clark Street
Chicago, IL 60601
PLEASE TAKE NOTICE that I have today filed with the office of the Clerk of the Pollution Control
Board a MOTION FOR LEAVE TO SUPPLEMENT ADMINISTRATIVE RECORD and the
SUPPLEMENTAL ADMINISTRATIVE RECORD, copies of which are herewith served upon you
.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Respondent
Melanie A. Jarvis
Assistant Counsel
Division of Legal Counsel
1021 North Grand Avenue, East
P.O . Box 19276
Springfield, Illinois 62794-9276
217/782-5544
217/782-9143 (TDD)
Dated : November 2, 2006
RECEIVEDCLERICS
OFFICE
NOV 0 6 2006
Pollution
STATEOF
Control
ILLINOISBoard
This filing submitted on recycled paper
.
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
Petitioner,
)
v.
)
PCB 07-12
(UST Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
)
MOTION FOR LEAVE TO SUPPLEMENT ADMINISTRATIVE RECORD
NOW COMES the Respondent, the Illinois Environmental Protection Agency ("Illinois
EPA"), by one of its attorneys, Melanie A
. Jarvis, Assistant Counsel and Special Assistant
Attorney General, and, pursuant to 35 Ill
. Adm. Code 101
.508 and 105
.212, hereby requests that
the Illinois Pollution Control Board ("Board") grant leave to file a supplement to the
Administrative Record filed previously
. In support of this motion, the Illinois EPA states as
follows :
1 .
On August 31, 2006, the Illinois EPA mailed for filing the Administrative Record
in this proceeding .
2.
During a status conference with the Hearing Officer on September 21, 2006
Petitioner requested that the Respondent add documents to the administrative record
. The
Respondent agreed .
3 .
On October 24, 2006, the Petitioner via email and regular mail sent the
Respondent a written request setting forth the specific documents that the Petitioner wanted to
add to the record
. (See attached letter)
4.
The request to supplement the record is by mutual agreement of the parties,
therefore no hardship to either party should occur due to the filing of this Supplemental
FEDEX GROUND PACKAGE SYSTEM, INC
.,
1
RER
,EIVI
ED
NOV 0 6 2006
t
Pollution Control
ILLINOIS
Boar
Administrative Record
. The Board has allowed such supplements to Administrative Records in
the cases of Strube v
. IEPA, PCB 91-205 ;
Des Plaines River Watershed Alliance et . al. v. IEPA
and the Village of New Lenox,
PCB 04-88 ; and Quantum Chemical v
. IEPA, PCB 89-16 . The
inclusion of these documents should be allowed to complete the Administrative Record before
the Board.
WHEREFORE, for the reasons stated herein, the Illinois EPA respectfully requests that
the Board grant leave to file a supplement to the Administrative Record
.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Respondent
''YYb9ot,r, -
j-
.
Melanie A. Jarvis
Assistant Counsel
Special Assistant Attorney General
Division of Legal Counsel
1021 North Grand Avenue, East
P.O
. Box 19276
Springfield, Illinois 62794-9276
217/782-5544
217/782-9143 (TDD)
Dated: November 2, 2006
This filing submitted on recycled paper
.
2
CERTIFICATE OF SERVICE
I, the undersigned attorney at law, hereby certify that on November 2, 2006 I served true and
correct copies of a MOTION FOR LEAVE TO SUPPLEMENT ADMINISTRATIVE RECORD and
the SUPPLEMENTAL ADMINISTRATIVE RECORD, by placing true and correct copies thereof in
properly sealed and addressed envelopes and by depositing said sealed envelopes in a U .S
. Mail drop
box located within Springfield, Illinois, with sufficient First Class postage affixed thereto, upon the
following named persons :
Dorothy M . Gunn, Clerk
Bradley Halloran, Hearing Officer
Illinois Pollution Control Board
Illinois Pollution Control Board
James R. Thompson Center
James R. Thompson Center
100 West Randolph Street, Suite 11-500
100 West Randolph Street, Suite 11-500
Chicago, IL 60601
Chicago, IL 60601
Thomas W
. Daggett
Daggett Law Firm
Chicago Title Tower, Suite 4950
161 North Clark Street
Chicago, IL 60601
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Respondent
Melanie A. Jarvis
Assistant Counsel
Division of Legal Counsel
1021 North Grand Avenue, East
P
.O
. Box 19276
Springfield, Illinois 62794-9276
217/782-5544
217/782-9143 (TDD)
This filing submitted on recycled paper .
