KNAPP OIL COMPANY,
DON'S 66,
Petitioner,
V .
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
RECEIVED
CLERK'S OFFICE
BEFORE
OF
THE
THE
POLLUTION
STATE OF ILLINOISCONTROL
BOARD
OCT 0 4 2006
Respondent .
To:
Melanie A
. Jarvis
Assistant Counsel
Division of Legal Counsel
1021 North Grand Avenue, East
P .O
. Box 19276
Springfield, IL 62794-9276
PLEASE TAKE NOTICE
that on October 4, 2006, there was filed with the Clerk of the
Illinois Pollution Control Board of the State of Illinois, an original, executed copy of the
PETITIONER'S MOTION FOR EXTENSION OF TIME TO FILE RESPONSE IN
OPPOSITION TO MOTION FOR SUMMARY JUDGMENT,
of the Knapp Oil Company,
copies of which are herewith served upon you
.
Dated : October 4, 2006
Respectfully submitted,
Carolyn S . Hesse
David T. Ballard
Barnes & Thornburg LLP
One North Wacker Drive
Suite 4400
Chicago, Illinois 60606
(312) 357-1313
B
PCB 06-52
(UST Appeal)
NOTICE OF FILING
Knapp Oil Company, Don's 66
PolSTATE
lution
Control
OF
ILLINOIS
Boa
IThis filing submitted on recycled paper as defined in
35 Ill. Adm. code 101 .2021
PROOF OF SERVICE
I, the undersigned, a non-attorney, certify, under penalties pursuant to 735 ILCS 5/1-109,
that I caused to be served the attached
NOTICE OF FILING
and PETITIONER'S MOTION
FOR EXTENSION OF TIME TO FILE RESPONSE IN OPPOSITION TO MOTION
FOR SUMMARY JUDGMENT,
via U .S . Mail, this 4th day of October, 2006, upon the
following :
Melanie A. Jarvis
Assistant Counsel
Division of Legal Counsel
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
CHDS01 DTR 358632v1
IThis filing submitted on recycled paper as defined in 35 Ill
. Adm . code 101 .2021
2
BEFORE THE POLLUTION CONTROL BOARD
RERK'SpVI
ED
OF THE STATE
OF ILLINOIS
OCT 0 4
2006
KNAPP OIL COMPANY,
)
DON'S
66,
STATE OF
ILLINOIS
)
Pollution
Control Board
Petitioner,
)
v .
)
PCB 06-52
(UST Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent .
)
PETITIONER'S MOTION FOR EXTENSION OF TIME TO FILE RESPONSE IN
OPPOSITION TO MOTION FOR SUMMARY JUDGMENT
Petitioner, Knapp Oil Company ("Knapp"), by its counsel Barnes & Thornburg, LLP, and
pursuant to 35 III . Adm . Code 101
.516(a), moves the Board for an extension of time to file its
Response in Opposition to the Illinois Environmental Protection Agency's ("IEPA") Motion for
Summary Judgment
. In support of its Motion, Knapp states as follows
:
1 .
On October 17, 2005, Knapp filed a Petition for Review of Illinois Environmental
Protection Agency Decision based on IEPA's rejection of a High Priority Corrective Action Plan
and Budget on September 21, 2005 .
2.
On September 21, 2006, IEPA filed a Motion for Summary Judgment, seeking
that the Board affirm IEPA's decision . According to 35 III
. Adm. Code 101 .516(a), Knapp's
response to IEPA's Motion is due by October 5, 2006 .
3 .
Due to the fact that an affant of Knapp's will be out of the country from October
2, 2006 to October 23, 2006, Knapp will need an extension of time to secure his affidavit to
respond adequately to IEPA's Motion for Summary Judgment
.
4 .
IEPA agrees to the extension of time sought in this Motion
.
IThis
filing submitted on recycled paper as defined in 35 111 .
Adm . Code 101.2021
WHEREFOROE, Knapp Oil Company requests that the Board grant this Motion, allow
Knapp an additional twenty-eight (28) days to file its Response in Opposition to IEPA's Motion
for Summary Judgment up to and including November 2, 2006, and grant all relief it deems fair
and just.
Respectfully submitted,
Knapp Oil Company, Don's 66
By
:
One of Its Attorneys
Carolyn S . Hesse
David T. Ballard
Barnes & Thornburg LLP
One North Wacker Drive
Suite 4400
Chicago, Illinois 60606
(312) 357-1313
CHDSO) D111358265vl
IThis filing submitted on recycled paper as defined in 35 III
. Adm . Code 101
.2021
2
