ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY.
NOTICE
PCB No.
03-54
PCB No.
03-56
PCB No. 03-105
PCB No. 03-179
PCB No. 04-02
(LUST Fund/UST Appeal)
(Consolidated)
Dorothy M. Gunn, Clerk
flhinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, IL 60601
Carol Webb, Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue, East
P.O .Box 19274
Springfield, IL 62794-9274
Diana M. Jagiella
Howard & Howard
One Technology Plaza
Suite 600
211 Fulton Street
Peoria, IL 61602-1350
PLEASE TAKE NOTICE that I have today filed with the office of the Clerk of the Pollution
Control Board a MOTION FOR CONTINUANCE AND EXTENSION OF TIME, copies of which are
herewith served upon you.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Assistant Counsel
Special Assistant Attorney General
Division of Legal Counsel
1021 North Grand Avenue, East
P.O. Box 19276
Springfield, fllinois 62794-9276
217/782-5544
217/782-9143 (TDD)
Dated: March 29, 2005
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
FREEDOM
OIL COMPANY,
)
Petitioner,
V.
CLERK~S
OFFIcE
STATE
MAR31
OF ILLINOIS
2005
)
Poiiut~0~0°fltrolBoard
)
)
)
)
)
)
)
Respondent.
)
BEFORE THE POLLUTION CONTROL BOARD
CLERK’S OFF!~E~
OF THE STATE OF ILLINOIS
MAR 3 12005
FREEDOM
OIL COMPANY
)
AT
)
PCB No.
03-54
POllutfon
Control Board
Petitioner,
)
PCB No.
03-56
)
PCBNo.03-105
v.
)
PCB No. 03-179
)
PCB No. 04-02
ILLINOIS ENVIRONMENTAL
)
(LUST Fund/UST Appeal)
PROTECTION AGENCY,
)
(Consolidated)
)
Respondent.
)
MOTION FOR CONTINUANCE OF
HEARING AND
FOR EXTENSION OF TIME TO
RILE
RECORDS
AND
RESPONSES
NOW COMES the Respondent, the Illinois Environmental Protection Agency (“Illinois
EPA”), by one ofits attorneys, John J. Kim, Assistant Counsel and Special Assistant Attorney
General, and, pursuant to 35 Ill. Adm. Code 101.500, 101.502, and 101.522, hereby requests that~
the Hearing Officer assigned to these appeals by the Illinois Pollution Control Board (“Board”)
grant a continuance ofthe date presently set for ~ hearing in the above consolidated matters and
an extension of time for filing the related administrative records and discovery responses. In
support ofthis motion, the Illinois EPA states as follows:
1.
The Petitioner, Freedom Oil Company (“Freedom Oil”), filed appeals of
numerous final decisions issued by the Illinois EPA. The cases are described above and were
previously consolidated by the Board. The appeals are all subject to an open waiver of the
decision deadline.
2.
On February 25, 2005, the Hearing Officer assigned to these appeals issued an
order setting the date for hearing on April 6, 2005.
3.
The Respondent has yet to file the administrative records in the above appeals, as
well as respond to discovery requests filed by the Petitioner. Counsel for the Illinois EPA has
1
been working to complete those tasks, and has been in contact with counsel for Freedom Oil in
the interim. However, counsel for the Illinois EPA has just returned from a two week period of
family (paternity) leave, and no work product was generated during that time. Prior to taking the
period of leave, counsel for the Illinois EPA was also unexpectedly tasked with additional
responsibilities unrelated to these pending appeals, taking up flfrther time that would have
otherwise been spent finalizing the administrative records and discovery responses.
4.
The Illinois EPA and Freedom Oil have been discussing, and will hopefully
continue to discuss, every possible option for amicably resolving this case or, in the alternative,
narrowing the issues for the Board’s review. In short, the time up to the date of this filing has
not been without effort on the part ofthe Illinois EPA and Freedom Oil in terms ofdiscussing the
issues on appeal. The Illinois EPA notes that Freedom Oil is not joining in this motion.
5.
To allow for sufficient time forFreedom Oil to review the administrative records,
and possibly to allow the parties time to exhaust any remaining possibilities for settlement, the
Illinois EPA asks that the hearing in this matter be continued for a period of time no less than
thirty (30) days from the current scheduled hearing date ofApril 6, 2005.
6.
Further, the Illinois EPA asks that the Hearing Officer grant an additional
extension of time to allow for the filing ofthe administrative records and discovery responses no
later than April 1, 2005.
7.
The Illinois EPA recognizes that these requests will further delay the ultimate
resolution ofthese appeals. However, the relative short nature of the requested continuance and
extension, along with the legitimate (though unfortunate) circumstances leading to these
requests, should provide the Hearing Officer with sufficient grounds for granting the relief
2
requested. And, as noted above, the additional time may allow the parties further opportunity to
explore any remaining options for settlement.
WHEREFORE, for the reasons stated above, the Illinois EPA hereby respectfully
requests that the Hearing Officer grant a continuance ofthe hearing date of a period of time no
less than thirty (30) days from April
6,
2005, and an extension oftimö to file the administrative
records and discovery responses related to these appeals.
Respectfully submitted,
~INENVIR~~TA~ROTECTION
AGENCY,
Assistant Counsel
Special Assistant Attorney General
Division ofLegal Counsel
1021 North Grand Avenue, East
P.O. Box 19276
Springfield, Illinois 62794-9276
217/782-5544
217/782-9143 (TDD)
Dated: March 29, 2005
This filing submitted on recycled paper.
3
CERTIFICATE OF SERVICE
I, the undersigned attorney at law, hereby certify that on March 29, 2005, I served true
and correct copies of a MOTION FOR CONTINUANCE AND EXTENSION OF TIME, by
placing true and correct copies 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
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, IL 60601
Carol Webb, Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue, East
P.O .Box 19274
Springfield, IL 62794-9274
Diana M. Jagiella
Howard & Howard
OneTechnology Plaza
Suite 600
211 Fulton Street
Peoria, IL 61602-1350
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
,.Kim
Assistant Counsel
Special Assistant Attorney General
Division ofLegal Counsel
1021 North Grand Avenue, East
P.O. Box 19276
Springfield, Illinois 62794-9276
217/782-5544
217/782-9143 (TDD)
