BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
APR 18 2005
)
PCB No.
03-54
)
PCB No.
03-56
)
PCB No. 03-105
)
PCB No. 03-179
)
PCB No. 04-02
)
(LUST Fund/LIST Appeal)
)
(Consolidated)
)
Respondent.
)
Dorothy M. Gunn, Clerk
Diana M. Jagiella
Illinois Pollution Control Board
Howard & Howard
James R. Thompson Center
One Technology Plaza
100 West Randolph Street
Suite 600
Suite 11-500
211 Fulton Street
Chicago, IL 60601
Peoria, IL 61602-1350
Carol Webb, Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue, East
P.O .Box 19274
Springfield, IL 62794-9274
PLEASE TAKE NOTICE that I have today filed with the office of the Clerk of the Pollution
Control Board a MOTION FOR EXTENSION OF TIME, copies of which are herewith served upon you.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Respondent
~i~wpAssistant
Couns
L~
(J
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: April 14, 2005
FREEDOM OIL COMPANY,
)
Petitioner,
V.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
STATE OF ILLINOIS
Pollution Control Board
NOTICE
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
CLERK’S
OFF,c~FP
FREEDOM OIL COMPANY,
)
APR
182005
)
PCB No.
03-54
s
Petitioner,
)
PCB No. 03-56
PoII~~~
)
PCB No. 03-105
)
PCB No. 03-179
)
PCB No. 04-02
ILLINOIS ENVIRONMENTAL
)
(LUST Fund/LIST Appeal)
PROTECTION AGENCY,
)
(Consolidated)
)
Respondent.
)
MOTION FOR EXTENSION OF TIME
NOW COMES the Respondent, the Illinois Environmental Protection Agency (“Illinois
EPA”), by one of its attorneys, John J. Kim, Assistant Counsel and Special Assistant Attorney
General, and hereby requests that the Illinois Pollution Control Board (“Board”) grant the Illinois
EPA an extension of time to file a response to the Petitioner’s Motion for Summary Judgment
(“Petitioner’s motion”). In support ofthis motion, the Illinois EPA states as follows:
1.
On March 31, 2005, the Illinois EPA received service of the Petitioner’s motion.
Pursuant to Section 101.500(d) of the Board’s procedural rules
(35
Ill. Adm. Code 101.500(d)),
the Illinois EPA’s response to the Petitioner’s motion is due on or before April 14, 2005.
2.
Due to the undersigned attorney’s handling over the past several days of several
other matters (leading to settlements and, in one case, allowing the parties and the Board to avoid
a hearing scheduled for April
15,
2005), along with a family illness, the Illinois EPA will not
able to prepare and file its response by that date.
3.
The Illinois EPA is thus seeking a short extension of time by which to file a
response to the Petitioner’s motion, specifically, until April 19, 2005. This short delay is less
than one week and should not prejudice the Petitioner or Board.
I
WHEREFORE, for the reasons stated above, the Illinois EPA hereby respectfully
requests that the Board grant the Illinois EPA an extension oftime until April 19, 2005, to file a
response to the Petitioner’s motion.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Respondent
JdijnJ. Kim
Assistant
Special Assistant Attorney
Division ofLegal Counsel
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
217/782-5544
P217/782-9143 (TDD)
Dated: April 14, 2005
This filing submitted on recycled paper.
2
CERTIFICATE OF SERVICE
I, the undersigned attorney at law, hereby certify that on April 14, 2005, I served true and
correct copies ofa MOTION FOR 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
~l021North 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
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Respondent
J.Ki.
Assistant Counsel
Special Assistant Aftorne~General
Division ofLegal Counsel
1021 North Grand Avenue, East
P.O. Box 19276
Springfield, Illinois 62794-9276
217/782-5544
217/782-9143 (TDD)
