VILLAGE OF ROBB1NS and
)
ALLIED WASTE
TRANSPORTATION, INC.,
Petitioner,
)
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Dorothy M. Gunn, Clerk
illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, IL 60601
Charles F. Helsten
Hinshaw & Culbertson
100 Park Avenue
P.O. Box 1389
Rockford, IL
61105-1389
LERK’S OFFICE
MAY
132004
STATE OF ILLINOIS
POIIut(or~ControlBoard
BradleyP. Halloran, Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, IL 60601
PLEASE TAKE NOTICE that I have today filed with the office of the Clerk of the Pollution
Control Board an APPEARANCE and MOTION FOR EXTENSION OF TIME, copies of which are
herewith served upon you.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Respondent
Assist~ntCounsel
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: May 10, 2004
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
)
)
V.
)
)
)
)
PCB No. 04-48
(Permit Appeal)
Respondent.
NOTICE
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
VILLAGE OF ROBBINS and
ALLIED WASTE
TRANSPORTATION, INC.,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
V.
Petitioner,
Respondent.
)
)
)
)
)
PCB No. 04-48
)
(Permit Appeal)
)
)
RECE~VE D
CLERK’S OFFICE
MAY 132004
STATE OF ILLINOIS
Pollution Control Board
APPEARANCE
The undersigned, as one of its attorneys, hereby enters his Appearance on behalf of the
Respondent, the Illinois Environmental Protection Agency.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
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: May 10, 2004
John~LKim
Assistant Counsel
This filing submitted on recycled paper.
RECE~VEDCLERK’S
OFFICE
BEFORE THE POLLUTION CONTROL
BOARD
OF THE STATE OF ILLINOIS
MAY 132004
VILLAGE OF ROBBINS
and
)
Poilt
ALLIED WASTE
)
TRANSPORTATION, INC.,
)
Petitioner,
)
v.
)
PCB No. 04-48
ILLINOIS ENVIRONMENTAL
)
(Permit Appeal)
PROTECTION AGENCY,
)
Respondent.
)
MOTION FOR EXTENSION OF TIME TO FILE RESPONSE
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, pursuant to 35 Ill. Adm. Code 101.500, 101.516 and 101.522, hereby requests that
the Illinois Pollution Control Board (“Board”) waive the normal filing requirements of 35 Ill.
Adm. Code 101.5 16(a) and grant the Illinois EPA an extension of time within which to file a
response to the Petitioners’ motion for summary judgment. In support ofthis motion, the Illinois
EPA states as follows:
1.
The Petitioners, Village ofRobbins and Allied Waste Transportation, Inc., filed a
motion for summary judgment with the Board on or about April 28, 2004. By facsimile
transmission, the undersigned counsel for the Illinois EPA received service of the Petitioners’
motion on April 30, 2004. Pursuant to 35 Ill. Adm. Code
101.516(a),
a response to the motion
for summary judgment is to be filed with the Board within fourteen (14) days after the filing of
the motion. Accordingly, the response is due on or before May 14, 2004.
2.
In the time between service of the motion and the required date for filing the
response, the undersigned counsel for the Illinois EPA has been and will be expending time and
resources to prepare for and defend four depositions (in R.W. Sheridan v. Illinois EPA, PCB 03-
1
88 and 04-109 on May 7, 2004, and Wei Enterprises v. Illinois EPA, PCB 04-83 on May 14,
2004) and prepare for and participate in one hearing before the Board (in Vogue Tyre & Rubber
Company v. Illinois EPA, PCB 96-10, on May 12, 2004). These obligations, in addition to other
required case management responsibilities, will impose a great burden upon the illinois EPA to
prepare and file a response by May 14, 2004.
3.
No hearing date has been set in this matter.
4.
The illinois EPA and the Petitioners have discussed issues related to this matter
and are seeking to schedule a meeting to further these discussions in the near future. These
discussions may result in either a settlement ofthe case or a narrowing of the pertinent issues,
thereby avoiding or limiting litigation. Upon express mandate of the Board in response to this
motion, the Illinois EPA will keep the Board apprised of any settlement negotiations through
status reports or conferences as scheduled by the Board.
5.
Such discussions notwithstanding, the Illinois EPA recognizes and appreciates the
need to comply with otherwise applicable filing deadlines. Therefore, in order to comply with
the filing requirements, the Illinois EPA is seeking a two (2) week extension of time by which
the response to the motion for summary judgment is due. The new deadline for the response to
the motion for summary judgment would therefore be May 28, 2004.
WHEREFORE, for the reasons stated above, the Illinois EPA hereby respectfully
requests that the Board grant the Illinois EPA an exteilsion of time to file the response to the
motion for summary judgment to May28, 2004.
2
Respectfully submitted,
ENVIRONMENTAL PROTECTION AGENCY,
John~.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)
Dated: May 10, 2004
This filing submitted on recycled paper.
3
CERTIFICATE OF SERVICE
I, the undersigned attorney at law, hereby certify that on May 10, 2004, I served true and
correct copies of an APPEARANCE and 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
Mail postage affixed thereto, upon the following named persons:
DorothyM. Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, IL 60601
Charles F. Helsten
Hinshaw & Culbertson
100 ParkAvenue
P.O. Box 1389
Rockford, IL
61105-1389
Bradley P. Halloran, Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, IL 60601
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
~
Assistant Counsel
Special Assistant Attorney General
Division ofLegal Counsel
1021 North GrandAvenue, East
P.O. Box 19276
Springfield, Illinois 62794-9276
217/782-5544
4
217/782-9143 (TDD)