CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL
BOARD
JAN 262004
DES PLAJNES
RIVER WATERSHED ALLIANCE,
L1VABLE COMMUNITIES ALLIANCE,
PRAIRIE
RIVERS NETWORK, and SIEERA CLUB,
Petitioners,
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY and VILLAGE OF NEW LENOX,
Respondents.
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PCB 04-88
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(NPDES Permit Appeal)
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NOTICE OF FILING
Dorothy Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center, Suite 11-500
100 West Randolph Street
Chicago, IL 60601
Bradley P. Halloran
Illinois Pollution Control Board
James R. Thompson Center, Suite 11-500
100 West Randolph Street
Chicago, IL 60601
Albert F. Ettinger
Senior StaffAttorney
Environmental Law & Policy Center
35
East Wacker Drive, Suite 1300
Chicago, IL 60601
Sheila H. Deely
Gardner Carton & Douglas LLP
191 N. Wacker Drive- Suite 3700
Chicago, Illinois 60606-1698
PLEASE TAKE NOTICE that I have today filed with the Office ofthe Clerk ofthe Pollution
Control Board an original and four (4) copies the
MOTION FOR LEAVE TO AMEND
RECORD
INSTANTER and AMENDED RECORD ofthe Illinois Environmental Protection Agency, a copy of
which is herewith served upon you.
ILLINOIS ENVIRONMENTAL
TECTION AGENCY
By:
SanjayK. Sofat
Assistant Counsel
Division ofLegal Counsel
Dated: January 21,2004
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Springfield, Illinois 62794-9276
(217) 782-5544
THIS FILING PRINTED ON RECYCLED PAPER
v.
STATE OF ILLINOIS
Pofl~tIOfl Control Board
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RECE~vED
BEFORE THE ILLINOIS POLLUTION CONTROL BOA9~RKS
OFFICE
JAN 26 2004
STATE OF ILUNOIS
DES PLAINES
RIVER
WATERSHED ALLIANCE,
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Pollution
Control
Board
LIVABLE COMMUNITIES ALLIANCE,
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PRAIRIE RIVERS NETWORK, and SIEERA CLUB,
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Petitioners,
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v.
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PCB04-88
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(NPDES Permit Appeal)
ILLINOIS ENVIRONMENTAL PROTECTION
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AGENCY and VILLAGE OF NEW LENOX,
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Respondents.
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MOTION FOR LEAVE TO
AMEND RECORD INSTANTER
NOW COMES, Respondent, the Illinois Environmental Protection Agency (“Illinois EPA”
or “Agency”), by one ofits attorneys, Sanjay K. Sofat, and pursuant to 35 Ill. Adm. Code 105.2 12
and 105.116, and hereby requests that the Illinois Pollution Control Board (“Board”) grant its
motion to amend its Record instanter. In support ofthis motion, the Illinois EPA states as follows:
1.
On December 2, 2003, Petitioners, Des Plaines River Watershed Alliance, Livable
Communities Alliance, Prairie Rivers Network, and Sierra Club, filed a third party permit appeal
with the Board pursuant to 415 ILCS 5/40(e)(1) and 35 Ill. Adm. Code 105.204(b). Petitioners
appeal the issuance ofan National Pollutant Discharge Elimination System (“NPDES”) permit to
the Village ofNew Lenox on October 31, 2003, for its STP #1 in New Lenox, Illinois.
2.
Pursuant to 35 Ill. Adm. Code 105.116, the Agency Record is to be filed with the
Board within thirty (30) days afterreceipt ofthe petition. The Agency Record was timely filed with
the Board and consists ofapproximately 659 pages.
3.
On January 12, 2004, the Illinois EPA received an email from Albert Ettinger,
attorney for Petitioners, indicating that some ofthe pages in the Record were illegible.
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4.
The Agency acknowledges the error identified by Mr. Ettinger in Paragraph 3.
Further, to ensure completeness ofthe Record, the Agency has thoroughly reviewed the originally
filed Record for similar inadvertent errors. The Agency has identified twenty suchpages and
requests that these legible copies be made part ofthe originally filed Record.
5.
No prejudice will attach to Petitioners ifthe Agency is granted permission to amend
its Record, as Petitioners are already in possession of the illegible pages.
WHEREFORE, for the reasons stated above, the Illinois EPA hereby respectfully requests
that the Board accept the filing ofthis amended record instanter.
Respectfully Submitted,
ILLINOIS ENVIRONMENTALPROTECTION AGENCY
By:________________________
SanjayK. Sofat
Assistant Counsel
Division ofLegal Counsel
DATED: January21, 2004
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
THIS FILING PRINTED ON RECYCLED PAPER
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STATE OF ILLINOIS
COUNTY OF SANGAMON
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SS
PROOF OF SERVICE
I, the undersigned, on oath state that I have served the attached
MOTION FOR LEAVE
TO
AMEND
RECORD INSTATNTER
and AMENDED RECORD upon the person to whom it
is directed, by placing a copy in an envelope addressed to:
Dorothy Gunn, Clerk
Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
(FIRST CLASS MAIL)
Albert F. Ettinger
Senior Staff Attorney
Environmental Law & Policy Center
35 East Wacker Drive, Suite 1300
Chicago, IL 60601
(FIRST CLASS
MAIL)
Bradley P. Hailoran
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
(FIRST CLASS MAIL)
-
Sheila Deely
Gardner Carton & Douglas LLP
191 N. Wacker Drive
Suite 3700
Chicago, Illinois 60606-1698
(FIRST CLASS MAIL)
and mailing it from Springfield, Illinois on January 21, 2004, with sufficient postage affixed as
indicated above.
SUBSCRIBED AND SWORN TO BEFORE ME
OFFICIAL SEAL
BRENDA BOEHNER
NOTARY PUBLIC. STAth
U~
ILUN¼3I~
THIS FILING PRINTED ON
this day ofJanuary21, 2004.
Notary Public
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