KIBLER DEVELOPMENT CORPORATION
and MARION RIDGE LANDFILL, INC.,
Petitioners,
V.
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Dorothy M. Gunn, Clerk
Carol Sudman, Hearing Officer
Illinois Pollution Control Board
Illinois Pollution Control Board
James R. Thompson Center
1021 North Grand Avenue, East
100 West Randolph Street
P.O. Box 19274
Suite 11-500
Springfield, IL 62794-9274
Chicago, IL 60601
Stephen F. Hedinger.
Hedinger Law Office
2601 South Fifth Street
Springfield, IL 62703
PLEASE TAKE NOTICE that I have today filed with the office of the Clerk of the
Pollution Control Board a MOTION TO EXTEND TIME TO FILE ADMiNISTRATIVE
RECORD, copies ofwhich are herewith served upon you.
Respectfully submitted,
ILLINOIS ENViRONMENTAL PROTECTION AGENCY,
Re~pondent
J4~nes
//1L’v~
M. Kropid
1~(
4ssistant 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: September 17, 2004
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
)
RECE~VED
CLERK’S OFFICE
SEP 20 200k
)
PCB No.
05-3-IATE OF ILIJNOIS
)
(Permit Appe~o1It ~)c~OntrOIBoard
Respondent.
NOTICE
This filing submitted on recycled paper.
BEFORE THE POLLUTION CONTROL BOARD
OFTHESTATEOFILLINOIS
R~C~VED
CLERK’S OFFICE
KIBLER DEVELOPMENT CORPORATION
)
r~
20200k
and MARION RIDGE LANDFILL, iNC.,
)
Petitioners,
)
STATE OF tLUNOIS
v.
)
PCBNo.0F’.~JtiOflCofltr0~Board
)
(Permit Appeal
—
Land)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
)
MOTION FOR EXTENSION OF TIME TO FILE
ADMINISTRATIVE RECORD
NOW COMES the Respondent, the Illinois Environmental Protection Agency (“Illinois
EPA”), by one of its attorneys, James M. Kropid, Assistant Counsel and Special Assistant
Attorney General, and, pursuant to 35 Ill. Adm. Code 101.500, 101.522 and 105.116, hereby
requests that the Illinois Pollution Control Board (“Board”) waive the normal filing requirements
of 35 Ill. Adm. Code 105.116 and grant the Illinois EPA an extension of time within which to
file the Administrative Record. In support ofthis motion, the Illinois EPA states as follows:
1.
The Petitioners, Kibler Development Corporation and Marion Ridge Landfill,
Inc., filed their Petition for Review of Permit Condition on August
25,
2004. On August 26,
2004, the Petitioners filed their “Exhibit A,” which was inadvertently omitted from the Petition.
Pursuant to a September 2, 2004, Board Order, the Administrative Record is to be filed with the
Board by September
25,
2004, which is thirty (30) days after the filing of their Petition. Since
that date falls on a Saturday, pursuant to
35
Ill. Adm. Code 101.300(a) the Illinois EPA
calculates that the Administrative Recordis due in this appeal on or before September 27, 2004.
2.
Due to the press ofIllinois EPA business and the physical size ofcertain portions
of this record, the assigned attorney will be unable to complete the preparation of the
Administrative Record within the time otherwise allowed.
3.
The Petitioner will not be prejudiced if this extension is granted since it is already
in possession of the great majority of documents which would constitute the Administrative
Record.
4.
No hearing date has been set in this matter.
5.
The Illinois EPA and the Petitioner may engage in negotiations which may result
in either a settlement of the case or a narrowing of the pertinent issues, thereby avoiding or
limiting litigation and the need to prepare the Administrative Record for submission to the
Board. 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.
WHEREFORE, for the reasons stated above, the illinois EPA hereby respectfully
requests that the Board grant the Illinois EPA an extension of time to file the Administrative
Record in this matter to a date not less than thirty (30) days from the date ofthe Board’s issuance
ofnotice ofa public hearing in this matter.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Respondent
/~
~1
J~nesM.Kropid
4ssistant
Counsel
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: September 17, 2004
CERTIFICATE OF SERVICE
I, the undersigned attorney at law, hereby certify that on September 17, 2004, I served
true and correct copies of a MOTION TO EXTEND TIME TO FILE ADMINISTRATIVE
RECORD, 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:
Dorothy M. Gunn, Clerk
Carol Sudman, Hearing Officer
Illinois Pollution Control Board
Illinois Pollution control Board
James R. Thompson Center
1021 North Grand Avenue, East
100 West Randolph Street
P.O. Box 19274
Suite 11-500
Springfield, IL 62794-9274
Chicago, IL 60601
Stephen F. Hedinger
Hedinger Law Office
2601 South Fifth Street
Springfield, IL 62703
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Respondent
James M. Kropid
fAssistant Counsel
I
Special Assistant Attorney General
Division of Legal Counsel
1021 NorthGrand
Avenue,
East
P.O. Box 19276
Springfield, Illinois 62794-9276
217/782-5544
217/782-9143 (TDD)
