BEFORE THE ILLINOIS POLLUTION
CONTROL
BOARD
PEOPLE OF THE STATE OF ILLINOIS, )
Complainant,
)
)
J. McDANIEL, INC. an Illinois corporation,)
Respondent.
Ms. Dorothy M. Gunn
Clerk of the Board
Illinois Pollution Control Board
100
West
Randolph
Street
Suite 11-500
Chicago, Illinois 60601
(VIA ELECTRONIC MAIL)
)
)
NOTICE OF FILING
TO:
PCB No. 05-110
(Enforcement - Water)
Carol Webb,
Esq.
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
Post
Office
Box 19274
Springfield, Illinois 62794-9274
(VIA FIRST CLASS
MAIL)
(SEE PERSONS
ON ATTACHED SERVICE LIST)
P LEASE TAKE NOTICE that I have today filed with the Office of the
Clerk
of
the
Illinois
Pollution Control Board a MOTION FOR EXTENSION OF TIME, copy
of which are herewith served
upon
you.
Respectfully submitted,
Dated: December 15, 2005
Edward W. Dwyer
HODGE DWYER ZEMAN
3150
Roland Avenue
Post Office Box 5776
Springfield, Illinois 62705-5776
(217)
523-4900
Respondent,
L, INC.,
By:/s/ Edward
W.
Dwyer
Edward W. Dwyer
THIS
FILING SUBMITTED ON RECYCLED PAPER
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 15, 205
CERTIFICATE OF SERVICE
I, Edward W. Dwyer, the undersigned, certify that I have served
the attached
MOTION FOR
EXTENSION OF TIME upon:
Ms. Dorothy M. Gunn
Clerk of the Board
Illinois Pollution
Control Board
100 West Randolph
Street
Suite 11-500
Chicago, Illinois 60601
via electronic
mail on December 15, 2005; and upon:
C arol Webb, Esq.
Hearing Officer
Illinois
Pollution Control Board
1021 North Grand Avenue East
Post Office Box 19274
Springfield, Illinois 62794-9274
Javonna Homan,
Esq.
Office of the Attorney
General
ronmental Bureau
500 South Second Street
Springfield, Illinois 62706
by depositing said documents in
the United States Mail in Springfield, Illinois, postage
prepaid, on December 15, 2005.
By:/s/ Edward W. Dwyer
Edward W. Dwyer
E CSI:001/Fil/NOF and COS - MET4
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 15, 205
BEFORE THE ILLINOIS POLLUTION
CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS, )
Complainant,
)
v.
)
PCB No.
05-11.
(Enforcement - Water)
J. McDANIEL, INC.
an
Illinois
corporation,)
Respondent.
)
OTION FOR EXTENSION OF TI
NOW COMES Respondent,
J.
McDANIEL, INC.
("J. McDaniel"), by its
attorneys, HODGE DWYER ZEMAN, and requests that the Illinois Pollution Control
Board (`Board'") enter an Order granting
J.
McDaniel an extension
of
time for
fourteen
(14) days, to and including December 29, 2005, in which to file Answer or other
responsive pleading in the above-captioned matter. In support
of this Motion, J.
McDaniel states as follows;
1.
On Dece
filed a Complaint
(d) of the Illinois
5/12(x) and (d).
er 14, 2004, the People of the State of Illinois ("the State")
he above-captioned matter, alleging violations of
Sections
12(a) and
ironmental Protection Act regarding water pollution. 415 ILCS
2.
Pursuant to a telephone status conference held on
January
27, 2005, with
the Complainant, Respondent and the Hearing Officer, Respondent was granted an
extension until March 22, 2005, to file an Answer.
3.
The law firm of HODGE DWYER ZEMAN was retained by J. McDaniel
to represent it in the above-cap
January 25, 2005.
and filed its entry of appearance on
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 15, 205
4.
On November 15, 2005, the Hearing Officer ordered Respondent to file an
Answer
by December 15,
2005.
5.
Over the last several months, the parties have engaged in good faith
settlement negotiations. While negotiations continue, the parties have agreed that it may
be appropriate for Respondent to file its Answer or other responsive pleading.
6.
While settlement negotiations continue, counsel is requesting an extension
of time for fourteen (14) days, or until December 29, 2005, so that Respondent can file its
Answer or other responsive pleading.
7.
Counsel
for Respondent contacted counsel for Complainant and was
advised that counsel for Complainant has no objection to this Motion.
WHEREFORE, Respondent, J. MCDANIEL,
INC., respectfully requests
that
the
Illinois Pollution Control Board enter an Order granting its request for an extension of
fourteen (14) days, to and including December 29, 2005, in which to file its
Answer or other responsive pleading to Complainant's Complaint.
Respectfully submitted,
J.
MCDANIEL, INC.,
Respondent,
By:/s/ Edward W. Dwyer
Edward W. Dwyer
Dated: December 15, 2005
Edward W.
Dwyer
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois 62705-5776
(217) 523-4900
E CSI:001/Fil/Motion for Extension4
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 15, 205