BEFORE
THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
V.
DAN CADWALLADER,
DorothyM. Gunn, Clerk
illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, IL 60601
Complainant,
Respondent.
)
)
)
PCBACO3-13
)
(Administrative Citation)
)
)
NOTICE
John Gnvetti
Grivetti Law Office
Box
25
1
Wenona,IL
61377
RECE~VEL~
CLERK’S
OFFICE
DEC
1
5
2003
STATE
OF ILLINOIS
Pollution Control Board
Carol Sudman, 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
an
APPEARANCE
and
MOTION
FOR
EXTENSION
OF
TIME
TO
FILE
COMPLAINANT’S BRIEF, copies of which are herewith served upon you.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Complainant
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: December
5,
2003
RECEIVED
CLERK’S
OFFICE
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
DEC
152003
STATE OF ILLINOIS
ILLINOIS ENVIRONMENTAL
Pollution
Control Board
PROTECTION AGENCY,
)
Complainant,
)
.
PCB AC 03-13
v.
)
(Administrative Citation)
DAN CADWALLADER,
)
Respondent.
)
APPEARANCE
The undersigned, as
one of its
attorneys, hereby enters his
Appearance on
behalf ofthe
Complainant, the Illinois Environmental Protection Agency.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Compla
ant
Assistant 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: December
5,
2003
This filing submitted on recycled
paper.
RECEIVED
CLERR~SOFFICE
DEC
1
5
2003
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE
OF ILLINOIS
STATE
OF
ILLINOIS
Pollution
Control Board
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
PCB AC 03-13
v.
)
(Administrative Citation)
DAN CADWALLADER,
Respondent.
)
MOTION FOR EXTENSION OF TIME TO FILE COMPLAINANT’S BRIEF
NOW COMES the Complainant,
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
and
101.522,
hereby
requests
that
the
assigned Hearing Officer orthe Illinois Pollution Control Board (“Board”) grant the Illinois EPA
an extension of time within which to file the Complainant’s Brief.
In support
of this motion, the
Illinois EPA states as follows:
1.
On October 29,
2003,
a hearing was held in this matter during
which testimony
was taken from
witnesses
for the Complainant
and
the Respondent.
At
the conclusion of the
hearing,
the
Hearing Officer
ordered that,
pursuant
to
an
agreed upon
schedule between
the
parties, the Complainant’s brief is due on December 9,
2003,
and the Respondent’s brief is
due
on January 6, 2004.
The Complainant’s replybrief, if any, is due January
13, 2004.
2.
Special
Assistant
Attorney
General
Michelle
Ryan
has
represented
the
Complainant in this matter, including during the hearing.
3.
Ms.
Ryan will be
out of the office for an
unspecified
period of time due
to
an
illness.
4.
In order forthe Complainant to either reassign this matteror allow Ms.
Ryan time
to return to her duties, the Complainant
is requesting a two-week extension oftime on its brief.
1
5.
The Complainant
is further asking that all
other due dates set forth by the Hearing
Officer during the hearing be extended for an equal period oftime oftwo weeks.
6.
There should
be
no prejudice to
the Respondent considering the short period of
time sought in this motion.
WHEREFORE,
for
the
reasons
stated
above,
the
Illinois
EPA
hereby
respectfully
requests
that the Hearing Officer or the Board
grant the Illinois
EPA a two-week
extension of
time
to
file the Complainant’s Brief.
The Illinois
EPA further asks that
all other due
dates for
post-hearing briefs be extended for an equal period oftime.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
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: December
5,
2003
This filing submitted on
recycled paper.
2
CERTIFICATE OF SERVICE
I, the undersigned attorney at law, hereby certif~’
that on December
5,
2003, I served true
and correct copies of an APPEARANCE and MOTION FOR EXTENSION OF TIME TO FILE
COMPLAINANT’S BRIEF, 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
John Grivetti
illinois Pollution Control Board
Grivetti Law Office
James R. Thompson Center
Box 251
100 West Randolph Street
Wenona, IL
61377
Suite 11-500
Chicago, IL 60601
Carol Sudman, Hearing Officer
illinois Pollution Control Board
1021 North Grand Avenue East
P.O.
Box
19274
Springfield,
IL
62794-9274
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
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)