BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
)
)
)
)
)
)
)
)
PCB
05-55
)
(Permit Appeal-NPDES)
)
)
)
)
)
RECEIVED
CLERK’S OFFICE
OCT~-42004
STATE OF ILUNOIS
Pollution Control Board
TO:
See Attached Service List
NOTICE OF FILING
PLEASE TAKE NOTICE that I have today filedwith the Office ofthe ClerkofthePollution
Control
Board
an
original
and
nine
(9) copies of the APPEARANCES
AND
MOTION
TO
POSTPOSE FILING
RECORD ofthe Illinois Environmental Protection Agency, acopy ofwhich
is herewith served upon you.
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
By:
Division ofLegal Counsel
Dated:
September 30, 2004
Illinois Environmental Protection
Agency
1021
North Grand Avenue East
Springfield, Illinois 62794-9276
(217)
782-5544
VILLAGE OF
LAKE BARRINGTON
CUBA TOWNSHIP, PRAIRIE RIVERS
NETWORK, SIERRA CLUB,
BETH
WENTZEL and
CYNTHIA SKRUKRUD
Petitioners,
V
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY and
VILLAGE OF WAUCONDA
Respondents.
Counsel
THIS FILING PRINTED ON
RECYCLED PAPER
BEFORE
THE ILLINOIS POLLUTION CONTROL BOARD
VILLAGE OF
LAKE BARRINGTON
)
RECEIVED
CUBA TOWNSHIP, PRAIRIE RIVERS
)
CLERK’S
OFFICE
NETWORK, SIERRA CLUB, BETH
)
o
WENTZEL and CYNTHIA SKRUKRUD
)
-
2004
STATE OF ILLINOIS
Petitioners,
)
Pollution Control Board
)
v.
)
PCB
05-55
)
(Permit Appeal-NPDES)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY and
)
VILLAGE OF WAUCONDA
)
)
Respondents.
)
MOTION TO
POSTPONE
FILING RECORD
NOW COMES the Respondent, ILLINOIS ENVIRONMENTALPROTECTIONAGENCY
(“Illinois
EPA”),
through one of its
attorneys, James
Allen Day, respectfully moves
the Illinois
Pollution Control Board (“Illinois PCB” or “Board”) to postpone the filing date forthe Illinois EPA
record in this case.
In support thereofthe Illinois EPA states as follows:
1.
Village of Lake Barrington, Cuba Township, Prairie Rivers Network, Sierra Club,
Beth Wentzel
and
Cynthia
Skrukrud
(“Petitioners”) filed this
National Pollutant
Discharge
Elimination
System
(“NPDES”)
Permit
Appeal
with
the
Board
on
September 17, 2004.
2.
The Illinois EPA received the Petitioner’s petition on
September 20, 2004.
3.
The Pollution Control Board has received two other third-party appeals involving the
same permit (docket numbers
PCB
05-58
and PCB
05-59).
4.
Pursuant to 35 Ill. Adm. Code 105.212(a)
the Illinois EPA must file its entire record
of its decision with the Clerk
in accordance with 35
Ill. Adm. Code
105.116.
5.
Pursuant to 35
Ill. Adm. Code 105.116,
the Illinois EPA must file with theBoard the
entire record ofits decision within 30 days after the filing ofthe petition for review.
Thus,
the record-filing deadline in this matter is October 17, 2004.
6.
Pursuant to
35 Ill. Adm. Code 105.116 the Illinois EPA may seek additional time to
file the record by filing a request forextension before the date on which the record is
due to be filed.
7.
Pursuant to 35
III. Adm. Code
10 1.522 the Board, forgood cause shown on a motion
after notice
to
the opposite party, may extend the time for filing any document or
doing any act which is required by these rules
to be
done within a limited
period,
either before or after the expiration oftime.
8.
Due to
the pre-existing
obligations of the Illinois EPA attorneys assigned
to
this
matter, the unusually large volume ofdocuments expected to comprise the record,
the number of parties
to
whom
copies of the record must be
distributed
and
the
unexpected unavailability ofa key memberofthe Illinois EPA legal support
staff, the
Illinois EPA cannot reasonable meet the October 17, 2004 deadline for filing ofthe
record in this matter.
Therefore, the Illinois EPA moves the Illinois PCB to
extend the time offiling the Agency
record until December
17, 2004.
Respectfully Submitted,
ILLINOIS ENVIRONMENTAL PROTECTIONAGENCY
James Allen Day
Assistant Counsel
Division ofLegal
Counsel
DATED:
September 30, 2004
Illinois Environmental Protection Agency
1021
North Grand Avenue East
Post Office Box
19276
Springfield, Illinois 62794-9276
(217) 782-5544
PRINTED ON
RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
VILLAGE OF LAKE BARRINGTON
)
CUBA TOWNSHIP, PRAIRIE RIVERS
)
CLERK’S OFFICE
NET WOkK, SIERRA CLUB, BETH
)
WENTZEL and CYNTHIA SKRUKRUD
)
OCT -4
2004
Petitioners,
)
P~t1~~
v.
)
PCB
05-55
)
(Permit Appeal-NPDES)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY and
)
VILLAGE OF WAUCONDA
)
)
Respondents.
)
APPEARANCE
The undersigned, as one ofits
attorneys, hereby enters an
APPEARANCE
on behalfofthe
Respondent, Illinois Environmental Protection Agency.
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
By:
_____
J~e/Allen Day
As’~’stant
Counsel
Division of Legal Counsel
Dated:
September 30, 2004
Illinois Environmental Protection Agency
1021
North Grand Avenue East
Springfield, Illinois 62794-9276
(217) 782-5544
THIS FILING PRINTED
ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL
BOARD
VILLAGE OF LAKE BARRINGTON
)
RECEIVED
CUBA TOWNSHIP, PRAIRIE RIVERS
)
CLERK’S OFFICE
NETWORK, SIERRA CLUB,
BETH
)
WENTZEL and CYNTHIA SKRUKRUD
)
OCT
4
2004
STATE OF
ILUNOIS
Petitioners,
)
Pollution Comro~
t~oarc~
)
v.
)
PCB
05-55
)
(Permit Appeal-NPDES)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY and
)
VILLAGE OF WAUCONDA
)
)
Respondents.
)
APPEARANCE
The undersigned, as one of its attorneys, herebyenters an APPEARANCE on behalfofthe
Respondent, Illinois Environmental Protection Agency.
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
By:
____________________________
Sanjay Kumar Sofat
Assistant Counsel
Division ofLegal Counsel
Dated:
September 30, 2004
Illinois Environmental Protection Agency
1021
North Grand Avenue East
Springfield, Illinois 62794-9276
(217) 782-5544
THIS FILING PRINTED ON
RECYCLED PAPER
STATE OF ILLINOIS
)
COUNTY OF SANGAMON
)
)
SS
PROOF OF SERVICE
I, the undersigned, on oath state that I have served the attached
NOTICE
OF FILING,
APPEARANCES,
and
MOTION TO POSTPONE FILING RECORD
upon the persons to
whom those documents are directed, by placing copies in
an envelope
addressed to:
Dorothy Gunn, Clerk
Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, IL 60601
Percy L. Angelo
Russell R. Eggert
Kevin G. Desharnais
Mayer, Brown, Rowe & Maw, LLP
190 South LaSalle Street
Chicago, Illinois 60603
and mailing it from Springfield, Illinois
on September 30, 2004 with sufficient postage affixed
for first class mail.
SUBSCRIBED AND SWORN BEFORE
ME
THIS
30TH
DAY OF SEPTEMBER, 2004.
J~,/AllenDay
OFFICIAL
SEAL
PENNY J. TINDER
NOTARY PUBLIC,
STATE OF
ILUNOIS
..
t
MY COMMISSION EXPIRES 32.2001
i
ni~
FILING PRINTED ON
RECYCLED PAPER
