RECE~VED~
BEFORE THE
CLERK’S OFFICE
ILLINOIS POLLUTION CONTROL BOARD
JUL
7
2003
Sd
ILLINOIS SERVICES, INC.,
)
STATE OF
ILLINOIS
)
Pollution
Control Bocird
Petitioner,
)
PCB-04-01
V•
(UST
Review)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
)
NOTICE OF
MOTION
To:
See Attached Service
List
PLEASE
TAKE NOTICE that on July
7, 2003, we filed with the Clerk of the
Illinois
Pollution Control Board,
100 West Randolph Street, James
R.
Thompson Center Suite
11-500,
Chicago,
Illinois,
60601 -321 8, an original and nine (9) copies of
MOTION TO
STRIKE PORTIONS OF THE
PETITION FOR REVIEW AND HEARING; a copy of said
Motion is attached hereto and hereby served upon you.
SCI
ILLINOIS SERVICES, INC.
Andrew H.
Perellis
Lorena
S.
Neal
SEYFARTH SHAW
55 East Monroe Street
Suite 4200
Chicago,
Illinois 60603
(312) 346-8000
One of Its
ieys
CMI
10544071.1
THIS FILING MADE ON RECYCLED PAPER
-2-
AFFIDAVIT OF SERVICE
The undersigned,
an attorney, states that he caused a copy of the attached:
(i)
MOTION
TO STRIKE PORTIONS OF
THE
PETITION FOR REVIEW AND
HEARING, and,
(ii)
NOTICE OF
MOTION,
to be served
upon the following by Certified Mail, Return Receipt Requested,
from
55
East Monroe
St.,
Chicago,
Illinois
60603, this 7th day of July, 2003:
Division of Legal Counsel
Illinois Environmental Protection Agency
1021
North GrandAvenue East
P.O.
Box19276
Springfield,
Illinois 62794-9276
And~~Ili
SUBSCRI~EDTO AND SWORN
BEFORE ME
THIS~L(~L
DAY OF JULY, 2003
N
ARY PUBLIC
OFFICIAL. SEAL
JANET
M. POLACEK
NOTARY PUBLIC, STATEOF
ILLINOIS
MY
COMMISSION EXPIRES
3-27-2004
Clii
10544071.1
BEFORE
THE
ILLINOIS POLLUTION CONTROL BOARD
$7
SCI ILLINOIS SERVICES,
INC.,
)
STATE OF
11~oard
)
pollution Con
Petitioner,
)
PCB-04-01
V•
(UST Review)
ILLINOIS
ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
)
MOTION
TO STRIKE PORTIONS OF THE
PETITION FOR REVIEW AND HEARING
Petitioner, SCI Illinois
Services, Inc.,
by its attorneys,
SEYFARTH SHAW,
moves to
strike portions of its
Petition for Review and Hearing (“Petition”) filed July 1, 2003,
and in
support thereof states:
1.
The Petition as filed sought
review of:
(a) the May 27, 2003 decision of the
Illinois Environmental Protection Agency (“Illinois EPA” or “Agency”) to reject
Petitioner’s Site Classification Completion
Report, and (b) the
June 11, 2003 decision of
the Agency to deny reimbursement in the amount of $29,611.60.
2.
On July 2, 2003, following a discussion with the Clerk’s office, Petitioner
filed a separate appeal of the Agency’s June
11
decision denying reimbursement. That
appeal has been docketed as PCB 04-3.
3.
Accordingly, Petitioner now seeks to limit
the appeal
in the
instant
proceeding,
PCB 04-01, to review of the May 27, 2003 decision of the Illinois
EPA to
reject Petitioner’s Site Classification Completion Report.
Clii
10544071.1
THIS FILING MADE ON RECYCLED PAPER
-2-
WHEREFORE,
Petitioner moves to strike:
a.
Paragraph 4 of the
Petition,
b.
Subsections d.
and e. from the Petition’s prayer for relief, and
c.
Exhibit B attached to the
Petition.
Respectfully submitted,
SCI ILLINOIS SERVICES,
INC.
By_______
One of Its Attorne~
Andrew H.
Perellis
Lorena S.
Neal
SEYFARTH SHAW
55
E. Monroe St., Suite 4200
Chicago,
Illinois 60603
(312)346-8000
CH1
10544071.1