BEFORE THE POLLUTION
CONTROL BOARD
OF THE STATE OF ILLINOIS
McLEAN COUNTY SCHOOL
DISTRICT
NO.5,
ILLINOIS
ENVIRONMENTAL
PROTECTION AGENCY,
DorothyM. Gunn, Clerk
illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, IL 60601
Steven D. Mahrt
Corporation Counsel
Town of
Normal
100 EastPhoenix Avenue
P.O. Box
589
Normal, IL
61761
Petitioner,
Respondent.
)
)
)
)
)
)
)
NOTICE
V.
RECE!IVED
CLF.R1’S
QPTYf~
NOV
102003
STATE
OF IWNOIS
Pollution
Control Board
PCB No. 04-64
(Water Well Setback Exception)
Diana M. Jagiella
Howard & Howard Attorneys, P.C.
One Technology Plaza
Suite 600
211
Fulton Street
Peoria, IL
61603-1350
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,
copies
of which are
herewith served upon you.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Respondent
istáht Counsel
Special Assistant Attorney General
Division of Legal Counsel
1021
North Grand Avenue, East
P.O. Box
19276
Springfield, fllinois 62794-9276
217/782-5544
217/782-9143
(TDD)
Dated: November 7, 2003
RECE1~VED
CLERIcS
OFFiCE
BEFORE THE POLLUTION
CONTROL BOARD
NOV
10
OF THE
STATE OF ILLINOIS
2003
STATE OF IWNOIS
McLEAN
COUNTY SCHOOL
)
Pollution
Control
Board
DISTRICT NO.5,
)
Petitioner,
)
v.
)
PCB No. 04-64
ILLINOIS ENVIRONMENTAL
)
(Water Well Setback Exception)
PROTECTION AGENCY,
)
Respondent.
)
APPEARANCE
The undersigned,
as one of its
attorneys, hereby enters his
Appearance on
behalf of the
Respondent, the Illinois Environmental Protection Agency.
Respectfully submitted,
INO~IR0NMENTAL~OTECTbONAGENCY,
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: November 7, 2003
This filing submitted on recycled paper.
CLERM~QJ’f?fr~j~
BEFORE THE POLLUTION CONTROL BOARD
i
0
200
OF THE STATE OF ILLINOIS
STATE OF ILLINOIS
McLEAN
COUNTY SCHOOL
)
Pollution Control Board
DISTRICT
NO.5,
)
Petitioner,
)
v.
)
PCB No. 04-64
ILLINOIS ENVIRONMENTAL
)
(Water Well Setback Exception)
PROTECTION AGENCY,
)
Respondent.
)
MOTION FOR EXTENSION OF TIME
NOW
COMES the Respondent,
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, 101.522,
and
106.306, hereby requests that
the Illinois Pollution
Control Board
(“Board”) waive
the normal
filing
requirements of 35
Ill.
Adm.
Code
106.306
and
grant the
Illinois
EPA
an
extension of time within which
to
file
a
response to the Petition filed by the Petitioner.
In support of this motion, the Illinois EPA states
as follows:
1.
The
Petitioner,
McLean
County
School
District
No.
5,
filed
its
Petition
on
October
17,
2003.
Pursuant to
35
Ill.
Adm. Code
106.306, the Illinois EPA may file a response
to
the Petition
within twenty-one (21)
days
after the
filing of the
Petition.
Accordingly,
the
response, if filed, is
due to be filed on or before November 7, 2003.
2.
Following the filing ofthe Petition, the Petitioner and the Illinois EPA have been
in discussions regarding the merits ofthe requested relief.
The parties believe it may be possible
that
an
understanding
can be
reached
that
would
obviate
the
need for this
matter to
proceed
further.
However, a short amount of time is still needed to conclude those discussions.
1
3.
In the interest of hopefully economizing the
expenditure
of the
parties’
and the
Board’s resources,
the Illinois
EPA seeks
a
one
week
extension of time
by
which
to
file its
response, if it so chooses.
4.
The Petitioner will
not
be
prejudiced if this
extension
is
granted
since it is
an
active participant
in the
afore-mentioned
discussions and is
interested in
reaching
an
amicable
resolution ifpossible.
WhEREFORE,
for
the
reasons
stated
above,
the
Illinois
EPA
hereby
respectfully
requests that the Board grant the Illinois EPA a one week extension oftime to
file the a response
to the Petition in this matter.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
John
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: November 7, 2003
This filing submitted on recycled paper.
2
CERTIFICATE OF SERVICE
I, the undersigned attorney at law, hereby certify that on November 7,
2003, I served true
and
correct
copies
of
an
APPEARANCE
and
MOTION
FOR
EXTENSION
OF
TIME,
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
Diana M. Jagiella
illinois Pollution Control Board
Howard & HowardAttorneys, P.C.
James R. Thompson Center
One Technology Plaza
100 West Randolph Street
Suite 600
Suite 11-500
211 Fulton Street
Chicago, IL 60601
Peoria, IL
61603-1350
Steven D. Mahrt
Corporation Counsel
Town of
Normal
100 East Phoenix Avenue
P.O. Box
589
Normal, IL
61761
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Resp
t
Jo
J. Kim
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)