RECE
WED
CLERK’S OFFICE
MAR
01
2004
BEFORE THE ILLINOIS POLLUTION
~
BOARD
COUNTY
OF. JACKSON,
)
Complainant,
vs.
)
AC
No.
2004-043
)
FRANK
STO1~IEMARK,
)
)
Respondent.
NOTICE
OF
FILING
OF
MOTION
TO
EXTEND
TIME
TO:
Dorothy M. Gunn, Clerk
Jackson County State’s Attorney
Illinois ?ollution Control Board
Jackson County Courthouse, 3d Floor
State ofIllinois Center
Murphysboro IL
62966
100 West Randolph Street
Suite 11-500
AflN. Daniel Brenner, Assistant
Chicago IL
6060 1-3218
State’s Attorney
PLEAS~.
TAKE NOTICE that on
the 26th day of February
2004,
the undersigned, on
behalf ofFrank Stonemark, the respondent, filed with the Office of the Clerk of the Pollution
Control Board ~e
original and four (4) copies of the
attached Motion
to
Extend Time,
a copy
of which is herewith served upon you.
Dated th~is
26th
day of February, 2004.
FRANK STONEMARK, Respondent
By
Gregory A.
é~ch,
IARDC # 2893061
Attorney for respondent
LAW OFFICES OF GREGORY A. VEACH
3200 Fishback Road
P. 0. Box
1206,
Carbondale IL
62903-1206
Telephone:
(618) 549-3132
Telecopier:
(618)
549-0956
e-mail: gveach@gregveachlaw.com
Attorney forrespondent
RECEIVED
CLERK’S OFFICE
MAR
0
12004
STATE OF ILLINOIS
BEFORE THE ILLINOIS POLLUTION
~
BOARD
COUNTY
OF~JACKSON,
)
)
Cqrnplainant,
)
vs.
)
AC
No.
2004-043
)
FRANK
STONEMARK,
)
Respondent.
MOTION
TO
EXTEND
TIME
TO
FILE
PETITION
TO
CONTEST
ADMINISTRATIVE
CITATION
NOW CpMES the respondent, Frank Stonemark, by
Gregory A. Veach, his
attorney,
and hereby moves
the Pollution Control Board, pursuant to
§
101.522
of the General Rules of
thePollution Control Board, for an
order extending
the
time within which the respondent may
file a Petition to
Contest the Administrative
Citation filed by
the
complainant, County
of
Jackson, and in
support thereofstates as follows:
1.
The complainant filedits Administrative Citation with the Pollution
Control Board
on January 29, 2004.
2.
The respondent was served with theAdministrative Citation on January 23,
2004.
3.
The last date for the respondent to
file a
Petition
to
Contest the
Administrative
Citation is Febrthiry 27, 2004.
4.
The respondent retained the undersigned on Monday, February 23, 2004.
5.
Th~undersigned has reviewed the
facts
and
circumstances of
this
matter
and
additional
time:is
necessary to
determine whether a
Petition
to
Contest the
Administrative
Citation is appropriate.
6.
The
undersigned
has communicated
with
Daniel
Brenner,
Assistant
State’s
Attorney for J~±kson
County,
the
complainant,
concerning
the Administrative Citation
and
advised Mr. Brenner that
this motion for an extension of time
would
be filed.
Mr.
Brenner
expressed no opposition.
7.
Th~èrespondent seeks an
extension of time for filing
and serving
a Petition
to
Contest the Adni~inistrativeCitation forthereason that the time to file such a petition will expire
before the undersigned has time to determine the merit of such a petition, the undersigned legal
counsel is new to this case, and discussions with the complainant by
the undersigned
cause the
undersigned to believe that a disposition of the matter that
is
in
the best interests of the parties
and the public is~possiblewithout the filing of a Petition to Contest the Administrative Citation.
8.
The respondent seeks an extension of the time for filing
and serving
a Petition to
Contest the Administrative Citation to enable such a petition to
be filed on
or before March
31,
2004.
1:
9.
Thts motion
is not made for dilatory purposes and the complainant
wifi suffer no
prejudice from ~n order extending the time for the respondent to file and
serve
a Petition
to
Contest the Administrative Citation.
10.
A proposed order extending
the
time
within which
the
respondent may
file a
Petition to Contest the Administrative Citation is attached herewith.
WHER~FORE,
the respondent requests
that the Board enter its
order extending
the
time within whièh the respondent may file a Petition to Contest the Administrative Citation so
that the same may be considered timely if filed on or before March 31, 2004.
Dated this
26th day ofFebruary, 2004.
FRANK STONEMARK, Respondent
B~
-
~
Gregory AYVWach, IARDC # 2893061
Attorney for respondent
LAW OFFICES,~OFGREGORY A. VEACH
3200 Fishback Road
P. 0.
Box l206~
Carbondale IL
62903-1206
Telephone:
(618,) 549-3132
Telecopier:
(618) 549-0956
e-mail
: gveach~gregveachlaw.com
Attorney for resppndent
DECLARATION
OF
SERVICE
BY
MAIL
I, the undersigned, declare:
I am over eighteen (18) years of age, employed in
the County of Jackson, State of
Illinois, in
which county the within mailing occurred, and not a party to the subject cause.
My business address is: 3200 Fishback Road,
P. 0.
Box
1206,
Carbondale, Illinois
62903-
1206.
I served the following document, Notice of Filing of Motion
to
Extend Time
and
Motion to Extend Time, of which true and correct copies thereof in the cause are affixed,
by
placing the oJ~ina1
and four(4) copies thereof in
an envelope addressed as follows::
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
State c~f
Illinois Center
100 West Randolph Street
Suite l~1-500
Chicago IL
60601-3218
and one (1) copy in an envelope addressed as follows:
Jackson County State’s Attorney
Jackson County Courthouse, 3d Floor
Murphysboro IL
62966
ATTN: Daniel Brenner, Assistant State’s
Attorney
Each ei~ive1opewas then sealed and with the postage thereon fully prepaid deposited
in theUnited States mail by me at Carbondale, Illinois,
on February 26,2004.
I decla~e
under penalty of perjury that the foregoing is true and correct.
Executed on February 26,2004 at Carbondale, Illinois.
LAW OFFICES
3200 Fishback Road
P. 0. Box 1206
Carbondale IL 62903-1206
Telephone: (618) 549-3132
Telecopier:
(618)
549-0956
e-mail
: gveach@gregveacfflaw.com
OFGREGORY A. VEACH
RECEIVED
CLERK’S OFFICE
MAR
012004
STATE
OI-ILLII\~L)S
BEFORE THE ILLINOIS POLLUTION
~
BC
~rd
BOARD
COUNTY
OF
JACKSON,
)
Cdmplainant,
vs.
)
AC
No.
2004-043
FRANK
STONEMARK,
)
Respondent.
ORDER
EXTENDING
TIME
This cau~e
came
on
for
consideration
on
the motion
of the respondent for an
order
extending the tithe it has for filing
and
serving
a
Petition to
Contest
an Administrative
Citation,
and the Board orhearing officer having considered the
matter and
the pleadings and records
in
this matter, and being fully advised in the premises and good cause
appearing therefor,
IT
IS
HEREBY
ORDERED
that the Motion
to
Extend Time
to
file Petition to
Contest Administrative
Citation is granted and the time within which
the plaintiff may file its
Petition to Con~dst
Administrative Citation,
is hereby extended
to
and
including
March
31,
2004.
Dated this
____
dayof
,
2004.
Enter
BEFORE THE ILLINOIS POLLUTION CONTROL
BOARD
COUNTY OF~JACKSON,
)
MAR
012004
)
STATE
OF ILLINO
~
Complainant,
)
Pollution Controj Bo
rd
vs.
)
AC
No.
2004-043
)
FRANK
STONEMARK,
)
)
Respondent.
NOTICE
OF
FILING
OF
APPEARANCE
TO:
Dorothj M. Gunn, Clerk
Jackson County State’s Attorney
Illinois Pollution Control Board
Jackson County Courthouse, 3d Floor
State ofIllinois Center
Murphysboro IL 62966
100 WestRandolph Street
Suite 11-500
ATTN. Daniel Breriner, Assistant
Chicago IL 60601-3218
State’s Attorney
PLEASE,TAKE NOTICE that on the 26th day of February 2004, the undersigned, on
behalf ofFrank Stonemark, the respondent, filed with the Office of the Clerk of the Pollution
ControlBoard
the
original and four (4) copies of the attached Appearance, a copy of which is
herewith
served
~ponyou.
Dated this
26th
day of February, 2004.
FRANKSTONEMARK, Respondent
By,~_________
G~gory
g
ach,IARDC#2893061
Attorney for respondent
LAW OFFICES~OFGREGORY A.VEACH
3200 Fishback Road
P. 0. Box
1206
Carbondale IL 62903-1206
Telephone:
(618) 549-3132
Telecopier:
(618) 549-0956
e-mail: gveach@gregveachlaw.com
Attorney forrespondent
Page
1
Notice
of
Filing
BEFORE THE ILLINOIS
POLLUTION CONTROL
BOARD
RECERFED
CLERK’S OFFICE
COUNTY
OF
JACKSON,
)
MAR
01
2004
Complainant,
vs
!
)
AC
No.
2004-043
FRANK
STONEMARK,
)
Respondent.
APPEARANCE
I herel~yenter my
appearance in
this
proceeding,
on
behalf of Frank Stonemark, the
respondent.
Dated this
26th
day ofFebruary, 2004.
FRANK STONEMARK, Respondent
By~
~
Gregory A:
ach, IARDC # 2893061
Attorney forrespondent
LAW OFFICES
OF GREGORY A. VEACH
3200 Fishback
Road
P. 0. Box
1206
Carbondale IL ~62903-1206
Telephone:
(618) 549-3132
Telecopier:
(618) 549-0956
e-mail: gveach@gregveachlaw.com
Attorney forrespondent
DECLARATION
OF SERVICE~B~E~’
MAIL
MAR
012004
STATE OF ILLINOIS
I, the undersigned, declare:
Pollution Control Board
I am over eighteen (18) years of age, employed in the County ofJackson, State of
Illinois, in which
county the within mailing occurred, and not a party
to the subject cause.
My business address is: 3200Fishback Road, P. 0.Box 1206, Carbondale, Illinois 62903-
1206.
I
served the
following document,Notice ofFiling ofAppearance and Appearance, of
which
true and correct copies thereof
in the cause
are
affixed, by placing the original and
four
(4) copies’ thereofin an envelope addressed as follows::
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
State
c~fIllinois Center
ioo
west
Randolph Street
Suite I~1-500
Chicago IL
60601-3218
and one (1) copy in an envelope addressed as follows:
Jackson County State’s Attorney
JacksonCounty Courthouse, 3d Floor
Murphysboro IL
62966
ATTN. Daniel Brenner, Assistant State’s
Attorn~y
Each envelope was then sealed and with the postage thereon fully prepaid deposited
in the United States mail by me
at Carbondale, Illinois, on February 26, 2004.
I decl~ieunderpenalty ofperjury that the foregoing is
true and correct.
Executed on February 26,2004 at Carbondale, Illinois.
~
C
(Signature)
LAW OFFICES OF GREGORY A. VEACH
3200 Fishback Road
P. 0. Box
1206
Carbondale
IL
62903-1206
Telephone:
(618) 549-3132
Telecopier:
(618) 549-0956
e-mail: gveach@gregveachlaw.com