BEFORE THE

OF THE STATE OF ILLINOIS

ILLINOIS AYERS OIL COMPANY,

Petitioner,

V.

ILLiNOIS

ENVIRONMENTAL

PROTECTION AGENCY,

Respondent.

Dorothy M. Gunn, Clerk

Fred

C. Prillaman

Illinois Pollution Control Board

Mohan, Alewelt, Prillaman & Adami

James R. Thompson Center

Suite 325

100 West Randolph Street

1 North Old Capitol Plaza

Suite 11-500

Springfield,

IL

62701-1323

Chicago, IL 60601

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 aMOTION FOR EXTENSION OF TIME, copies

ofwhich are herewith served upon you.

Respectfully submitted,

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

Respondent

~

John 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)

Dated: May 17, 2004

RECEIVED

CLERK’S OFFICE

MAY

19

2004

STATE OF ILLINOIS

Pollution Control

Board

)

)

)

)

)

PCB No.

03-214

(LUST Appeal)

NOTICE

---

BEFORE

THE POLLUTION

CONTROL BOARD

RECE~VE~

OF THE STATE OF ILLINOIS

CLERK’S OFFICE

MAY

192004

ILLiNOIS AYERS

OIL COMPANY,

)

Petitioner,

)

STATE OF ILLINOIS

v.

)

PCB No. 03-214

Pollution

Control

Board

ILLINOIS ENVIRONMENTAL

)

(LUST Appeal)

PROTECTIONAGENCY,

)

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(d),

101.502

and

101.522, hereby requests

that the Illinois Pollution Control Board (“Board”) grant the Illinois EPA an extension oftime to

file

a response

to

the Petitioner’s

Motion for Authorization of Payment

of Attorneys’

Fees as

Costs of CorrectiveAction

(“Petitioner’s motion”).

In support ofthis

motion,

the Illinois EPA

states as follows:

1.

On May 3,

2004,

the

Illinois

EPA

received service of the Petitioner’s

motion.

Pursuant to

Section

101.500(d) ofthe Board’s procedural

rules

(35

Ill.

Adm.

Code

101.500(d)),

the Illinois EPA’s response to

the Petitioner’s motion is

due on orbeforeMay 17, 2004.

2.

Due

to

constraints

imposed

upon

the

undersigned

attorney

by

several

other

matters pending before the Board,

the Illinois EPA will not

able to prepare and file its response

by that date.

3.

The Illinois

EPA

is

thus

seeking

a

short

extension of time

by

which

to

file

a

response to the Petitioner’s motion,

specifically, until May 19, 2004.

This short delay should not

prejudice the Petitioner or Board.

1

---

WHEREFORE,

for

the

reasons

stated

above,

the

Illinois

EPA

hereby

respectfully

requests that the Board

grant the Illinois EPA an extension of time until May

19, 2004,

to

file a

response to the Petitioner’s motion.

Respectfully submitted,

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

Respondent

3~

~

JohnJ. 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)

Dated: May 17, 2004

This filing

submitted on recycled paper.

2

---

CERTIFICATE OF SERVICE

I, the undersigned attorney at law, hereby certify that on May 17, 2004, I served true and

correct copies ofa 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:

DorothyM. Gunn, Clerk

Fred C. Prillaman

Illinois Pollution Control Board

Mohan, Alewelt, Prillaman & Adami

James R. Thompson Center

Suite 325

100 West Randolph Street

1 North Old Capitol Plaza

Suite 11-500

Springfield, IL

62701-1323

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,

Respondent

~

z~.

JohnJ.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)