BEFORE
THE
POLLUTION CONTROL BOARD
OF
THE
STATE OF ILLINOIS
SUTIER SANITATION, INC. and
LAVONNE RAKER,
V.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Petitioners,
)
)
)
)
)
)
Respondent.
)
NOTICE
PCB No. 04-187
(Permit Appeal)
RECE~VED
CLERK’S OFFICE
JUN 1 62004
STATE
OF- ILUNOIS
Pollution Control Board
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, IL 60601
Charles J. Northrup
Sorling, Northrup, Hanna
Cullen & Cochran, Ltd.
Suite 800 Illinois Building
P.O. Box 5131
Springfield, IL 62705
Carol Sudman, Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue, East
P.O. Box 19274
Springfield, IL 62794-9274
Christine G. Zeman
Hodge DwyerZeman
3150 Roland Avenue
P.O. Box 5776
Springfield, IL 62705-4900
JohnM. Heyde
Sidley Austin Brown & Wood, LLP
10 South Dearborn Street
Chicago, IL 60603
PLEASE TAKE NOTICE that I have today filed with the office of the Clerk of the Pollution
Control Board a MOTION FOR EXTENSION OF TIME TO FILE RESPONSE, copies of which are
herewith served upon you.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
JohnJ.
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
Z1If/S2-914i (1L)Ji)
Dated: June 14, 2004
CERTIFICATE OF SERVICE
I, the undersigned attorney at law, hereby certify that on June 14, 2004, I served true and
correct copies of a MOTION FOR EXTENSION OF TIME TO FILE RESPONSE, 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
Carol Sudman, Hearing Officer
Illinois Pollution Control Board
Illinois Pollution Control Board
James R. Thompson Center
1021 North Grand Avenue, East
100 West Randolph Street
P.O. Box 19274
Suite 11~500
Springfield, IL 62794-9274
Chicago, IL 60601
Charles 3. Northrup
Christine G. Zeman
Sorling, Northrup, Hanna
Hodge DwyerZeman
Cullen & Cochran, Ltd.
3150 Roland Avenue
Suite 800 Illinois Building
P.O. Box 5776
P.O. Box 5131
Springfield, IL 62705-4900
Springfield, IL 62705
John M. Heyde
Sidley Austin Brown & Wood, LLP
10 South Dearborn Street
Chicago, IL 60603
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Respondent
~
Xz4,c1~P
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)
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
SUTTER SANITATION, INC. and
)
LAVONNE HAKER,
)
Petitioners,
)
v.
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
)
MOTION FOR
EXTENSION
OF TIME TO FILE RESPONSE
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 arid 101.522, hereby requests that the
Illinois Pollution Control Board (“Board”) waive the normal filing requirements of35 Ill. Adm.
Code 101.5 16(a) and grant the Illinois EPA an extension oftime within which to file a response
to the motion to intervene filed by Mr. Jesse Ruffner and Family, Mr. Lloyd Stock and Stock &
Company, LLC (“movants,” collectively). In support of this motion, the Illinois EPA states as
follows:
1.
The movants filed a motion to intervene with the Board on or about May 28,
2004. The Illinois EPA received service ofthe motion on June 1, 2004. Pursuant to 35 Ill. Adm.
Code 101.500(d), a response to the motion for summary judgment is to be filed with the Board
within fourteen (14) days after service ofthe motion. Accordingly, the Illinois EPA’s response
to the motion to intervene is due on or before June
15,
2004.
2.
In the time between service of the motion and the required date for filing the
response, the undersigned counsel for the Illinois EPA has been expending time and resources to
finalize settlement proposals in approximately 50 appeals pending before the Board. This time
commitment, other case load-related obligations, and the undersigned counsel being out of the
1
RECE~VED
CLERK’S OFFICE
JUN
1
6-2004
STATE OF ILLINOIS
Pollution Control Board
PCB No. 04-187
(Permit Appeal)
office from June 11, 2004 through June 16, 2004 on a family vacation, have resulted in
additional time being needed to file a response to the motion to intervene.
3.
No hearing date has been set in this matter.
4.
The Illinois EPA and the Petitioner have discussed issues related to this matter
and have met via teleconference with the Hearing Officer. The parties are in agreement with a
schedule to file motions for partial summary judgment. That schedule, approved by the Hearing
Officer, will not be impacted by this motion for an extension oftime.
5.
Regardless, the Illinois EPA seeks only a very limited period oftime by which to
file its response to the motion to intervene. Specifically, the Illinois EPA seeks a one (1) week
extension oftime to file its response to the motion to intervene, to June 22, 2004.
WHEREFORE, for the reasons stated above, the Illinois EPA hereby respectfully
requests that the Board grant the Illinois EPA an extension of time to file the response to the
motion to intervene to June 22, 2004.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Respondent
‘John J.
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: June 14, 2004
This filing
submitted on recycled paper.
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