C~OEO
AUG
1?
2604
STATE OF ILLINOIS
Pollution Control Board
IN THE MATTER OF:
)
)
PETITION OF JO’LYN CORPORATION
)
and FALCON WASTE
AND
RECYCLiNG)
for an ADJUSTED STANDARD from
)
35
ILL. ADM. CODE.PART 807 or,
)
in the alternative, A
FINDING
OF
)
INAPPLICABILITY.
)
Dorothy M. Gunn, Clerk
BradleyP. Halloran, Hearing Officer
Illinois Pollution Control Board
Illinois Pollution Control Board
James R. Thompson Center
James R. Thompson Center
100 West Randolph Street
100 West Randolph Street
Suite
11-500
Suite 11-500
Chicago, IL 60601
Chicago, IL
60601
Elizabeth S. Harvey
Swanson, Martin & Bell
One
IBM
Plaza, Suite 3300
330 North Wabash Avenue
Chicago, IL
60611
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
TO
FILE
RECOMMENDATION, copies of whichare herewith served upon
you.
Respectfullysubmitted,
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Res
nde
Jo
~Kim
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: August 13, 2004
BEFORE THE POLLUTION
CONTROL BOARD
OF THE STATE
OF ILLINOIS
AS
04-02
(Adjusted Standard
—
Land)
NOTICE
CLERK’S OFFICE
BEFORE THE POLLUTION CONTROL
BOARD
AUG
172604
OF THE STATE OF ILLINOIS
STATE OF ILLINOIS
iN
THE MATTER OF:
)
Pollution
Control Board
)
PETITION OF JO’LYN CORPORATION
)
and FALCON WASTE AND RECYCLING)
AS
04-02
for an ADJUSTED STANDARD from
)
(Adjusted
Standard
—
Land)
35 ILL. ADM. CODE.PART
807 or,
)
in the alternative, A FINDING OF
)
INAPPLICABILITY.
APPEARANCE
The undersigned,
as one of its
attorneys, hereby enters his Appearance
on
behalfof the
Illinois Environmental Protection Agency.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
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: August
13, 2004
This filing submitted on recycled paper.
BEFORE THE
POLLUTION CONTROL BOARD
RI
S OFFICE
OF THE STATE OF ILLINOIS
AUG
17
,~fJ~J4
IN
THE MATTER OF:
)
~STATEOF
ILLINOIS
OllLjtiQn
Control Board
PETITION OF JO’LYN CORPORATION
)
and FALCON WASTE AND RECYCLING)
AS
04-02
for an ADJUSTED STANDARD from
)
(Adjusted Standard
—
Land)
35
ILL. ADM. CODE.PART 807 or,
)
in the alternative, A FINDING OF
)
INAPPLICABILITY.
MOTION FOR EXTENSION OF TIME TO FILE RECOMMENDATION
NOW COMES 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
104.416,
hereby requests
that the Illinois
Pollution
Control Board (“Board”) grant the Illinois
EPA an extension of tiffie within which to
file a recommendation in response to the petition filed by Jo’Lyn Corporation and Falcon Waste
and Recycling (“Petitioners”).
In support ofthis motion, the Illinois EPA states as follows:
1.
The Petitioners filed a petition for adjusted standard with
the Board on
April
21,
2004.
On May20,~2004, the Board
entered an order requiring the Petitioners to file an amended
petition,
addressing
certain deficiencies identified by
the Board.
The
order
also
required
the
Illinois
EPA to
file its
recommendation
to the amended petition within 30
days ofthe
filing of
the
amended petition.
Section
104.416(a) of the
Board’s procedural
rules
(35
Iii.
Adm.
Code
104.416(a))
generally allows the Illinois
EPA
45
days
from
the
filing of an
adjusted standard
petition
to
file
its
recommendation,
unless
otherwise
ordered
by
the
Board
or the
Hearing
Officer.
2.
On July
8,
2004,
the
Petitioners filed an
amended petition with
the Board.
On
July
14,
2004,
the
Petitioners
filed a
supplement
to
the
amended
petition.
The
Illinois
EPA
1
believes
that,
pursuant
to
Section
104.416(a)
of the Board’s procedural
rules
and
the May 20,
2004 Board order, the Illinois EPA has 30 days from the filing ofthe supplement to the amended
petition to file its recommendation.
3.
The
30th
day
from
the date of filing
the
supplement to
the amended
petition
is
August
13,
2004,
or the date of this motion.
The undersigned counsel for the Illinois EPA has
several pleadings due in an
unrelated Board matter also
on
this date, and this other deadline will
prevent the timely filing ofa recommendation in the present case.
4.
The Illinois EPA is therefore asking for a short extension oftime, until August
18,
2004, by which to file its
recommendation.
This additional time will allow forthe preparation of
a recommendation that
satisfies
all
Board
requirements and
still
facilitate an
expedited review.
Even with the requested extension, the recommendation would be
filed well before the normal
time allowed for the filing of a recommendation.
5.
The
Petitioners
should
not
be
prejudiced by
this
short
delay,
since
only three
business days will elapse between the original due
date and the extension date.
2
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 its recommendation to
August
18, 2004.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
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: August 13,
2004
This filing submitted on recycled paper.
3
CERTIFICATE OF SERVICE
I, the undersigned attorney at law, hereby certify that on
August
13,
2004,
I served
true
and correct copies of an APPEARANCE and MOTION FOR EXTENSION OF TIME TO FILE
RECOMMENDATION,
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
~locatedwithin
Springfield,
Illinois, with
sufficient First Class Mail postage affixed thereto, upon the following
named persons:
Dorothy M. Gunn,
Clerk
Bradley P. Halloran, Hearing Officer
Illinois
Pollution Control Board
Illinois Pollution Control Board
James R. Thompson Center
James R. Thompson Center
100 West Randolph Street
100 West Randolph Street
Suite 11-500
Suite 11-500
Chicago, IL 60601
Chicago, IL
60601
Elizabeth
S. Harvey
Swanson, Martin & Bell
One IBM Plaza, Suite 3300
330 North Wabash Avenue
Chicago, IL
60611
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
~pofl~t
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)
