CLERKS OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL
BOARD
SEP 172004
METROPOLITAN WATER
)
Poflut
RECLAMATION DISTRICT OF
)
GREATER CHICAGO
)
)
Petitioner,
)
)
v.
)
PCB
05-3
1
)
(Permit Appeal-NPDES)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
NOTICE OF FILING
TO:
See Attached Service List
PLEASE TAKE NOTICE that I have today filed with the Office ofthe Clerk ofthe Pollution
Control Board an original and nine (9) copies of the APPEARANCE AND
MOTION TO
POSTPOSE
FILING RECORD ofthe Illinois Environmental Protection Agency, a copy ofwhich
is herewith served upon you.
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
By:____
Assistant Counsel
Division ofLegal Counsel
Dated: September 14, 2004
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Springfield, Illinois 62794-9276
(217)
782-5544
THIS FILING PRINTED ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL ~~~E~VED
CLERK’S OFFICE
METROPOLITAN WATER
)
SEP 17 2004
RECLAMATION DISTRICT OF
)
STATE
OF
ILLiNOIS
GREATER CHICAGO
)
Pollution
Control Board
)
Petitioner,
)
)
v.
) PCB
05-3
1
) (Permit Appeal-NPDES)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
APPEARANCE
The undersigned, as one ofits attorneys, hereby enters an APPEARANCE on behalfofthe
Respondent, Illinois Environmental Protection Agency.
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
By: J~Da~’~~
Assistant Counsel
Division ofLegal Counsel
Dated: September 14, 2004
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Springfield, Illinois 62794-9276
(217) 782-5544
THIS FILING PRINTED ON RECYCLED PAPER
RECE WED
BEFORE THE ILLINOIS POLLUTION CONTROL BOA~DERK’SOFFICE
METROPOLITAN WATER
)
SEP 172004
RECLAMATION DISTRICT OF
)
STATE OF ILLINOIS
GREATER CHICAGO
)
Pollution Control Board
)
Petitioner,
)
)
v.
) PCB
05-3
1
) (Permit Appeal-NPDES)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
MOTION TO POSTPONE FILING RECORD
NOW COMES the Respondent, ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
(“Illinois EPA”), through its attorney, James Allen Day, respectfully moves the Illinois Pollution
Control Board (“Illinois PCB” or “Board”) to postpone the filing date for the Illinois EPA record in
this case. In support thereofthe Illinois EPA states as follows:
1.
Metropolitan Water Reclamation District ofGreater Chicago, (“Petitioner”) filed this
National Pollutant Discharge Elimination System (“NPDES”) Permit Appeal with the
Board on August 18, 2004.
2.
The Illinois EPA received the Petitioner’s petition on August 20, 2004.
3.
Pursuant to
35
111. Adm. Code 105.212(a) the Illinois EPA must file its entire record
ofits decision with the Clerk irr accordance with 35 Ill. Adm. Code 105.116.
4.
Pursuant to
35
Ill. Adm. Code 105.116, the Illinois EPA must file with the Board the
entire record of its decision within 30 days after the filing ofthe petition for review.
Thus, the record-filing deadline in this matter is September 17, 2004.
5.
Pursuant to
35
Ill. Adm. Code 105.116 the Illinois EPA may seek additional time to
file the record by filing a request forextension before the dateon which the record is•
due to be filed.
6.
Pursuant to 35 Ill. Adm. Code 101.522 the Board, for good cause shown on a motion
after notice to the opposite party, may extend the time for filing any document or
doing any act which is required by these rules to be done within a limited period,
either before or after the expiration of time.
7.
Due to the pre-existing obligations of the Illinois EPA attorney assigned to this
matter, coupled with the unexpected unavailability of a key member ofthe Illinois
EPA legal support staff, the Illinois EPA cannot reasonable meet the September 17,
2004 deadline for filing ofthe record in this matter.
8.
The Petitioner and the Illinois EPA are working toward an agreed resolution ofthis
matter. The parties agree that filing of the record may be delayed while these
negotiations are ongoing.
Therefore, the Illinois EPA moves the Illinois PCB to extend the time offiling the Agency
record until December 17, 2004.
Respectfully Submitted,
ILLINOIS ENVIRONMENTAL PROTECTIONAGENCY
James Allen Day
Assistant Counsel
Division ofLegal Counsel
DATED: September 14, 2004
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Post Office Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
PRINTED ON RECYCLED PAPER
STATE OF ILLINOIS
)
COUNTY OF SANGAMON
)
)
SS
PROOF OF SERVICE
I, the undersigned, on oath state that I have served the attached the
MOTION TO
POSTPONE FILING RECORD
upon the persons to whom it is directed, by placing a copy in
an envelope addressed to:
Dorothy Gunn, Clerk
Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, IL 60601
Metropolitan Water Reclamation
District ofGreater Chicago
Michael G. Rosenberg
Ronald M. Hill
100 East Erie Street
Chicago, Illinois 60611
SUBSCRIBED AND SWORN BEFORE ME
THIS 14TH DAY OF SEPTEMBER, 2004.
9~&~iL~
OFFICIAL SEAL
CYNTHIA L. WOLFE
NOTARYPUBIJC
STATE
OF IWNOIS
MY COMMISSION EXPIRES 3202007
THIS FILING PRINTED ON RECYCLED PAPER
