RECE~VED
CLERK’S OFFICE
BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
OCT
142003
ROCK ROAD
COMPANIES, INC.,
)
STATE OF ILLINOIS
Pollution Control Board
Petitioner,
v.
)
PCB
No. 2005-54
)
(Permit Appeal- Air)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
NOTICE
To:
Dorothy Gunn, Clerk
Illinois Pollution
Control Board
100 West Randolph
Suite
11-500
Chicago,
Illinois 60601
Harvey M.
Sheldon
Hinshaw & Culbertson
222 North LaSalle
Street
Chicago,
IL 60601
Please take
notice that
I
have today filed with the Office of the Clerk of the
Pollution Control
Board an original
(1) and
nine (9) copies of an Appearance and
Motion
for Extension of Time to File
Record a copy of which is herewith served upon the
attorney for the Petitioner,
Rock Road Companies, Inc.
-
Respectfully submitted,
ILLINOIS
ENVIRONMENTAL
PROTECTION AGENCY,
Sally Carter
Assistant Counsel
Special Assistant Attorney General
Division of Legal Counsel
Date: October 14, 2004
Illinois
Environmental Protection Agency
1021
North
Grand Avenue East
P.O.
Box
19276
Springfield,
IL 62794-9276
217/782-5544
RECE1V~D
CLERK’S OFFICE
OCT
142003
BEFORE THE
ILLINOIS POLLUTION
CONTROL BOARD
STATE OF ILLINOIS
Pollution Control Board
ROCK ROAD COMPANIES,
INC.,
)
)
Petitioner,
)
v.
)
PCB
No. 2005-54
)
(Permit Appeal-Air)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
APPEARANCE
The undersigned, as one of its
attorneys, hereby enters her APPEARANCE on
behalfof Respondent,
Illinois Environmental
Protection Agency.
Respectfully submitted,
ILLINOIS
ENVIRONMENTAL
PROTECTION AGENCY,
Sally Cater
Assistant Counsel.
-
Special Assistant Attorney General
Division of Legal
Counsel
Date: October 14, 2004
-
Illinois Environmental Protection Agency
1021
North
Grand Avenue East
P.O. Box
19276
Springfield,
IL 62794-9276
217/782-5544
RECEIVED
BEFORE THE ILLINOIS
POLLUTION CONTROL BOARD
CLERK’S OFFICE
ROCK ROAD COMPANIES,
INC.
)
OCT
142003
STATE OF ILLINOIS
Petitioner,
)
Pollution
Control Board
vs.
)
NO.05-54
)
PERMIT APPEAL
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
)
),
Respondent.
MOTION
FOR
EXTENSION
OF TIME TO
FILE RECORD
NOW
COMES the Respondent,
Illinois
Environmental Protection Agency,
(“Illinois
EPA” or “Agency”), by one of its attorneys, Sally Carter, Assistant Counsel and
Special Assistant Attorney General, and,
pursuant to Sections 101.500,
101.522 and
105.116 of the Illinois
Pollution Control
Board’s (“Board”) procedural rules,
35111. Adm.
Code 101.500,
101.522 and
105.116, hereby respectfully requests that the Illinois
Pollution
Control
Board (“Board”) waive the normal filing requirements of 35 Ill.
Adm.
Code 105.116 and
grant the Illinois EPA an extension of time within which to file the
record of its decision.
In support of this
Motion, the
Illinois EPA states as follows:
1.
The Petitioner filed
its Petition for Review of Permit Conditions on
September 16,
2004.
Pursuant to
35111. Adm.
Code
105.116, the Illinois EPA must file
with the Board, the entire record of its determination within 30 days after the filing of the
Petition
unless the Board or hearing officer sets a different filing date.
On October 7,
2004,
the Board accepted the Petition for hearing and stated that the Agency
must file
the entire
record of its decision
by October 16,
2004.
2.
In the time since the filing of the Petition,
the Illinois EPA received service
of the Petition on
September 20, 2004.
The Illinois EPA has been drafting a
Motion to
Dismiss due to
the Board’s lack of jurisdiction to hear the instant Petition.
Pursuant to
101 .506
of the Board’s procedural rules,
35111. Adm.
Code 101.506, a motion to dismiss
any pleading
must be filed within
30 days after the service of the challenged filing.
Accordingly, the Illinois
EPA’s Motion to
Dismiss must
be filed
on or before October 20,
2004.
3.
Due to the Illinois
EPA’s pending
Motion to
Dismiss, the Illinois
EPA
requests
that it not be forced to expend
potentially unnecessary resources to file the
record with the Board
at this time.
In the event that the Agency’s Motion to
Dismiss is
granted, the Board will not require the record
in this proceeding.
Accordingly, the Illinois
EPA requests that
it not be forced to expend time and resources on a filing that may
never be employed
by the Board
in
making
its ultimate decision.
4.
No hearing date has been
set
in this matter.
5.
Regardless, the Illinois
EPA seeks only a very limited period of time by
which to file
its record.
In
the event the Board denies the Agency’s Motion to Dismiss,
the Illinois EPA
requests fourteen
(14) days after the denial to file its entire
record of
decision.
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 record
until
the Board
rules on its Motion to
Dismiss.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent
Sally
~rter
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
Dated:
October 14, 2004
CERTIFICATE
OF SERVICE
I
hereby certify that
I
did on the 14th day of October 2004, send
by First Class
Mail, with postage thereon fully
paid and deposited
into the possession of the United
States
Postal
Service, one
(1) original and nine (9) copies of the following instruments
entitled NOTICE, APPEARANCE and MOTION
FOR EXTENSION OF TIME TO FILE
RECORD to:
Dorothy Gunn, Clerk
Illinois Pollution Control Board
100 West Randolph
Suite
11-500
Chicago,
Illinois 60601
and a true and
correct copy of the
same foregoing
instruments, by First Class
Mail with
postage thereon fully paid and deposited
into the possession of the United
States Postal
‘S
Service, to:
Harvey M. Sheldon
Hinshaw & Culbertson LLP
222 North
LaSalle Street
Chicago,
IL 60601
SALL& CARTER
Assistant Counsel
Special Assistant Attorney General
This filing is submitted on recyded paper.
