CLERK’S
OFFICE
~V
2 ~ 2UD~
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
•
OF THE STATE
OF ILLINOIS
IN THE MATTER OF:
To:
Dorothy Gunn, Clerk
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois
60601
Brad Halloran
John J. Privitera
Hearing Officer
McNamee, Lochner, Titus & Williams, P.C.
James R. Thompson Center
75 State Street
Suite 11-500
P.O. Box
459
Chicago, Illinois
60601
Albany, New York
12201-0459
PLEASE TAKE NOTICE that I have today filed with the Office ofthe Clerk of
the Illinois Pollution Control Board an original (1) and ten (10)~copiesofan
APPEARANCE aild a MOTION
FOR EXTENSION OF
TIME
TO
FILE
RECOMIVIENDATION ofthe Respondent, Illinois Environmental Protection Agency, a
copy ofwhich is herewith served upon the assigned Hearing Officer and the attorney for
the Petitioner, SCA Tissue North America, L.L.C.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
By:
Robb H. Layman
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217)
524-9137
PETITION OF SCA TISSUE NORTH AMERICA,
L.L.C., FOR AN ADJUSTED STANDARD
FROM
35
ILL. ADM. CODE 218.301
AND 218.302(C).
NOTICE
)
)
)
AS —2005-001
)
(Adjusted Standard-Air)
)
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
~JV2 ~2~
OF THE STATE OF ILLINOIS
•
~ThTE OF QUNOIS
PO~2Ut!QflContro’ 8oard
IN THBMATTER OF:
)
)
PETITION OF SCA TISSUE NORTH AMERICA,
)
AS
-
2005-00 1
L.L.C., FOR AN ADJUSTED STANDARD FROM
)
(Adjusted Standard-Air)
35
ILL. ADM. CODE 218.301
AND 218.302(C).
)
APPEARANCE
NOW COMES Robb Layman, as a Special Assistant Attorney General, and enters
his appearance on behalf ofthe Respondent,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY, in the above-captioned matter.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
By:
Robb H. Layman
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box
19276
Springfield, Illinois 62794-9276
(217) 524-9137
•
CLERI’S
OFFI
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
~
OF THE STATE OF ILLINOIS
E
OF ~ ~
L
~
~Ofl~rc
IN THE MATTER OF:
)
)
PETITION OF
SCA TISSUE NORTH AMERICA,
)
AS
—
2005-001
L.L.C., FOR AN ADJUSTED STANDARD FROM
)
(Adjusted
Standard-Air)
35
ILL. ADM. CODE 218.301
AND 218.302(C).
)
MOTION FOR
EXTENSION
OF TIME
TO FILE
RECOMMENDATION
NOW COMES the Respondent, ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY (“Illinois EPA”), by and through its attorneys, and moves the ILLINOIS
POLLUTION CONTROL BOARD (“Board”) for an
extensioii ofthe time to file a
Recommendation to the Petition for an Adjusted Standard from 35
Iii. Adm.
Code
218.301
and 218.302(c) (hereinafter “Petition”) filed by the Petitioner, SCA TISSUE
NORTH AMERICA, L.L.C. (“SCA Tissue”), in the above-captioned matter.
1.
Petitioner filed their Petition with the Board on October 12, 2004, and the
Illinois EPA reôeived a copy ofthe Petition on or about that sathe date.
2.
Section
104.4 16(a) ofthe Board’s procedural regulations provides that the
Illinois
EPA must file its Recommendation within 45 days after the filing ofthe Petition.
See,
35
111. Adm. Code 104.416(a).
In this instance, the filing date for the
Recommendation would ordinarily have been due on Friday, November 26, 2004,
however, the Board’s regulations have extended the original filing date to Monday,
November 29, 2004, by virtue ofthe Thanksgiving holidays.
See,
35
Iii. Adm. Code
101.300(a).
3.
The undersigned attorney was assigned the responsibilities for handling
this case matter during the week ofOctober
19th,
but has been unable to devote any
substantial time orresources to the Illinois EPA’s Recommendation due to the press of
other enforcement and appeal-related case assignments.
At the time ofthe filing ofthis
Motion, the Recommendation is nearly seventy-five percent complete.
The undersigned
attorney anticipates finalizing the document early next week and, thereafter, circulating
the document to the Illinois
EPA’s technical staff for review.
•
4.
•
Based on the fore-going reasons, the Illinois EPA formally requests an
extension oftime of approximately 10 days in which to file its
formal Recommendation
with the Board.
5.
Prior to the filing ofthis
Motion, the undersigned
attorney spoke with
Petitioner’s counsel, Mr. John J. Privitera, to apprise him ofthe Illinois EPA’s request for
additional time to prepare the Recommendation.
Mr. Privitera stated that that he had no
•
objection to the substance ofthe Motion.
:
H
WHEREFORE, the Illinois EPA respectfully requests that the Board grant this
Motion and issue an order allowing the Illinois EPA to file the Recommendation with the
Board in:this matterby no later than Wednesday, December 8, 2004
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
•
PROTECTION AGENCY,
•
vi9~
Robb H. Layman
•
Special Illinois Assistant Attorney General
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box
19276
Springfield, Illinois 62794-9276
(217)524-9137
CERTIFICATE OF SERVICE
I hereby certify that
on the
24th
day of November 2004, I did send, by First Class
Mail, with postage thereon fullypaid
and deposited into the pOssession ofthe United
States Postal Service, one (1) original and ten (10) copies ofthe following instruments
entitled
APPEARANCE and MOTION FOR EXTENSION OF TIME TO FILE
RECOMMENDATION to:
Dorothy Gunn, Clerk
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois
60601
and a true and correct copy ofthe same foregoing instruments by First Class Mail with
postage thereon fully paid and deposited into the possessionofthe United States Postal
Service, to:
• Brad Halloran
John J. Privitera
Hearing Officer
McNamee, Lochner, Titus & Williams,
P.C.
James R.
Thompson Center
75 State Street
Suite 11-500
P.O. Box 459
Chicago, illinois
60601
•
Albany, New York
1220 1-0459
By the authority granted by the assigned Hearing•Officer in this case, the
undersigned also faxed a true and
correct copy ofthe foregoing instruments to the Board
for filing on this same date.
By:
Robb H. La
Special Assistant Attorney General
This filing
is submitted on recycled paper.
