RECE~VEDCLERK’S
    OFFICE
    DEC 082004
    BEFORE THE ILLINOIS POLLUTION CONTROL
    BOARDPollutionSTATE OFControlILLINOISBoard
    VILLAGE OF LAKE BARRINGTON, CUBA
    )
    TOWNSHIP, PRAIRIE RIVERS NETWORK,
    )
    SIERRA CLUB, BETH WENTZEL and
    )
    CYNTHIA SKRUKRUD,
    )
    )
    Petitioners
    )
    v.
    )
    PCB05-55
    )
    (3rd
    Party NPDES Permit
    ILLINOIS ENVIRONMENTAL PROTECTION)
    Appeal)
    AGENCY and VILLAGE OF WAUCONDA,
    )
    )
    Respondents.
    )
    SLOCUM LAKE DRAINAGE DISTRICT OF
    )
    LAKE COUNTY, ILLINOIS
    )
    )
    Petitioner
    )
    v.
    )
    )
    PCB 05-58
    ILLINOIS ENVIRONMENTAL
    )
    (3rd Party NPDES Permit
    PROTECTION AGENCY AND VILLAGE OF
    )
    Appeal)
    WAUCONDA, ILLINOIS
    )
    )
    Respondents.
    )
    AL PHILLIPS, VERN MEYER, GAYLE DEMARCO,
    )
    GABRIELLE MEYER, LISA O’DELL, JOAN LESLIE,)
    MICHAEL DAVEY, NANCY DOBNER, MIKE
    )
    POLITO, WILLIAMS PARK IMPROVEMENT
    )
    ASSOCIATION, MAT SCHLUETER, MYLITH PARK)
    LOT OWNERS ASSOCIATION, DONALD KREBS,
    )
    DON BERKSHIRE, JUDY BRUMME, TWIN POND
    )
    FARMS HOMEOWNERS ASSOCIATION, JULIA
    )
    TUDOR and CHRISTINE DEVINEY,
    )
    )
    Petitioners
    )
    v.
    )
    PCB05-SO
    S~1~
    U
    )
    (3rd
    Party NPDES Permit
    ILLINOIS ENVIRONMENTAL PROTECTION
    )
    Appeal)
    AGENCY and VILLAGE OF WAUCONDA,
    )
    (Consolidated)
    )
    Respondents.
    )
    NOTICE OF MOTION
    TO: See Attached Certificate ofService
    Please take notice that on December 7, 2004, I filed with the Illinois Pollution Control
    Board an original and four (4) copies ofthe attached Motion to Reschedule Tentative Hearing
    Dates ofJanuary
    6 and
    7, 2005, copies ofwhich
    are
    hereby served upon you.
    Dated: December 7, 2004
    Bonnie L. Macfarlane
    BONNIE MACFARLANE, P.C.
    106 W. State Road, P.O. Box 268
    Island Lake, Illinois 60042
    847-487-0700
    Attorney No. 06205127
    This Document Printed on Recycled Paper
    Illinois
    STATE OF ILLINOIS
    )
    )
    ss.
    COUNTY OF MCHENRY)
    CERTIFICATE OF SERVICE
    Bonnie L. Macfarlane, an attorney, hereby certifies that a copy ofthe foregoing
    Notice ofMotion, Certificate of Service, and Motion to Reschedule Tentative Hearing Dates
    ofJanuary 6 and 7, 2005, was served on the persons listed below by first Class U.S. Mail,
    proper postage prepaid, on December
    7,
    2004.
    Dorothy Gunn, Clerk
    Illinois Pollution Control Board
    100 West Randolph Street
    Suite 11-500
    Chicago, Illlinois 60601
    Percy L. Angelo
    Russell R. Eggert
    Kevin G. Desharnais
    Mayer, Brown, Rowe & Maw, L.L.P.
    190 S. LaSalle Street
    Chicago, IL 60603
    William D. Seith
    Total Envirnomental Solutions, P.C.
    631 E. Butterfield Road, Ste. 315
    Lombard, IL 60148
    Bonnie L. Macfarlane
    BONNIE MACFARLANE, P.C.
    106 W. State Road, P.O. Box 268
    Island Lake, IL 60042
    847-487-0700
    Bradley P. Halloran
    Illinois Pollution Control Board
    James R. Thompson Center
    100 West Randolph St., Ste. 11-500
    Chicago, Illinois 60601
    Albert Ettinger
    Environmental Law and Policy Center
    35 E. Wacker Drive, Ste. 1300
    Chicago, Illinois 60601
    Sanjay K. Sofat, Asst. Counsel
    James Allen Day
    Illinois Environmental Protection Agency
    1021 Nor~JiI~randAve., East
    This Document Printed on Recycled Paper
    CLERK’S OFFICE
    BEFORE THE ILLINOIS POLLUTION CONTROL BOARIPEC
    082004
    STATE OF ILLINOIS
    Pollufion Control Board
    VILLAGE OF LAKE BARRINGTON, CUBA
    )
    TOWNSHIP, PRAIRIE RIVERS NETWORK,
    )
    SIERRA CLUB, BETH WENTZEL and
    )
    CYNTHIA SKRUKRUD,
    )
    )
    Petitioners
    )
    v.
    )
    PCB05-55
    )
    (3rd
    Party NPDES Permit
    ILLINOIS ENVIRONMENTAL PROTECTION)
    Appeal)
    AGENCY and VILLAGE OF WAUCONDA,
    )
    )
    Respondents.
    )
    SLOCUM LAKE DRAINAGE DISTRICT OF
    )
    LAKE COUNTY, ILLINOIS
    )
    )
    Petitioner
    )
    v.
    )
    )
    PCB 05-58
    ILLINOIS ENVIRONMENTAL
    )
    (3rd Party NPDES Permit
    PROTECTION AGENCY AND VILLAGE OF
    )
    Appeal)
    WAUCONDA, ILLINOIS
    )
    )
    Respondents.
    )
    AL PHILLIPS, VERN MEYER, GAYLE DEMARCO,
    )
    GABRIELLE MEYER, LISA O’DELL, JOAN LESLIE,)
    MICHAEL DAVEY, NANCY DOBNER, MIKE
    )
    POLITO, WILLIAMS PARK IMPROVEMENT
    )
    ASSOCIATION, MAT SCHLUETER, MYLITH PARK)
    LOT OWNERS ASSOCIATION, DONALD KREBS,
    )
    DON BERKSHIRE, JUDY BRUMME, TWIN POND
    )
    FARMS HOMEOWNERS ASSOCIATION, JULIA
    )
    TUDOR and CHRISTINE DEVINEY,
    )
    )
    Petitioners
    )
    v.
    )
    PCB05-~O’V
    )
    (3rd
    Party NPDES Permit
    ILLINOIS ENVIRONMENTAL PROTECTION
    )
    Appeal)
    AGENCY and VILLAGE OF WAUCONDA,
    )
    (Consolidated)
    )
    Respondents.
    )
    JOINT MOTION TO RESCHEDULE TENTATIVE HEARING
    DATES OF JANUARY 6 AND 7,2005
    NOW COMES, Slocum Lake Drainage District ofLake County, Illinois, an agency
    ofthe State of Illinois, through their attorney, Bonnie Macfarlane, P.C., and The Resident
    Group, through their attorney, JayJ. Glenn, and pursuant to Title 35 of the Administrative
    Procedures Act, Subtitle 35, Chapter 1, Part 101(E) and (F), moves this Honorable Hearing
    Officer to Reschedule the Tentative Hearing Dates and in support of said motion, states as
    follows:
    1. That on September 17, 2004, the Village ofLake Barrington, et. al. filed a
    PETITION FOR REVIEW OF A DECISION BY THE ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY, Case No. PCB 05-55.
    2. That on September 27, 2004, Slocum Lake Drainage District filed A PETITION
    FOR HEARING TO REVIEW THE ILLINOIS ENVIRONMENTAL PROTECTION
    AGENCY’S DECISION ON ISSUANCE OF A NPDES PERMIT TO VILLAGE OF
    WAUCONDA, Case No. PCB 05-58.
    3. That on September 27, 2004, the Resident Group filed A THIRD PARTY
    PETITION FOR REVIEW OF A DECISION BY THE ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY, Case No. PCB 05-59.
    4. That pursuant to 35111. Adin. Code, Section 105.116, the Illinois Environmental
    Protection Agency (hereinafter referred to as “IEPA”) “must ifie with the Board the entire
    record ofits decision within 30 days after the filing ofthe petition for review, unless this
    Part provides otherwise, orthe Board or hearing officer orders a different filing date. If
    the State agencywishes to seek additional time to file the record, it must file a request for
    extension before the date on which the record is due to be filed.”
    5. That pursuant to the above authority, the IEPA was required to file its complete
    record on or before October 18, 2004.
    6. On information and belief, the IEPA failed to make its record filing by October
    18, 2004.
    7. On October 21, 2004, pursuant to a telephonic conference with all parties and the
    Hearing Officer, the IEPA was given until November 30, 2004, to complete its record filing.
    8. That on December 1, 2004, your Movants received 2, 262 record documents,
    being exactly 35 days prior to the tentative hearing dates (holidays included).
    9. That pursuant to 35 Ill. Adm. Code 101.618,’your Movants are required to file
    certain pre-hearing pleadings
    “35
    days prior to the hearing.”
    10. That the assigned Honorable Hearing Officer has tentatively scheduled the first
    day ofhearings for January 6, 2005.
    11. That Your Movants respectfully request that the tentative hearing dates
    (January 6 and 7,2005) be extended to permit Movants adequate time to file requests to
    admit pursuant to the Illinois Pollution Control Board Rules, and a reasonable time frame
    to review the voluminous documents contained in the Record by the IEPA, and any other
    relief as deemed necessary and appropriate under the circumstances.
    12. On information and belief, the submission of the Record by the IEPA is
    statutorily deficient in that, pursuant to 34 Ill. Adm. Code Section 105.212, the transcript of
    the public hearing held on September 9, 2003, was not tendered to the Board.
    13. On information and belief, certain other relevant documents, including but
    limited to, documents detailing previous violations (non-compliance) by the Village of
    Wauconda with the Illinois Environmental Act, and a complete listing of all documents
    withheld by the IEPA has not been tendered or included with the record as filed on
    November 30, 2004.
    Dated: December 7, 2004
    Bonnie L. Macfarlane
    BONNIE MACFARLANE, P.C.
    106 W. State Road, P.O. Box 268
    Island Lake, Illinois 60042
    847-487-0700

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