BEFORE THE ILLiNOIS POLLUTION CONTROL BOA~.~
C E ~V E D
ULERK’S OFFICE
)
STATE OF ILLINOIS
Pollution
Control Board
PEOPLE OF THE STATE
OF ILLINOIS,
)
)
Complainant,
V.
J. McDANIEL, INC. an Illinois corporation,
PCB No. 05-110
(Enforcement
-
Water)
)
)
)
)
)
MAR
232005
Respondent.
)
TO:
Ms. Dorothy M. Gunn
Clerk ofthe Board
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois
60601
(VIA FIRST CLASS MAIL)
Carol Webb, Esq.
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
Post Office Box 19274
Springfield, Illinois
62794-9274
(VIA
FIRST CLASS
MAIL)
(SEE PERSONS ON ATTACHED SERVICE LIST)
PLEASE TAKE NOTICE that I have today filed with the Office ofthe Clerk of
the Illinois
Pollution Control Board an original and nine copies ofa
MOTION FOR
EXTENSION OF
TIME, copies ofwhich are herewith served upon you.
Edward W~
Dwyer
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois
62705-5776
(217) 523-4900
Respectfully submitted,
J. McDANJEL, INC.,
Respondent,
By~
NOTICE
OF FILING
Dated:
March 21, 2005
TillS FILING SUBMITTED ON
RECYCLED PAPER
CERTIFICATE OF SERVICE
I, Edward W. Dwyer, the undersigned, certify that I have served the attached
MOTION FOR EXTENSION OF TIME upon:
Ms. Dorothy M. Gunn
Clerk ofthe Board
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois
60601
Javonna Homan, Esq.
Office ofthe Attorney General
Environmental Bureau
500 South
Second Street
Springfield, Illinois
62706
Carol
Webb, Esq.
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
Post Office Box 19274
Springfield, Illinois
62794-9274
Jerry L. McDaniel
Registered Agent
303 S~
Hutton
Post Office Box 126
Newton, Illinois
62448
by depositing said documents in
the United States Mail in Springfield, Illinois, postage
prepaid, on March 21, 2005.
fA~i~
/i~i
Edward W.D~’
(7
ECSI:OO1/Fil!NOF and
COS
-
MET
BEFORE THE ILLINOIS POLLUTION CONTROL ~
PEOPLE OF THE STATE OF ILLINOIS,
)
MAR
23
2005
)
.STATEOFILLINOIS
Comp amant,
)
Pollution
Control
Board
v.
)
PCBNo.05-110
)
(Enforcement
-
Water)
J. McDANIEL, INC. an Illinois corporation,)
)
Respondent.
)
MOTION FOR EXTENSION OF TIME
NOW COMES Respondent J. McDANIEL, INC. (“J. McDaniel”), by its
attorneys, HODGE DWYER ZEMAN, and requests that the Illinois Pollution Control
Board (“Board”) enter an Order granting J. McDaniel an
extension of time for forty-five
(45)
days, to and including May 6, 2005, in which to file its Answer in the above-
captioned matter.
In support of this Motion, J. McDaniel states as follows:
1.
On December 14, 2004, the People of the
State ofIllinois
(“the State”)
filed a Complaint in the above-captioned matter, alleging violations ofSections
12(a) and
(d) ofthe Environmental Protection Act regarding waterpollution.
(415 ILCS
§
5/12(a)
and (d)).
2.
Pursuant to a telephone status
conference held on January 27, 2005, with
the Complainant, Respondent and the Hearing Officer, Respondent was granted an
extension until March 22, 2005 to file an Answer.
3.
The law finn of HODGE DWYER ZEMAN was retained by J. McDaniel
to represent it in the above-captioned matter,~andfiled its entry of appearance on
January 25, 2005.
4.
Counsel is requesting an extension of time for forty-five
(45)
days, or until
May 6, 2005, so that the parties may discuss possible settlement ofthe issues involved in
this matter.
5.
Counsel for Respondent contacted counsel for Complainant and was
advised that Counsel for Complainant had no objection to this Motion.
WHEREFORE, Respondent J. McDaniel, Inc., respectfully requests that the
Board enter an Order granting its
request for an extension oftime forforty-five
(45)
days,
to and including May 6, 2005, in which to file its Answer to
Complainant’s Complaint.
Respectfully submitted,
J. McDANIEL, INC.,
Respondent,
By:___________
Edward W. Dwy~k-
Dated;
March 21, 2005
Edward W. Dwyer
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois
62705-5776
(217) 523-4900
ECSI:OO1/FillMotion for Extension
