RECE~VEDCLERK’S
OFFICE
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
MAY 042005
STATE OF ILLINOIS
PoII~ti~nControl Board
U.S. MINERALS, LLC,
)
)
Petitioner,
)
)
v.
)
PCB No. 05-182
)
(Pennit Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
)
NOTICE OF FILING
TO:
Dorothy Gunn, Clerk
Illinois Pollution Control Board
James Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Jon S. Faletto, Esq.
Howard & Howard Attorneys, P.C.
One Technology Plaza, Suite 600
211 Fulton Street
Peoria, Illinojs 61602
PLEASE TAKE NOTICE that on this 2’~ of May 2005, Respondent, ILLINOIS
ENVIRONMENTAL PROTECTION AGENCY filedwith the Office ofthe Clerk ofthe Pollution
Control Board a MOTION TO REQUEST EXTENSION OF TIME, copies ofwhich are herewith
served upon you.
ENVIRONMENTAL PROTECTION AGENCY
OF THE STATE OF ILLiNOIS
BY:
_______________
Dennis E. Brown
Assistant Counsel
Division ofLegal Counsel
This Filing Submitted on Recycled
Paper
BEFORE THE POLLUTION CONTROL BOARD
OFTHESTATEOFILLINOIS
CLERK’S OFFICE
U.S. MINERALS, LLC,
)
MAY
042005
•
)
STATEOFILLINOIS
Petitioner,
)
Pollution
Control Board
)
v.
)
PCBNo.PCBO5-182
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
•Respondent.
)
The undersigned, asone ofthe attorneys,hereby enters his APPEARANCE on behalfofRespondent,
Illinois Environmental Protection Agency.
ILLINOIS ENVIRONMENTALPROTECTION AGENCY
BY:
____________
Dennis B. Brown
Assistant Counsel
Division ofLegal Counsel
Date: May 2, 2005
Illinois Environmental Protection Agency
1021 North Grand Avenue, P.O. Box 19276
Springfield, Illinois 62794-9276
217/782-5544, TDD 217/782-9143
This Filing Submitted on Recycled Paper
STATE OF ILLINOIS
)
)
COUNTY OF SANGAMON
)
PROOF OF SERVICE
I, the undersigned, certify that I have served the attached MOTIONFOR EXTENSION OF TIME
and APPEARANCE upon the person(s) to whom it is directed,by placing the necessary copies in a
first class mail package addressed to:
Dorothy Gunn, Clerk
Illinois Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Jon S. Faletto, Esq.
Howard & Howard Attorneys, P.C.
One Technology Plaza, Suite 600
211 Fulton Street
Peoria, Illinois 61602
and mailing it from Springfield, Illinois on May 2, 2005, with sufficient postage affixed.
Dennis E. Brown
Date: May2, 2005
Illinois Environmental Protection Agency
1021 North Grand Avenue, P.O. Box 19276
Springfield, Illinois 62794-9276
217/782-5544, TDD 217/782-9143
This Filing Submitted on Recycled Paper
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
U.S. MINERALS,
LLC
)
MAY
042005
Petitioner,
~~1utionfATEOFControlILLINOISBoard
v.
)
PCB No. PCB 05-182
)
ILLINOIS ENVIRONMENTAL•
)
PROTECTION AGENCY,
)
)
Respondent.
)
MOTION FOR EXTENSION OF TIME
NOW COMES the Respondent, the ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY (“Illinois EPA”), and pursuant to 35 Ill. Adm. Code 105.116,
moves the Illinois Pollution Control Board (“Board”) to extend the time for filing ofthe
Administrative Record ofPermit Decision required pursuant to 35 Iii. Adm. Code
105.116. In support ofthis motion, the Illinois EPA states as follows:
1.
On April 6, 2005, U.S. Minerals (“Petitioner”) filed with the Pollution
Control Board (“Board”) a petition for review (“Petition”) ofthe Illinois EPA’s permit
decision resulting in the issuance ofrevised State Lifetime Operating Permit number
98070091, on March 2, 2005. A copy ofthe Petition was received by the Illinois EPA, on
April 6, 2005.
2.
On April 21, 2005, the Board issued an Order in relation to the petition
stating, in part,, that the Illinois EPA must file the record of its determination on orbefore
May 6, 2005.
3.
Since the date ofthe Board’s April 21, 2005 Order, representatives ofthe
Illinois EPA and U.S. Minerals, LLC have conferred regarding the April 6, 2005 Petition,
and discussed settlement of issues set forth within the petition in resolution ofthe permit
appeal. Based upon discussions mentioned above, the Illinois EPA anticipates settlement
•ofthe all issues relative to objectionable permit conditions contained within revised
Lifetime Operating Permit number 98070091 is likely without requiring the issuance of
an Order and Opinion ofthe Board based upon the facts and evidence during a hearing
before the Board in this matter.
4.
Based upon the foregoing, filing ofthe administrative record, at this
juncture, will seemingly not be required to further a review ofall issues set forth within
the Petition and resolution of the permit appeal.
For the foregoing reasons, the Illinois EPA respectfully requests that the Board
grant an extension oftime to file the Administrative Record ofPermit Decision for an
additional 60 days to facilitate resolution of the pending permit appeal through settlement
discussions between the parties.
Respectfully submitted,
Illinois Environmental Protection Agency
• •
By:______________
•
Dennis E. Brown
One ofIts Attorneys
May2, 2005
