RECE~VED

BEFORE THE POLLUTION CONTROL BOARD

CLERK’S

OFFiCE

OF THE STATE OF ILLINOIS

ILLINOIS AYERS

OIL COMPANY,

.)

Petitioner,

)

v.

)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

)

NOTICE

PCB No. 03-214

(LUST Appeal)

STATE OF ILUNOIS.

Pollution Control Board

Dorothy M. Gunn,

Clerk

Illinois Pollution Control Board

James R. Thompson Center

100 West Randolph Street

Suite

11-500

Chicago,

IL 60601

Carol Webb, Hearing Officer

Illinois Pollution Control Board

1021 North Grand Avenue East

P.O. Box

19274

Springfield, IL

62794-9274

Fred C. Prillaman

Mohan, Alewelt, Prillaman & Adami

Suite 325

1 North Old Capitol Plaza

Springfield,

IL

62701-1323

PLEASE TAKE

NOTICE

that

I have

today

filed with

the office of the

Clerk

of the

Pollution

Control Board a MOTION FOR EXTENSION OF TIME, copies ofwhich are herewith served upon you.

Respectfully submitted,

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

JolmJ.

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

217/782-9143

(TDD)

Dated: May

13,

2005

---

BEFORE THE

POLLUTION CONTROL BOARD

OF THE STATE

OF ILLINOIS

ILLINOIS AYERS OIL COMPANY,

)

Petitioner,

)

v.

)

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

Respondent.

)

SECOND MOTION FOR EXTENSION OF TIME TO FILE RESPONSE TO

PETITIONER’S PETITION FOR SUPPLEMENTAL ATTORNEYS’ FEES

NOW

COMES the Respondent, the Illinois Environmental Protection

Agency (“Illinois

EPA”), by one of its

attorneys, John J. Kim,

Assistant Counsel

and

Special

Assistant

Attorney

General,

and, pursuant to

35

Iii.

Adm.

Code

101.522,

hereby requests

that the Illinois Pollution

Control Board

(“Board”) grant the Illinois

EPA a second extension of time within which to

file

its

Response to

the Petitioner’s

Petition for Supplemental Attorneys’

Fees (“petition for fees”).

In support ofthis motion, the Illinois EPA states as follows:

1.

On April

20,

2005,

the

Illinois

EPA received

service

of the

petition

for

fees.

Pursuant to the Board’s procedural rules,

a response to

this petition (in this case being considered

a motion)

is

due on or belore May 4, 2005.

.

2.

The Illinois EPA has not yet finished its investigation ofthe current status of the

claim in question.

The investigation should be completed within three business days.

3.

The

Illinois

EPA

hereby

requests

a

second

extension

of

time

to

complete

researching and drafting a response to the petition for fees to May 18, 2005.

4.

This

short

delay

will

not

prejudice

the

Petitioner’s

case,

but

will

allow

for

sufficient time to present the Illinois EPA’s information and response.

REC~VED

CLERK’S OFFICE

MAY

17

2005

STATE OF ILLINOIS

Pollution Control Board

PCB No. 03-2 14

(LUST Appeal)

1

---

WHEREFORE,

for

the

reasons

stated

above,

the

Illinois

EPA

hereby

respectfully

requests that the Board grant the Illinois EPA a sedond extension of time to

file the response to

the petition for fees to May 18, 2005.

Respectfully submitted,

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,

~

Assistant Counsel

Special Assistant Attorney General

Division ofLegal Counsel

1021

North Grand Avenue, East

P.O. Box 19276

Springfield, Illinois 62794-9276

217/782-5544, 217/782-9143 (TDD)

Dated: May 13, 2005

This filing submitted on recycled paper.

2

---

CERTIFICATE OF SERVICE

I, the undersigned attorney at law, hereby certify that

on May 13, 2005,

I served true and

correct

copies ofa MOTION FOR EXTENSION OF TIME, by placing true and correct copies in

properly sealed and addressed envelopes and by depositing

said sealed envelopes in

a U.S. mail

drop box

located within

Springfield,

Illinois,

with

sufficient

First

Class

Mail

postage

affixed

thereto, upon the following named persons:

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board

James R.

Thompson Center

100 West Randolph Street

Suite 11-500

Chicago, IL 60601

Carol Webb, Hearing Officer

Illinois Pollution Control Board

1021 North Grand Avenue East

P.O. Box

19274

Springfield, IL

62794-9274

John

j.tium

Assistant Counsel

Special Assistant Attorney General

Division ofLegal Counsel

1021 North Grand Avenue, East

P.O. Box

19276

Springfield, Illinois 62794-9276

217/782-5544

217/782-9143 (TDD)

Fred C. Prillaman

Mohan, Alewelt, Prillaman &

Adami

Suite 325

1

North Old Capitol Plaza

Springfield,

IL

62701-1323

PROTECTION AGENCY,