BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
RICHARD KARLOCK,
)
Petitioner,
)
V.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
)
PCB No. 05-127
)
(LUST Appeal)
)
RECE~VED.
CLERK’S OFFICE
MAY 17
2005
STATE OF ILUNOIS
Pollution Control Board
Respondent.
)
NOTICE
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
Jeffrey W. Tock
Harrington & Tock
201 West Springfield Avenue
Suite 601
P.O. Box 1550
Champaign, IL 61824-1550
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 of which are herewith served upon you.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Assistant Counsel
Special Assistant Attorney General
Divisionof 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
RICHARD KARLOCK,
Petitioner,
v.
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
)
MOTION FOR EXTENSION OF TIME TO FILE RESPONSE
TO PETITIONER’S MOTION FOR SUMMARY JUDGMENT
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 Ill. Adm. Code 101.522, hereby requests that the Illinois Pollution
Control Board (“Board”) grant the Illinois EPA an extension of time within which to file its
Response to the Petitioner’s Motion for Summary Judgment. In support of this motion, the
Illinois EPA states as follows:
1.
On May 2, 2005, the Illinois EPA received service of the Petitioner’s motion for
summary judgment. Pursuant to an order from the Hearing Officer, the parties in this appeal
were to file concurrenf motions for summary judgment on or before April 29, 2005, with
responses to be filed on or before May 13, 2005.
2.
Unfortunately, due to greater than anticipated workload, counsel for the Illinois
EPA has not yet finished drafting its motion for summary judgment. That filing is anticipated to
be complete by no later than May 17, 2005, if not sooner. It would be unfair to the Petitioner for
the Illinois EPA to draft its motion having had the benefit offirst reviewing the motion filed by
the Petitioner; thus, the Illinois EPA has not reviewed the Petitioner’s motion to date.
)
)
RECEIVED
CLERK’S OFFICE
MAY
17
2005
STATE OF ILLINOIS
Pollution Control Board
PCB No. 05-127
(LUST Appeal)
1
3.
The Illinois EPA anticipates that its motion will be filed on or May 17, 2005, with
an accompanying motion for leave to file instanter. The Petitioner’s motion will then be
reviewed, and a response will be filed no later than May 18, 2005.
4.
The Illinois EPA regrets this delay in the handling ofthis matter, and will take all
possible steps to ensure future filings and participation is without anythore delay. Of course, any
resulting additional time that the Petitioner may need to file its response to the Illinois EPA’s
motion would not be objected to.
WHEREFORE, for the reasons stated above, the Illinois EPA hereby respectfully
requests that the Board grant the Illinois EPA an extension of time to file the response to the
Petitioner’s motion for summary judgment to May 18, 2005, with the Illinois EPA’s motion for
summaryjudgment to be filed (along with a motion for leave to file instanter) on or before May
17,2005.
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:
DorothyM. 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
Jeffrey W. Tock
Harrington & Tock
201 West Springfield Avenue
Suite 601
P.O. Box 1550
Champaign, IL 61824-1550
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)
