THIS FILING SUBMITTED ON RECYCLED PAPER
ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS, )
)
C om pl ai n an t,
)
)
v.
)
PCB 06-41
)
(Enforcement – Air)
DOT PACKAGING GROUP, INC., an
)
Indiana corporation,
)
)
Respondent.
)
NOTICE OF FILING
TO:
Ms. Dorothy M. Gunn
Bradley P. Halloran, Esq.
Clerk of the Board
Hearing Officer
Illinois Pollution Control Board
Illinois Pollution Control Board
100 West Randolph Street
100 West Randolph Street
Suite 11-500
Suite 11-500
Chicago, Illinois 60601
Chicago, Illinois 60601
(VIA ELECTRONIC MAIL)
(VIA FIRST CLASS MAIL)
(PERSONS ON ATTACHED SERVICE LIST)
PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk of the
Illinois Pollution Control Board DOT Packaging Group, Inc.’s
MOTION FOR
EXTENSION OF TIME,
a copy of which is herew ith ser ved upon you.
Respectfully submitted,
DOT PACKAGING GROUP, INC.,
By: /s/ Katherine D. Hodge
Dated: October 6, 2005
One of Its Attorneys
Katherine D. Hodge
Gale W. Newton
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois 62705-5776
(217) 523-4900
DPGI:001/Fil/NOF - MET
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 6, 2005
CERTIFICATE OF SERVICE
I, Katherine D. Hodge, the undersigned, certify that I have served the attached
MOTION FOR EXTENSION OF TIME upon:
Ms. Dorothy M. Gunn
Clerk of the Board
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
via electronic mail on October 6, 2005; and upon:
Bradley P. Halloran, Esq.
Hearing Officer
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
Paula Becker Wheeler, Esq.
Assistant Attorney General
Office of t he Attorney General
188 West Randolph
20th Floo r
Chicago, Illinois 60601
by depositing said documents in the United States Mail, postage prepaid, in Springfield,
Illinois, on October 6, 2005.
/s/ Katherine D. Hodge
Katherine D. Hodge
DPGI:001/Fil/COS – MET
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 6, 2005
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS, )
)
C om pl ai n an t,
)
)
v.
)
PCB No. 06-041
)
(Enforcement - Air)
DOT PACKAGING GROUP, INC., an
)
Indiana corporation,
)
)
Respondent.
)
MOTION FOR EXTENSION OF TIME
NOW COMES Respondent, DOT PACKAGING GROUP, INC. (“DOT”), by its
attorneys, HODGE DWYER ZEMAN, and, pursuant to 35 Ill. Admin. Code § 101.522,
moves the Hearing Officer or Illinois Pollution Control Board (“Board”) in this matter, to
enter an Order granting Respondent an extension of time in which to answer or otherwise
respond to Complainant’s Complaint. In support of this Motion, Respondent states as
follows:
1.
“The [Illinois Pollution Control] Board or hearing officer, for good cause
show n on a mot ion after notice to the o pposite party, may extend the t ime for filing any
document or doing any act which is required by these rules to be done within a limited
period, either before or after the expiration of time.” 35 Ill. Admin. Code § 101.522.
2.
On September 12, 2005, the People of the State of Illinois (“the State”)
filed a Complaint in the above-captioned matter, alleging vio lations of Sections 9(a) and
39.5(6)(a) of the Illinois Environmental Protection Act regarding air pollution (415 ILCS
§ 5/9(a) and 415 ILCS § 5/39.5(6)(a)); Sections 218.207(b)(1), 218.207(c),
218.105(d)(2)(A)(ii), 218.211(e)(2)(B) and 201.302(a) of the Board’s regulations (35 Ill.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 6, 2005
2
Adm. Code §§ 218.207(b)(1), 218.207(c), 218.105(d)(2)(A)(ii), 218.211(e)(2)(B), and
201.302(a)); and, Conditions 7.2.3(e), 7.2.5(b), 7.2.8, 8.6.1, and 9.8 of DOT’s Clean Air
Act Permit Program per mit.
3.
The law firm of HODGE DWYER ZEMAN was retained by DOT to
represent it in the above-capt ioned matter, and filed its Entry of Appearance on
September 29, 2005.
4.
DOT received notice of the Complaint on September 14, 2005. Thus,
pursuant to Board rule 35 Ill. Adm. Code 103.204(d), an Answer is due on November 14,
2005.
5.
DOT is requesting an extension of time for sixty (60) days, or until
January 13, 2006, to answer Complainant’s Complaint so that the parties may discuss
possible sett lement of the issues invo lved in this matter.
6.
Counsel for Respondent contacted counsel for Complainant and was
advised that Counsel for Complainant had no objection to this Mot ion.
WHEREFORE, Respondent, DOT PACKAGING GROUP, INC., respectfully
moves the Hearing Officer to enter an Order granting its request for an extension of time
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 6, 2005
3
for sixty (60) days, to and including January 13, 2006, in which to file its Answer to
Complainant’s Co mplaint.
Respectfully submitted,
DOT PACKAGING GROUP, INC.,
R
e
s
p
o
n
d
e
n
t
,
Dated: October 6, 2005
By:/s/ Katherine D. Hodge
One of Its Attorneys
Katherine D. Hodge
Gale W. Newton
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois 62705-5776
(217) 523-4900
DPGI-001\Fil\PCB 06-41\Motion for Extension.doc
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, OCTOBER 6, 2005