BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
C&F PACKING COMPANY, INC. an
Illinois corporation,
Petitioner,
V.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY and
LAKE COUNTY,
Respondents.
NOTICE
)
)
)
)
)
PCB 06-053
)
(Water-Variance)
)
)
)
)
)
)
Dorothy M. Gunn, Clerk
flhinois Pollution Control
Board
James R.
Thompson Center
100 West Randolph Street, Suite.
11-500
Chicago, Illinois 60601
Lake County Department of Public Works
650 West Winchester Road
Libertyville, Illinois
60048
Brett D. Heinrich, Esq.
Meckler Bulger & Tilson LLP
123 North Wacker Drive
Suite
1800
Chicago, Illinois 60606
Dan Jasica, Assistant State’s Attorney
Civil Division
Office of the State’s Attorney of Lake County
18 North County Street
Waukegan, Illinois
60085
PLEASE
TAKE
NOTICE that
I have today filed with the Office of the Clerk of the
Pollution Control Board the MOTION
FOR EXTENSION OF TIME TO FILE
RESPONSIVE PLEADING of the illinois Environmental Protection Agency, a copy of which
is herewith served upon you.
DATED:
November 22, 2005
illinois Environmental Protection Agency
1021
North Grand Avenue
East
Post Office Box 19276
Springfield, illinois 62794-9276
217-782-5544
ILLINOIS ENVIRONMENTAL
PROTECTION
GENCY
By:
r
Charles W. Gunnarson
Assistant Counsel
Division of Legal Counsel
THIS
FILING IS SUBMITTED
ON RECYCLED PAPER
BEFORE
THE ILLINOIS
POLLUTION CONTROL BOARD
C&F PACKING COMPANY, INC. an
)
Illinois
corporation,
)
)
Petitioner,
)
)
PCB 06-053
v.
)
(Water-Variance)
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY and
)
LAKE COUNTY,
)
)
Respondents.
)
MOTION FOR EXTENSION OF TIME TO FILE
RESPONSIVE PLEADING-OF
RESPONDENT ILLINOIS
ENVIRONMENTAL PROTECTION AGENCY
NOW COMES
Respondent, ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY (“Illinois EPA”) by Charles W.
Gunnarson, one of its attorneys,
and
for its
motion for extension oftime to file responsive pleading (“Motion”) states as follows:
I.
According to the notice and proof of service filed by the Petition C&F
PACKING COMPANY,
INC.
(“C&F”),
it filed its variance petition (“Petition”) in the
above-captioned matter with the
Illinois Pollution Control Board (“Illinois PCB”) on
October 28, 2005
and
the Petition was served upon the Illinois EPA on October 29,
2005
via messenger service.
2.
Pursuant to 35 Ill.
Adm.
Code
101.506, all motions concerning the
sufficiency ofpleadings must be
filed within 30 days after service ofthe challenged
document.
Based on the date of service, the Illinois EPA has until November 29, 2005 to
file any pleading pursuant to
35111. Adm.
Code
101.506.
3.
Due to a death
in the family ofcounsel for the Illinois EPA and the
unavailability of other Illinois EPA staff necessary for review of any responsive pleading
It’,
2005
•
prior to filing due to
the impending holiday, counsel for the Illinois EPA has been and
will be unable to adequately prepare
and
complete its response to the Petition by close of
business November 29, 2005.
4.
In light of the above, Respondent ILLINOIS EPA respectfully requests the
Illinois
PCB grant it an extension oftime to file its responsive pleading until December
12, 2005.
Counsel
for the Illinois EPA has spoken with counsels for both C&F
and
Respondent Lake County,
Illinois, prior to
filing this Motion,
and
neither objected to this
request.
WHEREFORE, Respondent IILLII’TOIS EPA respectfully requests that the Illinois
PCB grant it an extension of time until the close ofbusiness December
12, 2005
to
file its
responsive pleading in the above-captioned matter.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
By:
(I~~4L
ç~A~\a~
Charles
.
Gunnarson
Assistant Counsel
Dated:
November 22, 2005
Charles W. Gunnarson
Assistant Counsel
Division ofLegal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Post Office Box
19276
Springfield, Illinois
62794-9276
(217) 782-5544
This document has been
printed on recycled paper
2
)
STATE
OF ILLINOIS
)
)
COUNTY
OF SANGAMON
)
)
PROOF OF SERVICE
I, the undersigned, on oath state that I have served the attached
MOTION FOR
EXTENSION OF TIME TO FILE RESPONSIVE PLEADING, upon the person to
whom it is directed, by placing a copy in
an envelope addressed to:
Dorothy M.
Gunn, Clerk
Brett Heinrich, Esq.
Illinois Pollution Control Board
Meckler Bulger & Tilson LLP
James R. Thompson Center
•
123 North Wacker Drive
100 West Randolph Street,
Suite.
11-500
Suite
1800
Chicago, illinois 60601
Chicago, Illinois
60606
Lake County Department ofPublic Works
Dan Jasica, Assistant State’s
Attorney
650 West Winchester Road
Civil Division
Libertyville, Illinois
60048
Office of the State’~AttorneyofLake County
18 North County Street,
4th
Floor
Waukegan, Illinois 60085
and
mailing it
from
Springfield,
Illinois on
November
22,
20Q5
with
sufficient
postage
affixed for firs(class mail.
SUBSCRIBED AND SWORN TO BEFORE ME
this twenty-second day of November, 2005
4
OFFICIAL
SEAL
~
~
CYNThIAI.. WOLFE
___________________________________
*
NoTMY
PUBLiC,
STATE OF IWNOIS
4
t
MY
COMMISSION EXPIRES
3-204001
THIS FILING IS SUBMITTED ON RECYCLED
PAPER
