BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECEIVED
CLERK’S OFFICE
illINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
DEC
062005
)
STATE OF ILLINOIS
Complainant,
)
AC 04-77
Pollution
Control
Board
)
V.
)
(IEPA No.
265-04-AC)
)
FRANK BENCIE,
)
Respondent.
NOTICE OF FILING
To:
Frank Bencie
10220 Bencie Lane
West Frankfort, Illinois
62896
PLEASE TAKE NOTICE that on this date I mailed for filing with the Clerk ofthe Pollution
Control Board ofthe State ofIllinois the following instrument(s) entitled APPEARANCE and
MOTION TO FILE INSTANTER.
Respectfully submitted,
~ll.Ryan
Special
Assistant Attorney General
Illinois Environmental Protection Agency
1021
North Grand Avenue East
P.O.
Box 19276
Springfield, Illinois 62794-9276
(217)
782-5544
Dated:
November 21, 2005
ThIS
FILING
SUBMITtED
ON RECYCLED PAPER
RECEIVED
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLERK’S OFFICE
DEC
062005
ILLINOIS ENVIRONMENTAL
)
Control Board
PROTECTION AGENCY,
)
)
Complainant,
)
AC 04-77
)
V.
)
(IEPA No. 265-04-AC)
)
FRANK BENCIE,
)
Respondent.
)
ENTRY OF APPEARANCE
The undersigned hereby
enters her
appearance in
the
above-captioned
matter
as
counsel for the Illinois
Environmental Protection Agency.
Respectfully submitted,
iche le M. Ryan
Special Assistant Attorney General
DATED:
November 21, 2005
Illinois Environmental Protection Agency
1021
North Grand Avenue East
Springfield,
IL 62702-4059
(217) 782-5544
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
,E CE IV ED
~sLERK’s
OFFICE
ILLINOIS ENVIRONMENTAL
)
DEC
062005
PROTECTION AGENCY;
)
STATE OF ILLINOIS
Polfutit~r~
Control Go
Complainant,
)
AC 04-77
)
V.
)
(IEPA No. 265-04-AC)
)
FRANK BENCIE,
)
Respondent.
MOTION TO FILE INSTANTER
NOW COMES theComplainant, the Illinois Environmental Protection Agency (“Illinois EPA”),
by and through its attorney, Michelle M. Ryan, pursuant to 35 Ill. Adm. Code 101.522, and respectfully
states as follows:
(1)
This matter was initially filed on
May
14,
2004
on behalf ofthe Illinois EPA by the
undersigned attorney.
No
specific
designation of lead
counsel was
made by
Illinois
EPA
in
this
proceeding.
Pursuant to 35 III. Adm.
Code
101 .400(a)(4), the undersigned attorney was designated lead
counsel in this matter by operation ofrule.
(2)
On December 8, 2004, James M. Kropid filed a formal appearance on behalfofIllinois
EPA as the newly assigned attorney.
(3)
The undersigned attorney was reassigned to this matter prior to hearing, participated in
status
calls with the assigned Hearing Officer, and scheduled the matter for hearing on November 17,
2005.
(4)
The undersigned attorney prepared a formal written appearance, as required by
35
Ill.
Adm.
Code
101.400(a)(4), in advance of hearing for filing during the hearing.
However, the required
ThIS
FILING SUBMITtED ON RECYCLED PAPER
documents were inadvertently left on theundersigned attomey’s desk in Springfield when shetraveled to
Franklin County for the hearing.
(5)
No
specific
timeframe
is
set
forth
in
the
Board’s rules
for
the
filing
of a
written
appearance, although the undersigned attorney has previously filed written appearances
at or prior to
hearing.
(6)
Pursuant to 35 Ill. Adm.
Code 101.522, the Board
may allow for an extension oftime for
filing any document
either before or after the due date.
(7)
Respondent did not object at hearing to the lack of a formal written appearance.
(8)
No prejudice will result by granting this motion, as the Hearing Officer and Respondent
were
kept informed of the
assigned
attorney
at
all
times,
and
this
case does not
contain
a
statutory
decision deadline.
WHEREFORE, illinois
EPA requests
that
the Board
grant this
Motion to
File
h~stanter
and
accept the undersigned attorney’s appearance as timely filed.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant
DATED: November 21, 2005
11
£L1t.~Ik~tc~.
Michelle M. Ryan
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021
North Grand Avenue East
P.O. Box
19276
Springfield, Illinois
62794-9276
(217) 782-5544
This
FILING SUBMITtED
ON RECYCLED PAPER
PROOF OF SERVICE
I hereby certify that I did on the 21st day ofNovember,
2005,
send by U.S.
Mail with postage
thereon fullyprepaid, by depositing in
a United States Post OfficeBox
a true and correct copy ofthe
following instrument(s) entitled APPEARANCE and MOTION TO FILE INSTANTER
To:
Frank Bencie
Carol Webb
10220 Bencie Lane
Hearing Officer
West Frankfort, Illinois
62896
Illinois Pollution Control Board
1021
North Grand Avenue East
P.O. Box
19274
Springfield, Illinois 62794-9274
and the original
and nine (9)
true
and correct copies of the same foregoing instruments on the same
date by U.S. Mail with postage thereon frilly prepaid
To:
Dorothy Gunn, Clerk
Pollution Control
Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Michelle M. Ryan
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box
19276
Springfield, Illinois 62794-9276
(217) 782-5544
THIS FILING SUBMIflED ON RECYCLED PAPER
