BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
CATERPILLAR LOGISTICS, INC,
)
Petitioner,
)
V .
)
PCB No. 06-148
(Permit Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent
.
)
NOTICE OF FILING
TO :
Dorothy Gunn, Clerk
Illinois Pollution Control Board
James Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Patricia F. Sharkey
Mayer, Brown, Rowe & Maw LLP
71 South Wacker Drive
Chicago, Illinois 60606-4637
BY
:
Dennis E. Brown
Assistant Counsel
Division of Legal Counsel
This Filing Submitted on Recycled Paper
RECEIVED
CLERK'S OFFICE
APR 1 4 2006
Pollution ControlBoard
PLEASE TAKE NOTICE that on April 13, 2006, Respondent, ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY filed with the Office of the Clerk of the Pollution Control Board a
MOTION TO REQUEST EXTENSION OF TIME and ENTRY OF APPERANCE, copies of
which are herewith served upon you .
ENVIRONMENTAL PROTECTION AGENCY
OF THE STATE OF ILLINOIS
Date: April 13, 2006
Illinois Environmental Protection Agency
1021 North Grand Avenue, P .O. Box 19276
Springfield, Illinois 62794-9276
217/782-5544, TDD 217/782-9143
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
CATERPILLAR LOGISTICS, Inc
.,
)
Petitioner,
)
v .
)
PCB No. PCB 06-148
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent .
)
ENTRY OF APPEARANCE
The undersigned, as one of the attorneys, hereby enters his ENTERY OF APPEARANCE on
behalf of Respondent, Illinois Environmental Protection Agency
.
BY
:
ENVIRONMENTAL PROTECTION AGENCY
OF THE STATE OF ILLINOIS
RECEIVED
CLERK'S OFFICE
APR 1 4 2006
STATE OF ILLINOIS
Pollution Control Board
Dennis E. Brown
Assistant Counsel
Division of Legal Counsel
This Filing Submitted on Recycled Paper
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
CATERPILLAR LOGISTICS, INC
.
)
Petitioner,
)
v .
)
PCB No. PCB 06-148
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent
.
)
MOTION FOR EXTENSION OF TIME
NOW COMES the Respondent, the ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY ("Illinois EPA"), and pursuant to 35 Ill . Adm. Code
105.116, moves the Illinois Pollution Control Board ("Board") to extend the time for
filing of the Administrative Record of Permit Decision required pursuant to 35 111
.
Adm. Code 105.116. In support of this motion, the Illinois EPA states as follows
:
1
.
On March 14, 2006, Caterpillar Logistics, Inc . ("Petitioner") filed
with the Board a petition for review ("Petition") of the Illinois EPA's permit
decision resulting in the issuance of operating permit number 73090071, on
February 7, 2006. A copy of the Petition was received by the Illinois EPA, on March
17, 2006 .
2 .
On April 6, 2006, the Board issued an Order in relation to the petition
stating, in part, that the Illinois EPA must file the record of its determination on or
before April 13, 2006
.
RECEIVED
CLERK'S OFFICE
APR 1 4 2006
STATE OF ILLINOIS
Pollution Control Board
3
.
Prior to the date of the Board's April 6, 2006 Order, representatives
of the Illinois EPA and Caterpillar Logistics, Inc . conferred regarding the March
14, 2005 Petition, and discussed settlement of issues set forth within the petition in
resolution of the permit appeal . Based upon discussions mentioned above, the
Illinois EPA anticipates settlement of the all issues relative to objectionable permit
conditions contained within operating permit number 73090071 is likely without
requiring the issuance of an Order and Opinion of the Board based upon the facts
and evidence during a hearing before the Board in this matter
.
4 .
Based upon the foregoing, filing of the administrative record, at this
juncture, will seemingly not be required to further a review of all issues set forth
within the Petition and resolution of the permit appeal
.
For the foregoing reasons, the Illinois EPA respectfully requests that the
Board grant an extension of time to file the Administrative Record of Permit
Decision for an additional 60 days to facilitate resolution of the pending permit
appeal through settlement discussions between the parties
.
Respectfully submitted,
Illinois Environmental Protection Agency
April 13, 2006
Dennis E. Brown
One of Its Attorneys
STATE OF ILLINOIS
)
COUNTY OF SANGAMON
)
PROOF OF SERVICE
I, the undersigned, certify that I have served the attached MOTION FOR EXTENSION OF
TIME and ENTRY OF APPEARANCE upon the person(s) to whom it is directed, by placing the
necessary copies in a first class mail package addressed to
:
Dorothy Gunn, Clerk
Illinois Pollution Control Board
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Patricia F. Sharkey
Mayer, Brown, Rowe & Maw LLP
71 South Wacker Drive
Chicago, Illinois 60606-4637
and mailing it from Springfield, Illinois on April 13, 2006, with sufficient postage affixed
.
This Filing Submitted on Recycled Paper
Dennis E. Brown
Date: April 13, 2006
Illinois Environmental Protection Agency
1021 North Grand Avenue, P.O. Box 19276
Springfield, Illinois 62794-9276
217/782-5544, TDD 217/782-9143
