RECEIVED
MAY 012006
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
STATE OF ILLINOIS
-
BIGGS BROTHERS SERVICE CENTER, )
Pollution Control Board
Petitioner,
)
v.
) PCB No . 06-88
(LUST Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
)
WAIVER OF MANDATORY DECISION DATE AND REQUEST FOR
POSTPONEMENT OF HEARING
Pursuant to Board Rule 105
.114(a), 35 ILL. ADM . CODE § 105 .114(a), to the
statutory provisions implemented thereby, and to the agreement of counsel, petitioner
Biggs Brothers Service Center ("Biggs"), by its attorneys in this regard, The Sharp
Law Firm, P.C ., waives the mandatory final decision date set forth in Rule 105 .114,
35 ILL. ADM. CODE § 105.114, and requests the Hearing Officer to continue the
hearing scheduled to commence in this case May
3,
2006.
In support, Biggs states that its counsel and counsel for the Illinois Environmental
Protection Agency are discussing principles under which all or significant portions of
the case may be resolved without hearing . While an agreement has not been
reached, there is agreement that delay of the hearing is desirable . The parties are
continuing to explore alternative scenarios for resolving
this complex case, or
significant parts thereof, and Biggs suggests that a status hearing in perhaps two
weeks would be appropriate, at which time the parties would be better able to report
whether and what issues should proceed to hearing and when .
April 28, 2006
BIGGS BROTHERS SERVICE CENTER
By:
CERTIFICATE OF SERVICE
I, the undersigned attorney at law, hereby certify that I served the foregoing
document :
Upon the Clerk byFacsimile to 312-814-3669and Mail to:
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, IL 60601
Upon the Agency by Facsimile to 217-782-9807 and Mail to:
William D . Ingersoll
Managing Attorney
Illinois Environmental Protection Agency
1021 N . Grand Ave . East
Springfield, IL 62702
Upon the Hearinq Officer by Facsimile to 217-524-8508 and Mail to :
Hon. Carol Webb
Illinois Pollution Control Board
1021 N . Grand Ave. East
P.O . Box 19274
Springfield, IL 62794
I further certify that I caused the facsimile transmissions to be made through an
automated system which confirms their receipt and that I caused the mailed copies to
be deposited in the United States Post Office Mail Box at Mt . Vernon, Illinois, in
sealed envelopes with proper first class postage prepaid, before 6 :00 p.m . this date,
addressed as stated above .
April 28, 2006
John1USIlBiggsWaiver.doc
J
T. Hundle
John T . Hundley
THE SHARP LAW FIRM, P .C .
(Formerly the Law Office of Terry Sharp, P.C.)
P .O. Box 906
- 1115 Harrison
Mt
. Vernon, IL 62864
618-242-0246
Counsel for Petitioner Biggs Brothers Service Center
