RECEIVED
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLERK'S
OFFICE
Des Plaines River Watershed
Alliance, Livable Communities
Alliance, Prairie Rivers Network,
and Sierra Club,
Petitioners
)
v.
)
Illinois Environmental Protection
)
Agency and Village of New Lenox,
)
Respondents
)
NOTICE OF FILING
Bradley P . Halloran
Albert F. Ettinger
Hearing Officer
Senior Staff Attorney
Illinois Pollution Control Board
Environmental Law & Policy Center
James R
. Thompson Center, Suite 11-500
35 East Wacker Drive, Suite 1300
100 West Randolph
Chicago, Illinois 60601
Chicago, Illinois 60601
Sanjay K . Sofat
Assistant Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Springfield, Illinois 62794-9276
PLEASE TAKE NOTICE that on May 15, 2006, The Village of New Lenox has filed the
attached joint motion for extension of time to respond to petitioners' post-hearing brief
.
PCB 04-88
(NPDES Permit Appeal)
Roy M
. Harsch
Counsel for New Lenox
Dated: May 15, 2006
Gardner Carton & Douglas LLP
191 North Wacker Drive, Suite 3700
Chicago,
312
312 569-1441
569-3441
Illinois
(Office)(Fax)60606
THIS FILING IS BEING SUBMITTED ON RECYCLED PAPER
MAY 1 5 2006
Pollution
STATE OF
Control
ILLINOISBoard
RECEI
VED
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
MAY 1 5 2006
Pollution
STATE OF
Control
ILLINOISBoard
Des Plaines River Watershed
)
Alliance, Livable Communities
)
PCB 04-88
Alliance, Prairie Rivers Network,
)
and Sierra Club,
)
(NPDES Permit Appeal)
Petitioners
)
v.
)
Illinois Environmental Protection
)
Agency and Village of New Lenox, )
Respondents
)
AGREED MOTION FOR EXTENSION OF TIME
Respondent Village of New Lenox ("New Lenox"), Respondent Illinois Environmental
Protection Agency ("IEPA") (collectively, "Respondents"), Petitioner Des Plaines River
Watershed Alliance, Petitioner Livable Communities Alliance, Petitioner Prairie Rivers Network,
and Petitioner Sierra Club (collectively "Petitioners"), by their respective attorneys, hereby
respectfully request that the Board enter an Order granting an extension of time for the date by
which Respondents are to reply to Petitioners' post-hearing brief and consequently, an extension
of time for which Petitioners' will reply to Respondent's post-hearing brief. In support of this
Motion, the parties state as follows :
I
.
On March 30, 2006, Petitioners and Respondents appeared before the Board at the
Village of Bolingbrook Boardroom in Boilingbrook, Illinois
. The matter was heard by Hearing
THIS FILING IS BEING SUBMITTED ON RECYCLED PAPER
Officer Bradley P
. Halloran
. At the hearing, a briefing schedule was discussed and agreed upon
by Petitioners and Respondents
.
2.
The agreed-upon briefing schedule was set for the following dates
: The
petitioners post hearing brief was due to be filed on or before April 21, 2006
. Respondents'
respective post-hearing brief is due to be filed on or before May 19, 2006
. Petitioners' reply, if
any, is due to be filed on or before June 2, 2006
.
3
. On the week of May 8, 2006, unforeseen circumstances arose such that the
attorney for New Lenox was required to be out of the office for the following two weeks
. On
May 10, 2006, the attorney for New Lenox notified the attorney for the IEPA and the attorney for
Respondents regarding the unforeseen circumstances
. Based on communications between the
attorneys for all the parties, it is Respondents understanding that neither attorney for IEPA nor
Petitioners object to this extension.
4
. Therefore, on behalf of the parties, counsel for New Lenox respectfully requests
an extension of time of fourteen (14) additional days for the due date of its post-hearing response
brief and consequently, twenty-one (21) additional days for Petitioners to respond to
Respondent's brief
. This additional time up to and including June 9, 2006 (respondent's post-
hearing response) and June 23, 2006 (petitioner's reply to respondent's brief), is necessary to
permit counsel to properly respond to petitioner's post-hearing brief
WHEREFORE, Respondent respectfully requests that this Court issue an Order granting
this agreed motion for an extension of time of fourteen (14) days for the date Respondent's post-
hearing brief is due up to and including June 9, 2006 and twenty-one (21) days for the date
Petitioners' response brief is due up to and including June 23, 2006
.
THIS FILING IS BEING SUBMITTED ON RECYCLED PAPER
Respectfully Submitted,
VILLAGE OF NEW LENOX
By:
One of its attorneys
THIS FILING IS BEING SUBMITTED ON RECYCLED PAPER
CERTIFICATE OF SERVICE
1, Roy M
. Harsch, certify that on May 15, 2006, I filed the attached NOTICE OF FILING FOR
THE VILLAGE OF NEW LENOX
. An original was filed, on recycled paper, with the Illinois
Pollution Control Board, James R
. Thompson Center, 100 West Randolph, Suite 11-500,
Chicago, Illinois 60601, and copies were served via United States Mail to those individuals on
the included service list
.
Dated: May 15, 2006
Gardner Carton & Douglas LLP
191 North Wacker Drive, Suite 3700
Chicago,
(312) 569-1441
Illinois
(Office)60606
(312) 569-3441 (Fax)
Roy M. Harsch
Counsel for New Lenox
Gardner Carton & Douglas
191 North Wacker Drive, Suite 3700
Chicago, Illinois 60606
(312) 569-1441
THIS FILING IS BEING SUBMITTED ON RECYCLED PAPER
Bradley P
. Halloran
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center, Suite 11-500
100 West Randolph
Chicago, Illinois 60601
Albert F. Ettinger
Senior Staff Attorney
Environmental Law & Policy Center
35 East Wacker Drive, Suite 1300
Chicago, Illinois 60601
Sanjay K . Sofat
Assistant Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Springfield, Illinois 62794-9276
CHOU 12473856 .1
SERVICE LIST
THIS FILING IS BEING SUBMITTED ON RECYCLED PAPER
