BROADUS OIL,
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECEIVED
CLERK'S OFFICE
)
MAY 3 Q
2006
Petitioner,
)
Pollution
STATE OF
Control
ILLINOIS
Board
V .
)
PCB 04-31
PCB 05-43
ILLINOIS ENVIRONMENTAL PROTECTION
)
(UST Appeal)
AGENCY,
)
Respondent
.
)
NOTICE OF FILING AND PROOF OF SERVICE
To:
Bradley Halloran, Hearing Officer
Melanie Jarvis
Illinois Pollution Control Board
Division of Legal Counsel
James R. Thompson Center
IL Environmental Protection Agency
100 West Randolph Street, Suite 11-500
1021 N. Grand Ave
. East
Chicago, Illinois 60601
P.O. Box 19276
Springfield, IL 62794-9276
The undersigned certifies that an original and nine copies of Petitioner's Motion for
Extension of Time to File Response were served upon the Clerk of the Illinois Pollution Control
Board, and one copy was served upon the hearing officer and the above party of record in this
case by enclosing same in envelopes with postage fully prepaid, and by depositing said
envelopes in a U .S
. Post Office Mail Box before 5 :30 p .m . in •S
pringfield, Illinois on the)`ff~day
of May, 2006.
Hedinger Law Office
2601 South Fifth Street
Springfield, IL 62703
Telephone
: (217) 523-2753
Fax : (217) 523-4366
hedinger@cityscape .net
THIS FILING IS SUBMITTED ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RE
CLER
CEIVED
KS
BROADUS OIL,
)
MAY 3 0 2006
Petitioner,
STATE OF ILLINOIS
j
Pollution Control Board
v.
)
' PCB 04-31
PCB 05-43
ILLINOIS ENVIRONMENTAL PROTECTION
)
(UST Appeal)
AGENCY,
)
(Consolidated)
Respondent.
)
MOTION FOR EXTENSION OF TIME TO FILE RESPONSE
NOW COMES Petitioner, BROADUS OIL, through its undersigned attorney, and hereby
moves this Board for an extension of time, to and until June 16, 2006, within which to file its
response to the Motion for Summary Judgment, and in support of this motion, states as follows
:
1 .
Responded filed a Motion for Summary Judgment, along with the Administrative
Record in this case, on or about May 8, 2006
.
2.
Pursuant to this Board's Procedural Rule 101
.516
(a), 35 III . Adm. Code
101
.516(a), Petitioner's response to the motion was due to be filed within fourteen
days of service of the Motion for Summary Judgment
.
3
.
At the time of the filing, identified in paragraph 1 above, the hearing officer and
counsel for both parties discussed the filings and subsequent proceedings
. At that
time, Petitioner indicated a likely need for an extension, in order to review the
record and respond appropriately to the Motion
,
for Summary Judgment . Both the
hearing officer and counsel for Respondent indicated no objection to such a
request .
4.
At this time, therefore, Petitioner requests an extension of twenty-eight days, to
and until June 16, 2006, within which to file its'response to the Motion for
Summary Judgment
. The additional time is necessary to permit counsel to review
the record, assure that no additional materials or information will be necessary for
this Board's full review of this case, and marshal all authorities in opposition to
the Motion for Summary Judgment . In addition, counsel may file a cross motion
within the same time period, all of which is intendCd to make the most efficient
use of this Board's and counsels' resources
.
5 .
This motion is being made in good faith, and not for any dilatory or improper
purpose
. Allowance of the motion will prejudice no one, but will permit
Petitioner to adequately respond to the pending motion and review the late-filed
record in this case
.
WHEREFORE, Petitioner, BROADUS OIL, requests an extension of time, to and
until June 16, 2006, within which to file its response to the Motion for Summary
Judgment filed by Respondent herein .
Respectfully submitted,
BROADUS OIL,,
Petitioner,
By its attorney,
Hedinger Law Office
2601 South Fifth Street
Springfield, IL 62703
Telephone : (217) 523-2753
Fax : (217) 523-4366
hedingerQ-t cityscape . net
Hedin
2
