BEFORE THE ILLINOIS POLLUTION CONTROL BOARD RECEIVED
CLERK'S OFFICE
BROADUS OIL,
)
AUG 1 4 2006
Petitioner,
STATE OF
ILLINOIS
)
Pollution Control 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
Illinois Pollution Control Board
James R
. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Melanie Jarvis
Division of Legal Counsel
IL Environmental Protection Agency
1021 N. Grand Ave
. East
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 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 depositin s id envelopes in a U .S . Post
Office Mail Box before 5
:30 p .m. in Springfield, Illinois on the
y of August, 2006 .
Hedinger Law Office
2601 South Fifth Street
Springfield, IL 62703
Telephone: (217) 523-2753
Fax : (217) 523-4366
hedinger@cityscape .net
e
THIS FILING IS SUBMITTED ON RECYCLED PAPER
MOTION FOR EXTENSION OF TIME
NOW COMES Petitioner, BROADUS OIL, through its undersigned counsel, and hereby
requests a three week extension, to and until August 31, 2006, within which to file its response to
the pending motion for summary judgment filed by Respondent Illinois Environmental
Protection Agency (hereinafter "IEPA")
. In support of the motion, Petitioner states as follows :
1 .
The IEPA filed a motion for summary judgment on or about May 8, 2006
.
2.
By order entered June 8, 2006, the Hearing Officer directed Petitioner to file a
response on or before August 10, 2006 . That order contemplated that Petitioner
would be able to complete a Freedom of Information Act review of the relevant
file in time to file that response .
3.
Contrary to expectations, Petitioner was unable to review the file pursuant to the
Freedom of Information Act until August 4, 2006
.
4.
At this time, Petitioner has had insufficient time to review the documents obtained
from the Freedom of Information Act review, and to fully respond to the IEPA's
pending motion .
5
.
Accordingly, Petitioner requests an additional three weeks, to and until August
31, 2006, within which to file its response to the pending motion
.
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
BROADUS OIL,
RE
CLERK'SCEIVED
OFFICE
Petitioner,
AUG 14 2006
)
STATE
OF
ILLINOIS
V .
)
PCB 04-31
Pollution
Control Board
PCB 05-43
ILLINOIS ENVIRONMENTAL PROTECTION
) (UST Appeal)
AGENCY,
)
(Consolidated)
Respondent .
)
6 .
To assure no prejudice to the Board or parties, Petitioner herewith submits an
additional waiver of the decision deadline, waiving that deadline an additional
ninety days .
7 .
This motion is being made in good faith, and not for any improper or dilatory
purpose . Allowance of the motion will provide Petitioner the opportunity to fully
address the arguments raised in the IEPA's motion for summary judgment, but
should prejudice no one
.
WHEREFORE, Petitioner, BROADUS OIL, requests an extension of time to and
until August 31, 2006, within which to file its response . to the motion for summary
judgment filed by Respondent, ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY .
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
hedinger@cityscape
.net
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