KNAPP OIL COMPANY,
DON'S 66,
Petitioner,
V .
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent .
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
TO :
Melanie A . Jarvis
Assistant Counsel
Division of Legal Counsel
1021 North Grand Avenue East
P
.O
. Box 19276
Springfield, IL 62794-9276
Carolyn S . Hesse
Barnes & Thornburg LLP
One North Wacker Drive
Suite 4400
Chicago, Illinois 60606
(312) 357-1313
299865v!
By :
(UST Appeal)
NOTICE OF FILING
Carol Webb
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
P
.O . Box 19274
Springfield, IL 62794-9274
PLEASE TAKE NOTICE that on October 31, 2006 filed with the Clerk of the Illinois
Pollution Control Board of the State of Illinois an original, executed copy of a Petitioner's
Agreed Motion for Extension of Time to File Response in Opposition to Motion for Summary
Judgment .
Dated: October 31, 2005
Respectfully submitted,
Knapp Oil Company, Don's 66
CQt\
One of Its Atto e
au~-&
s
(This filing submitted on recycled paper as defined in 35 III . Adm . Code 101 .2021
RECEIVEDCLERK'S
OFFICE
OCT 3 1 2006
Pollution
STATE OF
Control
ILLINOIS
Board
CERTIFICATE OF SERVICE
1, on oath state that I have served the attached Petitioner's Agreed Motion for Extension
of Time to File Response in Opposition to Motion for Summary Judgment by placing a copy in
an envelope addressed to :
Melanie A . Jarvis
Assistant Counsel
Division of Legal Counsel
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
Carol Webb
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
P .O. Box 19274
Springfield, IL 62794-9274
from One North Wacker Drive, Suite 4400, Chicago, Illinois, before the hour of 5
:00 p .m., on
this 31 s' Day of October, 2006 .
Carolyn S . He &e
ITbis filing submitted on recycled paper as defined in 35 III. Adm . Code 101 .2021
2
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
REC EIVIED
KNAPP OIL COMPANY,
)
DON'S
66,
OCT
3
1 2006
)
Petitioner,
Pollution
STATE OF
Control
ILLINOIS
Board
)
V .
)
PCB 06-52
(UST Appeal)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent.
)
PETITIONER'S AGREED MOTION FOR EXTENSION OF TIME TO FILE
RESPONSE IN OPPOSITION TO MOTION FOR SUMMARY JUDGMENT
Petitioner, Knapp Oil Company ("Knapp"), by its counsel Barnes & Thornburg, LLP, and
pursuant to 35 Ill . Adm . Code 101 .516(a), moves the Board for an extension of time to file its
Response in Opposition to the Illinois Environmental Protection Agency's ("IEPA") Motion for
Summary Judgment
. In support of its Motion, Knapp states as follows :
I . On October 17, 2005, Knapp filed a Petition for Review of Illinois Environmental
Protection Agency Decision based on IEPA's rejection of a High Priority Corrective Action Plan
and Budget on September 21, 2005 .
2 .
On September 21, 2006, IEPA filed a Motion for Summary Judgment, seeking
that the Board affirm IEPA's decision
. According to 35 Ill
. Adm. Code 101 .516(a), Knapp's
response to IEPA's Motion was due by October 5, 2006 .
3 .
On October 5, 2006, with the agreement of IEPA, Knapp filed a Motion for
Extension of Time to File a Response in Opposition to IEPA's Motion for Summary Judgment
.
This filing submitted on recycled paper as defined in 35111
. Adm . Code 101 .2021
4 .
On October 11, 2006, the Board granted Knapp's
motion and allowed an
extension of time for Knapp to file its response to IEPA's Motion for Summary Judgment to
November 2, 2006 .
5 .
Due to the fact that counsel for Knapp will be engaged in conducting expedited
discovery and preparing for a hearing on a separate case before the Board, Knapp will need an
additional two weeks to respond to IEPA's Motion for Summary Judgment .
6.
IEPA agrees to the extension of time sought in this Motion.
WHEREFORE, Knapp Oil Company requests that the Board grant this Motion, allow
Knapp an additional fourteen (14) days to file its Response in Opposition to IEPA's Motion for
Summary Judgment up to and including November 16, 2006, and grant all relief it deems fair
and just.
Carolyn S . Hesse
David T . Ballard
Barnes
&
Thornburg LLP
One North Wacker Drive
Suite 4400
Chicago, Illinois 60606
(312) 357-1313
CHDS01 DTB 362935,1
Respectfully submitted,
Knapp Oil Company, Don's 66
By :
One
of
Its At rneys
A
(This filing submitted on recycled paper as defined in 35 III . Adm. Code 101.2021
2
