V .
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
To:
Melanie A. Jarvis
Assistant Counsel
Division of Legal Counsel
1021 North Grand Avenue, East
P.O. Box 19276
Springfield, IL 62794-9276
PLEASE TAKE NOTICE
that on November 16, 2006, there was filed with the Clerk of
the Illinois Pollution Control Board of the State of Illinois, an original, executed copy of the
PETITIONER'S AGREED MOTION FOR EXTENSION OF TIME
TO FILE
RESPONSE IN OPPOSITION TO MOTION FOR SUMMARY JUDGMENT,
of the
Knapp Oil Company, copies of which are herewith served upon you .
Dated
: November 16, 2006
Respectfully submitted,
Carolyn S . Hesse
David T. Ballard
Barnes
& Thornburg LLP
One North Wacker Drive
Suite 4400
Chicago, Illinois 60606
(312) 357-1313
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
KNAPP OIL COMPANY,
DON'S 66,
Petitioner,
Respondent .
By :
PCB 06-52
(UST Appeal)
NOTICE OF FILING
Knapp 9i1 Company, Don's 66
One of Its' Attorneys
IThis filing submitted on recycled paper as defined in 35111
. Adm . code 101 .2021
RECEIVED
CLERK'S OFFICE
NOV 1 b 2006
STATE OF ILLINOIS
Pollution Control Board
BEFORE THE POLLUTION CONTROL BOARD E C E I V E D
OF THE STATE OF ILLINOIS
CLERK'S OFFICE
KNAPP OIL COMPANY,
)
DON'S 66,
)
Petitioner,
)
v.
)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent .
)
NOV 1 6 2006
STATE OF ILLINOIS
Pollution Control Board
PCB 06-52
(UST Appeal)
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 :
1 .
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 35 111 . 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
.
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
.
[This filing submitted on recycled paper as defined in 35111 . Adm . Code 101 .2021
5 .
On October 31, 2006, with the agreement of IEPA, Knapp filed a second Motion
for Extension of Time to File a Response in Opposition to IEPA's Motion for Summary
Judgment.
6 .
On November 2, 2006, the Board granted Knapp's second motion and allowed an
extension of time for Knapp to file its response to IEPA's Motion for Summary Judgment to
November 16, 2006 .
7 .
Due to the fact that counsel for Knapp will be engaged in preparing for a hearing
on November 20, 2006 in a separate case before the Board, Knapp will need additional time to
respond to IEPA's Motion for Summary Judgment, up to and including December 8, 2006 .
8 .
IEPA agrees to the extension of time sought in this Motion .
WHEREFORE, Knapp Oil Company requests that the Board grant this Motion, allow
Knapp up to and including December 8, 2006 to file its response to IEPA's Motion for Summary
Judgment, and grant all relief it deems fair and just .
Respectfully submitted,
KNAPP OIL COMPANY, DON'S 66
By:
A~
One of Its Atto
s
Carolyn S . Hesse
David T . Ballard
Barnes & Thornburg LLP
One North Wacker Drive
Suite 4400
Chicago, Illinois 60606
(312) 357-1313
CHD501 DTB 365689v1
jThis riling submitted on recycled paper as defined in 35 111. Adm. Code 101 .2021
2
PROOF OF SERVICE
I, the undersigned, anon-attorney, certify, under penalties pursuant to 735 ILCS 5/1-109,
that I caused to be served the attached
NOTICE OF FILING and PETITIONER'S AGREED
MOTION FOR EXTENSION OF TIME TO FILE RESPONSE IN OPPOSITION TO
MOTION FOR SUMMARY JUDGMENT, via U .S
. Mail, this 16th day of November, 2006,
upon the following :
Melanie A. Jarvis
Assistant Counsel
Division of Legal Counsel
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
ct~.
:eL
ara E. Szynalik
CHDSOI DTB 365893v1
[This filing submitted on recycled paper as defined in 35111 . Adm . code 101 .2021
2
"
e I
