BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
LONE STAR INDUSTRIES, INC.,
)
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
PCB No. 07-71
(Permit Appeal)
NOTICE
Carol Webb
Katherine
D. Hodge and Thomas G. Safley
Hearing Officer
Hodge Dwyer Zeman
Illinois Pollution Control Board
31 50 Roland Avenue
1021 N. Grand Ave. East
P.O. Box 5776
P.O. Box 19274
Springfield, Illinois 62705-5776
Springfield, Illinois 62794-9274
{First Class Mail)
{First Class Mail)
PLEASE TAKE NOTICE that I have today filed
with the assigned Hearing
Officer a
MOTION FOR EXTENSION OF TIME TO FILE ADMINISTRATIVE
RECORD
of the Respondent, Illiriois Environmental Protection Agency, a copy of
whlch is herewith senred upon the attorneys for the Petitioner.
Respectfully submitted
by,
~obb
H. Layman
(/
Assistant Counsel
Dated: February 28,2007
Illinois
Ellvironmental Protection Agency
102
1 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 524-9137
Electronic Filing, Received, Clerk's Office, March 8, 2007
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
LONESTAR INDUSTRIES, INC.,
:
Petitioner,
1
)
PCB NO. 07-71
v
1
(Perm~t Appeal)
1
ILLINOIS ENVIRONMENTAL
PROTECTTON AGENCY,
1
1
)
Respondent.
MOTION FOR EXTENSION OF TIME TO FILE
ADMINISTRATlVE RECORD
NOW COMES the Respondent, ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY
("Zllinols EPA" or "Respondent"), by and through its attorneys, and pursuant
to 35
Ill. Adm. Code 105.1 16, files with the Hearing Officer this Motion for Extension of
Time to File the Administrative Record in this cause. In support of this Motion, the
Respondent states as follows:
1.
On December 22, 2006, the Illinois EPA granted a revision to a
construction permit, Construction
Pennit No. 06030057, to the Petitioner, LONE STAR
INDUSTFUES, INC. (hereinafter "~oke
Star"),
to allow the use of Agricultural Seed Fuel
Material as an alternative fuel in a
hln operated at the company's Portland cement
manufacturing facility located in
Oglesby; Illinois.
2.
On or about January 26, 2007, Petitioner filed a petition with the Pollution
Control Board ("Board) seeking
an appeal of the Illinois EPA's permitting decision.
Formal notice of the appeal was served on the Illinois EPA on January 29, 2007
Electronic Filing, Received, Clerk's Office, March 8, 2007
3.
In accordance with the Board's procedural requirements set forth in 35 Ill.
Adm. Code 105.1 16, the Illinois EPA's administrative record of the'perinit application is
to
be filed with the Board within 30 days after filing of the petition for appeal: In the
.
.
present case, the Illinois EPA's filing of the administrative record 1s due on Wednesday,
February 28,2007.
4.
At the present time, the parties have had limited opportunities to discuss
the possibility of settlement of the claims
stwounding Petitioner's challenge to the
contested permit conditions. The task of preparing the administrative record of the
. .
permit applicationhas not been completed by the undersigned attorney in advance of the
filing date due to the press of other matters. Moreover, the preparation of the
administrative record would be unduly burdensome unless or until
it becomes evident
that the appeal
cannot be amicably resolved by the parties. For these reasons, the Illinois
EPA seeks an extension of the time to file the administrative record until
adate after such
timethat the parties report to the Hearing Officer that settlement is at an impasse or,
alternatively, a date ordered
by either the assigned Hearing Officer or Board.
5.
The undersigned attorney conferred .with Petitioner's counsel, MI. Thomas
G. Safely, prior to the filing this motion and was informed that Petitioner would not
object
to the relief sought herein
6.
On a related matter, the Illinois EPA has no objection to the Petitioner's
Motion to Stay the Effectiveness of the Contested Permit Conditions that
was'filed
simultaneously with the Petition
Electronic Filing, Received, Clerk's Office, March 8, 2007
WHEREFORE, the Illinols EPA requests that the Heanng Officer grant th~s
Motion extending the time in which the Illinois EPA must file the administrative record
in this cause until a date ifter such time that the parties agree that settlement discussions
are at an impasse or, alternatively, a date ordered by the assigned Hearing Officer or
Board
Respectfully submitted by,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
w
Robb H. Layman
Assistant Counsel
Dated: February 28, 2007
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois
62794-9276
(217) 524-9137
Electronic Filing, Received, Clerk's Office, March 8, 2007
CERTIFICATE OF SERVICE
I hereby certlfy that on the 28" day of February 2007, I did send, by first class
inall and facs~m~le,
the following instrument ent~tled
MOTION FOR EXTENSION OF
TIME TO FILE ADMINISTRATIVE RECORD
to:
Carol Webb
Hearing Officer
Illinois
Pollution'~ont~o1
Board
1021
N. Grand Ave. East
P.O. Box 19274
Springfield, Illinois 62794-9274
and a true and correct copy.of the same foregoing instrument, by First Class Mail with
postage thereon fully paid and deposited into the possession of the United States Postal
Seivice, to:
Katherine-D. Hodge and Thomas
G. Safley
Hodge Dwyer Zeman
31 50 Roland Avenue
P.O. Box 5776
Springfield, Illinois 62705-5776
T4,Aacu
Robb H. ~aymaxd
Assistant Counsel
Electronic Filing, Received, Clerk's Office, March 8, 2007