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ILLINOIS POLLUTION CONTROL BOARD
NOVEON, INC.
Petitioner,
v.
?
PCB 04-102
(Permit Appeal – Air)
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent
NOTICE OF MOTION
Via E-Mail and First Class Mail
TO: Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center, Suite 11-500
100 W. Randolph Street
Chicago, IL 60601
John T. Therriault
Assistant Clerk
Illinois Pollution Control Board
James R. Thompson Center, Suite 11-500
100 W. Randolph Street
Chicago, IL 60601
PLEASE TAKE NOTICE
that today I have filed with the Clerk of the Office of the
Illinois Pollution Control Board a Motion to Reschedule Hearing set for December 20, 2007 in
this above titled matter. A copy is hereby served upo you.
BY
Dated: December 14, 2007
Roy M. Harsch, Esq. ARDC # 1141481
DRINKER BIDDLE GARDNER CARTON, LLP
191 N.
Wacker Drive - Suite 3700
Chicago, IL 60606
(312) 569-1451
THIS FILING IS BEING SUBMITTED ON RECYCLED PAPER
ILLINOIS POLLUTION CONTROL BOARD
NOVEON, INC.
Petitioner,
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v.
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PCB
04-102
(Permit Appeal — Air)
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent
MOTION TO RESCHEDULE HEARING
Petitioner by its attorneys DrinkerBiddleGardnerCarton LLP, hereby requests that the
Hearing Officer grant this motion to reschedule the December 20, 2007 hearing in this matter. In
support, of this motion Petitioner states as follows:
1.
A hearing is scheduled in this matter for December 20, 2007, at 8:30 am at the
Municipal Building, Council Chamber, 426 E. Park Row, Henry, IL.
2.
Ms. Sally Carter of the Illinois Environmental Protection Agency ("IEPA") has
informed the Hearing Officer and Petitioner that she currently does not have a Special Attorney
General approved to represent the IEPA in this matter due to unresolved issues between the
IEPA and the Illinois Attorney General's Office.
3.
Due to the circumstance enumerated above, Petitioner is willing to provide the
IEPA a period of time to determine and obtain appropriate counsel.
4.
IEPA does not oppose this motion and the Hearing Officer was informed of this at
its most recent status conference on December 13, 2007.
•
fully Sub
ti
of the At r'ff-ys for Peti loner
5.
Petitioner confirms that the following dates are mutually acceptable in
rescheduling the hearing: January 30
111,
January 31 st, February 5th
,
and February 6 th of 2008.
6.
Petitioner asserts that if the matter between IPEA and the Illinois Attorney
General's Office has not been resolved at the time of the rescheduled hearing date, Petitioner will
nevertheless proceed with the matter at such time.
Wherefore, Petitioner respectfully requests that the IPCB grant this Motion to
Reschedule the Hearing in this matter basscro-n
the above.
Dated: December 14, 2007
CERTIFICATE OF SERVICE
I, Roy M. Harsch, an attorney, hereby certify that on December 14, 2007 a copy of the
foregoing Motion to Continue Hearing, was sent to the following via e-mail and First Class mail:
Thomas Davis
Illinois Attorney General's Office
500 South Second Street
Springfield, IL 62794-9276
tdavisAatg.state.il.us
Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center, Suite 11-500
100 W. Randolph Street
Chicago, IL 60601
hallorabipcb.state.il.us
Sally A. Carter
Illinois Environmental Protection Agency
1021 N. Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
Sally.Carter@illinois.gov
C1101/ 12525815.1