1
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
SIMONS AUTO SERVICE CENTER,
)
Petitioner,
)
v.
)
PCB No. 09-
ILLINOIS ENVIRONMENTAL
)
(LUST Appeal – Ninety Day Extension)
PROTECTION AGENCY,
)
Respondent.
)
NOTICE
Dorothy M. Gunn, Clerk
Carol Webb, Hearing Officer
Illinois Pollution Control Board
Illinois Pollution Control Board
James R. Thompson Center
1021 North Grand Avenue East
100 West Randolph Street
P. O. Box 19274
Suite 11-500
Springfield, IL 62794-9274
Chicago, IL 60601
Carolyn S. Hesse
Barnes & Thornburg, LLP
One North Wacker Drive,
Suite 4400
Chicago, IL 60606-2833
PLEASE TAKE NOTICE that I have today filed with the office of the Clerk of the
Pollution Control Board a REQUEST FOR NINETY DAY EXTENSION OF APPEAL
PERIOD, copies of which are herewith served upon you.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Respondent
____________________________
Melanie A. Jarvis
Assistant Counsel
Division of Legal Counsel
1021 North Grand Avenue, East
P.O. Box 19276
Springfield, Illinois 62794-9276
217/782-5544
217/782-9143 (TDD)
Dated: December 1, 2008
Electronic Filing - Received, Clerk's Office, December 1, 2008
* * * * * PCB 2009-037 * * * * *
2
CERTIFICATE OF SERVICE
I, the undersigned attorney at law, hereby certify that on December 1, 2008, I served true
and correct copies of a REQUEST FOR NINETY DAY EXTENSION OF APPEAL PERIOD,
with the Board via electronic filing and by placing true and correct copies in properly sealed and
addressed envelopes and by depositing said sealed envelopes in a U.S. mail drop box located
within Springfield, Illinois, with sufficient First Class postage affixed thereto, upon the following
named persons:
John Therriault, Clerk
Carol Webb, Hearing Officer
Illinois Pollution Control Board
Illinois Pollution Control Board
James R. Thompson Center
1021 North Grand Avenue East
100 West Randolph Street
P. O. Box 19274
Suite 11-500
Springfield, IL 62794-9274
Chicago, IL 60601
Carolyn S. Hesse
Barnes & Thornburg, LLP
One North Wacker Drive,
Suite 4400
Chicago, IL 60606-2833
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Respondent
____________________________
Melanie A. Jarvis
Assistant Counsel
Division of Legal Counsel
1021 North Grand Avenue, East
P.O. Box 19276
Springfield, Illinois 62794-9276
217/782-5544
217/782-9143 (TDD)
Electronic Filing - Received, Clerk's Office, December 1, 2008
* * * * * PCB 2009-037 * * * * *
3
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
SIMONS AUTO SERVICE CENTER,
)
Petitioner,
)
v.
)
PCB No. 09-
ILLINOIS ENVIRONMENTAL
)
(LUST Appeal – Ninety Day Extension)
PROTECTION AGENCY,
)
Respondent.
)
REQUEST FOR NINETY DAY EXTENSION
OF APPEAL PERIOD
NOW COMES the Respondent, the Illinois Environmental Protection Agency (“Illinois
EPA”), by one of its attorneys, Melanie A. Jarvis, Assistant Counsel, and, pursuant to Section
40(a)(1) of the Illinois Environmental Protection Act (415 ILCS 5/40(a)(1)) and 35 Ill. Adm.
Code 105.208, hereby requests that the Illinois Pollution Control Board (“Board”) grant an
extension of the thirty-five (35) day period for petitioning for a hearing to March 1, 2009, or any
other date not more than a total of one hundred twenty-five (125) days from the date of service of
the Illinois EPA’s final decision. In support thereof, the Illinois EPA respectfully states as
follows:
1.
On October 21, 2008, the Illinois EPA issued a final decision to the Petitioner.
(Exhibit A)
2.
On November 25, 2008, the Petitioner made a written request to the Illinois EPA
for an extension of time by which to file a petition for review, asking the Illinois EPA join in
requesting that the Board extend the thirty-five day period for filing a petition to ninety days.
(Exhibit B) Tracking information from the Certified Mail number on the final decision indicates
the final decision was received on October 25, 2008. (Exhibit C)
Electronic Filing - Received, Clerk's Office, December 1, 2008
* * * * * PCB 2009-037 * * * * *
4
3.
The additional time requested by the parties may eliminate the need for a hearing
in this matter or, in the alternative, allow the parties to identify issues and limit the scope of any
hearing that may be necessary to resolve this matter.
WHEREFORE, for the reasons stated above, the parties request that the Board, in the
interest of administrative and judicial economy, grant this request for a ninety-day extension of
the thirty-five day period for petitioning for a hearing.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Respondent
____________________________
Melanie A. Jarvis
Assistant Counsel
Special Assistant Attorney General
Division of Legal Counsel
1021 North Grand Avenue, East
P.O. Box 19276
Springfield, Illinois 62794-9276
217/782-5544
217/782-9143 (TDD)
Dated: December 1, 2008
This filing submitted on recycled paper.
Electronic Filing - Received, Clerk's Office, December 1, 2008
* * * * * PCB 2009-037 * * * * *
Electronic Filing - Received, Clerk's Office, December 1, 2008
* * * * * PCB 2009-037 * * * * *
Electronic Filing - Received, Clerk's Office, December 1, 2008
* * * * * PCB 2009-037 * * * * *
Electronic Filing - Received, Clerk's Office, December 1, 2008
* * * * * PCB 2009-037 * * * * *
Electronic Filing - Received, Clerk's Office, December 1, 2008
* * * * * PCB 2009-037 * * * * *
Electronic Filing - Received, Clerk's Office, December 1, 2008
* * * * * PCB 2009-037 * * * * *
Electronic Filing - Received, Clerk's Office, December 1, 2008
* * * * * PCB 2009-037 * * * * *
Electronic Filing - Received, Clerk's Office, December 1, 2008
* * * * * PCB 2009-037 * * * * *
