BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    INTERMART, INC.,
    Petitioner.
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 09-34
    (UST Appeal)
    John
    T.
    Therriault, Assistant Clerk
    Illinois Pollution Control Board
    100 West Randolph Street, Suite 11-500
    Chicago, IL 60601
    NOTICE
    Elizabeth S. Harvey
    Swanson Martin,
    &
    Bell
    One IBM Plaza
    330 North Wabash
    Suite 3300
    Chicago, IL 60611
    PLEASE TAKE
    NOTICE that I have today caused to be filed a MOTION FOR
    EXTENSION
    OF TIME TO FILE AGENCY RECORD with the Illinois Pollution Control Board,
    a copy
    of which is served upon you.
    AssistantStephen
    ~~_~_L~4~
    J.
    Att
    Sylv
    neyrGeneral
    r...:--
    Office
    of the Illinois Attorney General
    Environmental Bureau
    69 West Washington Street,
    18
    th
    Fl.
    Chicago,IL 60602
    (312) 814-2087
    ssylvester@atg.state.il.us
    Dated: December 19, 2008
    Electronic Filing - Received, Clerk's Office, December 19, 2008
    BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    INTERMART, INC.,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    PCB 09.34
    (UST Appeal)
    MOTION FOR EXTENSION OF TIME TO FILE AGENCY RECORD
    Respondent, ILLINOIS ENVIRONMENTAL PROTECTION AGENCY ("Illinois EPA"
    or "Agency"), through its attorney, LISA MADIGAN, Attorney General
    of the State of Illinois,
    and Assistant Attorney General Stephen Sylvester, her duly appointed assistant, respectfully moves
    the Illinois Pollution Control Board ("Board") to extend the time for filing the Agency record. In
    support thereof, the Illinois EPA states
    as follows:
    1.
    On September 29, 2008, Intermart, Inc. ("Intermart") filed a High Priority
    Corrective Action Plan ("CAP") and Budget with the Illinois
    EPA.
    2.
    On October 20, 2008, the Illinois EPA issued its decision, rejecting both the CAP
    and the Budget.
    2.
    On November 24, 2008, the Petitioner filed with the Board a petition for review of
    the Illinois EPA's October 20, 2008decision.
    3.
    In an order entered December 4, 2008, the Board required the Illinois EPA
    to file
    the entire record of its determination by December 24, 2008
    [sic].
    The Board further ordered: "If
    Electronic Filing - Received, Clerk's Office, December 19, 2008
    the Agency wishes to seek additional time to file the record, it must file a request for extension of
    time before the date on which the record is to be filed."
    4.
    The Illinois EPA believes the issues raised by Petitioner in its petition can be
    resolved, if given ample time. Thus, it would
    not be prudent to file the entire record at this time.
    Instead, the Illinois EPA
    is requesting an extension oftime to file the entire record.
    5.
    Counsel for the Illinois EPA has contacted the Petitioner's attorney, and Petitioner
    agrees to the extension
    of time to resolve the issues.
    Therefore, the Illinois EPA respectfully requests the Board to extend the time for filing the
    Agency record for an additional 60 days.
    Respectfully submitted,
    ILLINOIS ENVIRONMENTAL
    PROTECTION
    AGENCY
    By,
    s;{~;/J#
    Assistant Attorney General
    Office
    of the Illinois Attorney General
    Environmental Bureau
    69
    West Washington Street, 18
    th
    Fl.
    Chicago,IL 60602
    (312) 814.2087
    ssylvester@atg.state.itus
    Dated: December 19, 2008
    Electronic Filing - Received, Clerk's Office, December 19, 2008
    I. the undersigned attorney at law, hereby certify that on December 19, 2008, I served true and
    correct copies
    of a MOTION FOR EXTENSION OF TIME TO FILE AGENCY RECORD upon
    the persons and
    by the methods as follows:
    [Electronic filing}
    John T. Therriault, Assistant Clerk
    Illinois Pollution Control Board
    100 West Randolph Street, Suite
    11-500
    Chicago,IL 60601
    [First Class u.s. Mail}
    Elizabeth S. Harvey
    Swanson Martin,
    & Bell
    One IBM Plaza
    330
    North Wabash
    Suite 3300
    Chicago,IL 60611
    Assistant
    s2'etyt;~~-
    AttorGeneral
    Office
    of the Illinois Attorney General
    Environmental Bureau
    69 West Washington Street,
    18
    th
    Fl.
    Chicago,IL 60602
    (312) 814.32087
    ssylvester@atg.state.il.us
    Electronic Filing - Received, Clerk's Office, December 19, 2008

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