RECjV
CLERK’S
OFFICE
AUG
31
2009
OFFICE
OF
THE ATTORNEY
GENERALSTATE
OF
ILLINOIS
STATE
OF ILLINOIS
Control
Board
Lisa
Madigan
ATTORNEY
GENERAL
August
27, 2009
John T.
Therriault, Assistant
Clerk
Illinois
Pollution Control
Board
James R. Thompson
Center,
Ste.
11-500
100 West Randolph
Chicago,
Illinois
60601
Re:
People v. Gary
Simmons,
individually,
andLawrence
CountyDisposalCentre,
Inc.,
an Illinois
corporation,
PCB
No.
06-1
59
Dear
Clerk:
Enclosed
for filing
please find
the
original
and ten
copies
of a
MOTION
FOR
EXTENSION
OF
TIME
TO SUBMIT
CALCULATIONS
ON TIME
USE VALUE OF
$118,421.90
and AFFIDAVIT
OF
ATTORNEY FEEES
in regard
to the above-captioned
matter.
Please
file the originals
and
return
file-stamped
copies
to me in the enclosed,
self-addressed
envelope.
Thank
you
for
your cooperation
and
consideration.
Very truly
yours,
Phillip
McQuillan
Environmental
Bureau
500
South Second Street
Springfield,
Illinois 62706
(217)
782-9031
PM/pjk
Enclosures
500
South Second Street, Springfield,
Illinois
62706
• (217)
782-1090
• TTY: (877)
844-5461
• Fax:
(217)
782-7046
100
West Randolph Street, Chicago,
Illinois 60601
• (312)
814-3000
• TT’Y:
(800)
964-3013 • Fax:
(312)
814-3806
1001
5,f,.
L)001 * (ClQ 70 IARO
‘TT’V.
(Q71\
(1120 —
t’. /1O\ n
BEFORE
THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE
OF
ILLINOIS,
)
Complainant,
)
v
)
PCB NO 06-159
)
(Enforcement)
GARY SIMMONS, individually, and
)
LAWRENCE COUNTY DISPOSAL
)
CENTRE, INC., an Illinois corporation,
)
Respondents.
)
NOTICE OF FILING
To.
Gary Simmons
CLE
2101
South
Sievers
Road
iJ(3
31
2009
Vincennes IN
47591
iLLiI4O
ST!E
‘
ntro
Boaid
Lawrence County
Disposal
Centre, Inc.
p0
ilutlOfl
O
C/o National Registered Agents, Inc.
200 West Adams Street
Chicago, IL 60606
PLEASE TAKE NOTICE that on this date I mailed for filing
with
the
Clerk
of the Pollution
Control
Board of the State of Illinois,
a
MOTION FOR
EXTENSION OF TIME TO
SUBMIT
CALCULATIONS ON TIME USE VALUE OF
$118,421.90
and
AFFIDAVIT OF ATTORNEY FEES,
a copy
of which is attached hereto and herewith served upon you.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN
Attorney General of the
State of Illinois
MATTHEWJ. DUNN, Chief
Environmental Enforcement/Asbestos
LWgati
Phillip
M6Quillan
Assistant Attorney General
Environmental Bureau
500
South Second Street
Springfield, Illinois 62706
217/782-9031
Dated: August
27,
2009
CERTIFICATE
OF
SERVICE
I
hereby certify that
I
did on August
27, 2009,
send by First Class
Mail, with
postage
thereon fully prepaid,
by depositing
in
a United
States Post
Office Box a true
and correct copy
of
the
following instrument
entitled
MOTION
FOR
EXTENSION
OF
TIME TO SUBMIT
CALCULATIONS
ON TIME USE
VALUE
OF
$118,421.90
and AFFIDAVIT
OF ATTORNEY
FEES
To
Gary Simmons
2101 South Sievers
Road
Vincennes,
IN 47591
Lawrence
County
Disposal Centre,
Inc
C/o National
Registered Agents,
Inc.
200 West
Adams Street
Chicago,
IL 60606
and the original
and ten copies by
First Class Mail with
postage
thereon
fully prepaid
of the
same foregoing
instrument:
To:
John
T.
Therriault, Assistant
Clerk
Illinois Pollution Control
Board
State of Illinois
Center
Suite 11-500
100 West
Randolph
Chicago,
IL 60601
A copy
was also sent
by
First Class
Mail with postage
thereon fully prepaid
To:
Carol
Webb
Hearing
Officer
Illinois Pollution
Control Board
1021 North
Grand Avenue
East
Springfield,
IL
62794
Sr.
Phillip
Assistant
Mc
illan
Attorney( General
This
filing
is
submitted
on recycled paper.
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
PEOPLE
OF
THE STATE
OF ILLINOIS,
)
cx rd. LISA
MADIGAN,
Attorney
General
)
of
the
State
of
Illinois,
)
)
Complainant,
)
)
v.
)
NO.
06-159
)
(Enforcement)
GARY SIMMONS,
individually,
and
)
LAWRENCE
COUNTY
DISPOSAL
CENTRE,
)
ECJVED
INC.,
an
Illinois
corporation,
)
CLERK’S
OFFICE
Respondent.
AUG
31
2009
STATE
OF
ILUNOIS
PoHutiOn
Control
Board
MOTION
FOR EXTENSION
OF TIME
TO
SUBMIT
CALCULATIONS
ON TIME
USE
VALUE OF
$118,421.90
Complainant,
PEOPLE
OF THE STATE
OF
ILLINOIS,
by LISA
MADIGAN,
Attorney
General
of the State
of Illinois,
and pursuant
to 35
Ill.
Adm.
Code
Sections 101.502,
101.422
and
101.610(n),
requests
that
the
Illinois Pollution
Control
Board
grant
Complainant’s
Motion
for
Extension
of Time
to
Submit Calculations
on Time
Use
Value
of
$118,421.90.
In
support of
this
Motion,
Complainant
states
as
follows:
1.
On or about
July 23,
2009, in an
INTERIM
OPINION
AND
ORDER
OF THE
BOARD,
the Board
ordered
Complainant
to
perform
the
necessary
calculations,
with
explanations
of how
they
are
reached, as
to the
time
use value
of
$118,421.90,
to
be filed
within
35
days, that
is on or
before August
27, 2009.
2.
Complainant
has attempted
to
locate a
mathematical
formula
to submit
the
necessary
calculations
to
the Board,
but
Complainant
has
been unable
to locate
an applicable
mathematical
formula
to date.
3.
Now
that
Illinois
colleges
and universities
are
back in
session,
the
undersigned
intends
to
contact
math
and
business
departments
at
various
schools
to ask for
assistance
in
completing
this
task.
4.
The
purpose
of this
motion
for extension
of
time
is
not
to
cause
delay;
the
purpose
is to
adequately
comply
with
the Board’s
Order.
5.
The
granting
of this
motion
will
not
prejudice
the parties,
but will serve
the
ends
ofjustice.
WHEREFORE,
for
the above
and
foregoing
reasons,
Complainant,
PEOPLE
OF THE
STATE
OF ILLINOIS,
respectfully
requests
that the
Illinois Pollution
Control
Board
grant
this
Motion
for Extension
of Time,
and allow
the
Complainant
an extension
of time for
30 days,
or
until
September
26,
2009,
in which
to submit
its calculations
on
time use value
of
$1
18,421.90
to
the
Illinois
Pollution
Control
Board in compliance
with
the Interim
Opinion
and Order
of
the
Board.
Respectfully
submitted,
PEOPLE
OF
THE
STATE
OF
ILLINOIS,
LISA
MADIGAN,
Attorney
General
of the State
of Illinois,
MATTHEW
J.
DIJNI’J,
Chief
Environmental
Enforcement/Asbestos
Litigation
Division
BY:______
PHILLIP
McQUIL
AN
Assistant
Attorney
General
500
South
Second
Street
Springfield,
Illinois
62706
217/782-9031
Dated:
August
26,
2009
BEFORE THE
ILLINOIS
POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF
ILLINOIS,
)
ex rel. LISA MADIGAN, Attorney
General
)
of the State of Illinois,
)
)
Complainant,
)
)
v.
)
NO. 06-159
)
(Enforcement)
GARY
SIMMONS, individually,
and
)
LAWRENCE COUNTY DISPOSAL CENTRE,
)
INC., an Illinois corporation,
)
)
Respondent
AFFIDAVIT
OF ATTORNEY FEES
I,
Phillip McQuillan, pursuant
to
Section
1-109 of the Code of Civil Procedure,
735 ILCS
5/1-109 (2008),
regarding the above captioned
case, state as follows:
1.
I
am
a
duly licensed as an attorney
in the State of Illinois.
2.
I work for the Office of Attorney General,
State of
Illinois.
3.
The details of the work herein are as follows:
Date
Description of Work
Hours at
$140.00/Hr
Amount
02/08/06
Draft Complaint
3.5
$490.00
08/03/07
Deposition of Mr. Simmons
1.0
140.00
10/29/08
Hearing
2.0
280.00
12/04/08
Begin
Complainant’s Brief
2.0
280.00
12/09/08
Complete
Complainant’s Brief
2.5
350.00
Total
$1,540.00
4.
The
undersigned submits that the aforementioned
work performed was necessary
and
reasonable.
Under
penalties
as
provided
by
law pursuant
to
Section
1 109 of the Code
of Civil
Procedure,
the undersigned
certifies that
the statements set
forth in this instrument
are
true
and
correct, except
as to
matters
therein
stated to be on information
and belief
and as to such
matters
the undersigned
certifies as
aforesaid that he verily
believes the
same
to be true.
Phillip
McQuillan
?nuiip
vicQuiiiaii i, I
22i3
500
South Second
Street
Springfield,
Illinois 62706
217/782-9031
Dated: August
26, 2009