FEB
    19
    2004
    BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    STATE OF ILUNOIS
    Pollution Control Board
    People of the State of
    Illinois,
    Lisa Madigan, Attorney General
    of the State of Illinois,
    Complainant
    )
    PCB-04-98
    (Enforcement
    -
    V.
    )
    Multimedia)
    Onyx Environmental Services,
    L.L.C., a Delaware limited
    liability company, and AURA
    II,
    Inc., a Wisconsin
    Corporation
    Respondents
    MOTION
    FOR STAY OF PROCEEDINGS
    Comes
    now
    Respondent, Onyx
    Environmental
    Services,
    L.L.C.
    (OES),
    and respectfully requests
    its
    Motion for Stay of Proceedings
    be granted.
    In support of this Motion, OES states as follows:
    1.
    On
    December
    18,
    2003,
    Complainant
    filed the
    Complaint
    in
    the
    above-referenced
    matter.
    The
    Complaint was served
    on OES on December 23, 2003.
    2.
    During
    late 2003,
    Complainant and OES
    conducted settlement negotiations which
    ultimately
    led
    to
    an agreement on the civil penalty amount OES will pay.
    3.
    This agreement was
    memorialized
    in
    a letter from
    Illinois Assistant Attorney General Zemerehet
    Bereket-Ab
    to
    OES
    dated
    January
    14,
    2004.
    In
    that
    letter,
    Mr.
    Zemerehet
    Bereket-Ab
    stated
    that
    he
    intended to circulate a draft settlement document “in the near future.”
    4.
    Based
    on
    this
    letter,
    Counsel
    for
    OES
    had
    expected
    to.receive
    a
    draft
    settlement
    agreement
    before
    the
    February 20,
    2004 deadline for answering
    the
    Complaint.
    However,
    no
    draft
    has
    yet
    been
    provided.
    5.
    In
    view
    of the
    agreement
    in
    principle
    between
    the
    parties,
    it
    would
    be
    a
    waste
    of
    resources
    to
    require
    further pleading in this
    matter
    until and
    unless the
    parties
    are unable
    to
    reach
    a final
    settlement
    agreement.
    THEREFORE,
    Respondent,
    Onyx
    Environmental
    Services,
    L.L.C.,
    respectively
    requests
    its
    MotiOn for Stay of Proceedings be granted.
    ONYX
    ENVIR
    L SERVICES, L.L.C.
    By
    ~
    Greig
    R. Siedor
    (I)ny~:
    ~:fl\’~
    ~
    ~
    ~
    ~
    700
    ~
    ~
    ~
    ‘~/1EI’.
    1I41/\.
    Environnenicnt
    0
    ~
    ~
    RECEIVED
    CLERK’S OFFICE
    CERTIFICATE OF SERVICE
    FEB
    19
    2004
    STATE OF ILLINOIS
    I hereby certify that copies of Respondent Onyx Environmental Services,
    L
    j~cJv1d1~iintrOI
    Board
    for Stay of Proceedings were mailed as follows:
    1.
    One copy, via first class
    mail, to:
    Debra A. Slater
    Weiss Berzowski Brady LLP
    700 North
    Water Street, Suite
    1500
    Milwaukee,
    WI
    53202
    Mitchell Feinberg
    Chuhak & Tecson, P.C.
    30 South Wacker Drive, Suite 2600
    Chicago,
    IL
    60606
    Zemeheret Bereket-Ab
    Assistant Attorney General
    Environmental Bureau
    Office of the Attorney General
    188 West
    Randolph
    Street,
    20th
    Floor
    Chicago,
    IL
    60601
    2.
    One copy, via UPS Overnight, to:
    Bradley
    P. Halloran
    Hearing Officer
    Illinois Pollution Control Board
    James
    R. Thompson Center
    100 West
    Randolph
    Street, Suite
    11-500
    Chicago,
    IL
    60601
    3.
    The original and nine copies,
    via UPS Overnight,
    to:
    Clerk
    Illinois Pollution Control Board
    100 West
    Randolph Street
    James R. Thompson Center, Suite
    11-500
    Chicago,
    IL
    60601
    Greig R.
    Siedor
    Onyx Environmental Services, L.L.C.
    700 East
    Butterfield Road, Suite 201
    Lombard,
    IL
    60148

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