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: August 29, 2006
BEFORE THE POLLUTION CONTROL BOARD
RE R
,E I V E D
OF THE STATE OF ILLINOIS
OFFICE
SEP
1
12006
L. KELLER OIL PROPERTIES/FARINA,
)
STATE OF
ILLINOIS
Petitioner,
)
Pollution Control Board
V .
)
PCB No. 06-189
PCB No. 06-190
ILLINOIS ENVIRONMENTAL
)
(UST Appeal)
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 Motion for Authorization of Settlement, copies of which are herewith served upon you
.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Respondent
This filing submitted on recycled paper.
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
L. KELLER OIL PROPERTIES/FARINA,
)
Petitioner,
)
v.
)
PCB No. 06-189
PCB No. 06-190
ILLINOIS ENVIRONMENTAL
)
(UST Appeal)
PROTECTION AGENCY,
)
Respondent.
)
MOTION FOR AUTHORIZATION OF SETTLEMENT
NOW COMES the Respondent, the Illinois Environmental Protection Agency ("Illinois
EPA"), by one of its attorneys, Melanie A. Jarvis, Assistant Counsel, and hereby files this
Motion for Authorization of Settlement in this matter and in support thereof, states as follows :
1 .
The Illinois EPA sent two letters to Petitioners on May 22, 2006 that were incorrect
.
As part of the settlement in this case, two new letters were issued to replace
those
issued on May 22, 2006
.
2 .
During settlement negotiations, Petitioner requested reimbursement for attorney fees .
As a part of settlement and not as an admission by the Illinois EPA that payment of
attorney fees would be applicable if a hearing were held in this matter, the Illinois
EPA and the Petitioner agreed to a compromise amount of $2,500 .00 .
3 .
In order to effectuate payment of the agreed settlement amount from the Leaking
Underground Storage Tank Fund, the parties must have Illinois Pollution
Control
Board ("Board") authorization. Pursuant to Section 732.606(g) payments of attorney
fees must be authorized by the Board. Without this authorization, the case cannot be
settled .
RECEIVED
CLERK'S
OFFICE
SEP
1 12006
STATE OF ILLINOIS
Pollution Control Board
WHEREFORE the Respondent, with the agreement of the Petitioner, request that the
Board authorize and order the payment of $2,500 .00 in attorney fees in this case .
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: August 29, 2006
2
CERTIFICATE OF SERVICE
I, the undersigned attorney at law, hereby certify that on August 29, 2006, I served true and
correct copies of a Motion for Authorization of Settlement, byplacing true and correct copies thereof
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 :
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
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
Respondent
iL
-1
0
4-tv
A4-
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)
This filing submitted on recycled paper
.
