RE CE ~~7ED
THE ILLINOIS POLLUTION CONTROL BOARD
CLt~RK’SOFFrC~
JUL.
31 2003
PEOPLE OF THE STATE OF
)
STATE
OF
ILLINOIS
ILLINOIS,
)
Pollution Control Board
)
Complainant,
)
v.
)
PCB NO. 00-180
)
(Enforcement Land, Air)
JACOBS ENERGY CORP.,
)
an Iowa corporation,
)
Respondent.
REQUEST FOR MODIFICATION OF ORDER
Now Comes, Jacobs Energy, by its attorney Law Offices Roland A Eckert, Roland A
Eckert and requests the Board amend its Order ofAugust 11, 2003 and in support thereof
states as follows:
1.
The People ofthe State ofIllinois at the request ofthe Illinois Environmental
Protection Agency, Complainant and Jacobs Energy, Respondent entered into a
Stipulation and Proposal For Settlement (the “Agreement”) with respect to the maters
advanced in the Complaint.
2.
On July 11, 2003 the Board entered its Opinion and Order (the “Order”) which
provided in pertinent part:
ORDER
1. The Board accepts and incorporates by reference the stipulation and proposed
settlement.
2. Respondent must pay a civil penalty of$10,500 related August 11, 2003,
which is the 30th day after the date ofthis order. Respondent must pay to civil
penalty by certified check or money order, payable to the Illinois Fireman ofTrust
Fund. The case number, Case named, and respondent’s Social Security number or
federal employer identification numbermust be included on the certified check or
money order.
3.
The Agreement provided in pertinent part:
Ix
PROPOSAL FOR SETTLEMENT
1. Respondent JACOBS ENERGY CORP shall begin payments on a total penalty
of$10,500 (ten thousand five hundred dollars) within thirty (30) days ofthe
Board’s Order approving this Stipulation and Proposal for Settlement.
Respondent shall make six payments of
$1750
(one thousand seven hundred fifty
dollars) every 30 days. Payment shall be made by certified check made payable
to, “Illinois Environmental Protection Agency, for deposit into the Illinois
Protection Trust Fund,” and shall be submitted to:
Illinois Internal Protection Agency
Fiscal Service’s Section
1021 North Grand Avenue East
Post Office Box 19276
Springfield, Illinois 62794-9276
The name, number of the case, and Respondent’s Federal Employer Identification
Number (“FEiN”) shall appear on the check. A copy ofthe check and payment
transmittal shall be simultaneously submitted to:
Donna Lutes
Illinois Attorney General’s Office
Environmental Bureau
500 South 2nd Street
Springfield, Illinois 6706
4. The Order, at paragraphs 1 and 2, is internally inconsistent as the provisions for
payment contained in the Agreement, incorporated by reference by paragraph 1, call for a
series of6 installment payments of $1750 beginning August 11, 2003 and every 30 days
thereafter until the sum of$10,500 has been paid as opposed to the payment of$10,500
by August 11, 2003 and set out in paragraph 2 ofthe Order.
WHEREFORE, Respondent, Jacobs Energy Corp., requests the Board modify its Order
ofAugust 11, 2003 to conform to the Agreement and provide at paragraph 2 as follows:
2. Respondent must pay a civil penalty in the total amount of$10,500 in six equal
installments of
$1750
commencing not later thanAugust 11, 2003 which is 30
days after the date as this Order and ending not later than January 11, 2004.
Respondent must pay the civil penalty by certified check or money order, payable
to the Illinois Environmental Protection Agency, for deposit into the
Environmental Trust Fund.
Respectfully submitted,
Jacobs Energy Corp.
~
By: Roland A Eckert
Its Attorney
LawOffices
Roland A Eckert
222 East
WisQonsin Avcnuo, Suite 201
Lake Forest, Illinois 60045
ARDC#0710431