~RK~tED
AUG 202004
STATE OF ILLINOI
OFFICE OF THE ATTORNEY GENERAL
Pollution Control Boa~d
STATE OF ILLINOIS
Lisa Madigan
AYFORNEY GENERAL
August 17, 2004
The Honorable Dorothy Gunn
Illinois Pollution Control Board
James R. Thompson Center, Ste. 11-500
100 West Randolph
Chicago, Illinois 60601
Re:
People v.
Whiteway
Sanitation, Inc.
PCB No. 04-140
Dear Clerk Gunn:
Enclosed for filing please find the original and ten copies of a NOTICE OF FILING and
OBJECTION TO DEFENDANT’S MOTION FOR RECONSIDERATION in regard to the above-
captioned matter. Please file the originals and return file-stamped copies of the documents to our
office in the enclosed self-addressed, stamped envelope.
Thank you for your cooperation and consideration.
Very truly yours,
Homan
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
(217) 782-9031
JH/pp
Enclosures
500
South
Second Street. Springfield, Illinois 62706
•
(211) 782-1090
•
TTY: (217) 785-2771
•
l~x:(217) 782-7046
100 \Vesi R~tndolph
Street,
Chiesgo. Illinois 60601
•
(312) 814—3000
•
~l’~1Y:(312) 814—3374
•
Fax: (312) 814—3806
1001 Fast \lain. Carhondale. Illinois 62901
•
(618)
529—6400
•
‘I”l’\: (61$) 529—6403
•
Fax: (61$) 329—6416
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLERK’S
OF~C~
PEOPLE OFTHE STATE OF
)
AUG20 2004
ILLINOIS,
)
STATE OF ILLINOIS
)
Pollution Control Board
Complainant,
vs.
)
PCB No. 04-1 40
WHITEWAY SANITATION, INC.,
)
an Illinois corporation,
Respondent.
NOTICE OF FILING
To:
Clifford
C. Emons
Attorney at Law
123 West Pearl Street
P.O. Box 290
Jerseyville, IL 62052
PLEASE TAKE NOTICE that on this date I mailed for filing With the Clerk of the Pollution
Control Board of the State of Illinois, an OBJECTION TO DEFENDANT’S MOTION FOR
RECONSIDERATION, 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
MATTHEW J. DUNN, Chief
Environmental Enforcement/Asbestos
Litigation Divisi~n
7
1
BY:~—K,~.A—’~
/JAVONNA HOMAN
fAssistant Attorney General
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated: August 17, 2004
li
CLERK’S OFFICE
CERTIFICATE OF SERVICE
AUG
20
20O’~
STATE OF ILLIMOIS
I hereby
certify
that I did on August 17, 2004, send
by First Class Mail, with ~
Control Board
thereon fully prepaid, by depositing in a United States Post Office Box a true and correct copy
of the following instruments entitled NOTICE OF FILING and OBJECTION TO DEFENDANT’S
MOTION FOR RECONSIDERATION
To:
Clifford C. Emons
Attorney at Law
123 West Pearl Street
P.O. Box 290
Jerseyville, IL 62052
and the original and ten copies by First Class Mail with postage thereon fully prepaid of the
same foregoing instrument(s):
To:
Dorothy Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
Suite 11-500
100 West Randolph
Chicago, Illinois 60601
A copy was also sent to:
Carol Sudman
Hearing Officer
Illinois Pollution Control Board
1021 N. Grand Avenue East
Springfield, IL 62794
1~onna~Homan
Assistant Attorney General
This filing is submitted on recycled paper.
RECE~VED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
AUG 29 2004
PEOPLE OF THE STATE OF ILLINOIS,
STATE OF ILLINOIS
Pollution Control Board
Complainant,
vs.
)
PCBO4-140
WHITEWAY SANITATION, INC.,
an Illinois corporation,
Respondent.
OBJECTION TO DEFENDANT’S MOTION FOR RECONSIDERATION
Complainant, PEOPLE OF THE STATE
OF ILLINOIS, by LISA MADIGAN, Attorney
General of the State of Illinois, and the Illinois Environmental Protection Agency (“Illinois EPA”),
hereby objects to the Respondent’s Motion for Reconsideration of the Stipulation. In support of
this objection, the Complainant hereby states as follows
1.
On February 9, 2004, the Complainant filed a Complaint in the above captioned
matter before the Illinois Pollution Control Board.
2.
The Complaint was accepted for hearing on February 19, 2004.
3.
On June 9, 2004, the Complainant and Respondent filed a Stipulation and
Settlement with the Illinois Pollution Control Board.
4.
On July 22, 2004, the Stipulation was accepted by the Board. Parties were given
thirty-five days in which to file an appeal.
5.
On August 6, 2004, the Complainant received a copy of a handwritten letter from
Mrs. Myrtle Pointer, forwarded to the Complainant by the Illinois Pollution Control Board.
6.
The Illinois Pollution Control Board cover letter stated that this handwritten letter
would be looked upon as a request for reconsideration.
7.
Under 35 Ill. Adm. Code 101.902, in ruling on a Motion for Reconsideration,
1
.the Board will consider factors including new evidence, or a change in the law, to conclude
that the Board’s decision was in error.”
8.
In the letter, Mrs. Pointer discusses her marital status and financial situation, as
well as referring to the financial status of the corporation Whiteway. She provides a brief
discussion of some monies due and owing and a projection of what she expects to clear from
sale of some assets and payment of some of her outstanding bills.
9.
There is no suggestion that any of this information constitutes “new evidence” in
any way relevant to the case captioned PCB 04-140. At best it appears to be an attempt to
renegotiate a portion of the terms of the Stipulation previously signed by Mrs. Pointer with the
advice of counsel and already entered by this Board.
10.
There is no suggestion that any portion of the law relevant to the issues and
facts in this case, or to the Stipulation already entered, has been changed.
11.
There is no suggestion that the Board’s decision has been made in error.
12.
At the conclusion of the introductory paragraph of the Stipulation appears this
language: “if the Board approves and enters this Stipulation, Respondent agrees to be bound
by the Stipulation and Board Order and not to contest their validity in any subsequent
proceeding to implement or enforce their terms.”
13.
On August 9, 2004, representatives of the Illinois Environmental Protection
Agency conducted a search of the PACER database maintained by the United States
Bankruptcy Courts.
14.
There were no bankruptcy filings listed on behalf of Mrs. Myrtle Pointer or
Whiteway Sanitation with either the Central or Southern District of Illinois as of August 9, 2004.
Complainant has not received any notice of bankruptcy filing on behalf of Mrs. Myrtle Pointer or
Whiteway Sanitation to date.
15.
Reopening this matter will require Mrs. Myrtle Pointer to incur potentially
2
significant additional legal fees. Also, it is possible that the Respondent will receive a penalty
significantly higher than that already agreed to in the Stipulation in addition to her continued
legal expenses.
16.
It is the position of the Complainant that the Respondent has not raised any
issue or question of fact sufficient to cause this Board to reopen the Stipulation previously
agreed to by both parties. Furthermore, the Respondent has already agreed to be bound by
the terms of the Stipulation and not to further contest those terms. Reopening this matter
would require the expenditure of more time and money by both sides. As such, the
Complainant would respectfully request that this Motion for Reconsideration be denied.
WHEREFORE, Complainant requests that the Board DENY Respondent’s Motion for
Reconsideration and that the Stipulation be allowed to stand as entered.
PEOPLE OF THE STATE OF ILLINOIS,
LISA MADIGAN
Attorney General
State of Illinois
MATTHEW J. DUNN, Chief
Environmental Enforcement/
Asbestos Litigation Division
BY:
___________________
DATE:______
THOMAS DAVIS, Chief
Environmental Bureau
Assistant Attorney General
3
