Dennis G . Walsh
Lance C . Malina
Jacob Karaca
KLEIN, THORPE AND JENKINS, LTD .
20 North Wacker Drive, Suite 1660
Chicago, Illinois 60606
(312) 984-6400
Atty. No. 90446
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'n
CLERK'S
ECEIVEDOFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARDNoV
2 9 200E
STATE OF ILLINOIS
THE VILLAGE OF LOMBARD,
)
'ollution Control Board
ILLINOIS, an Illinois
)
municipality corporation,
)
Complainant,
)
PCB No. 04-213
(LUSTS - Cost Recovery)
v.
)
BILL'S AUTO CENTER,
)
BILL'S STANDARD SERVICE
)
and WILLIAM KOVAR,
)
Respondents.
)
NOTICE OF FILING TO RESPONDENTS
To:
Michael J . Maher
Elizabeth S. Harvey
Swanson, Martin & Bell
One IBM Plaza, Suite 3300
Chicago, Illinois 60611
PLEASE TAKE NOTICE that on November 29, 2006, I caused to be filed
with the Clerk of the Illinois Pollution Control Board the STATUS REPORT AND
AGREED MOTION TO STAY PETITION, true and accurate copies of which
are
served on you along with this notice .
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PROOF OF SERVICE
I, Jacob Karaca, an attorney, certify that I served this Notice of Filing and
attachments, by mailing to persons on the Service List above, placed in
envelopes, with proper postage pre-paid, addressed to said persons, and
depositing the same in the U .S
. Mail-chute at 20 North Wacker Drive, Chicago,
Illinois 60606-2903, at or before 5 :00 p .m
. on Novemb- 29,
t
16 .
m`
Jacob Karaca
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
1:1CLERK
ecelver)
THE VILLAGE OF LOMBARD,
NOV 2 9 2006
)
ILLINOIS,
an Illinois
STATE OF ILLINOIS
)
municipality
corporation,
Pollution Control Board
)
Complainant,
)
PCB No
. 04-213
(LUSTS - Cost Recovery)
v.
)
BILL'S AUTO CENTER,
)
BILL'S STANDARD SERVICE
)
and WILLIAM KOVAR,
)
Respondents
.
)
STATUS REPORT AND AGREED MOTION TO STAY PETITION
NOW COMES the Claimant, the VILLAGE OF LOMBARD, by and through its
attorneys KLEIN THORPE and JENKINS, Ltd ., and pursuant to the provisions of the
Illinois Pollution Control Board General Provisions, Section 105 .514, hereby
requests that the Board stay this cause of action for a period of two-hundred ten
(210) days, or until June 27, 2007 . In support of this agreed motion, the Petitioner
states:
1 .
The Village of Lombard, (the "Village") brought this cost-recovery
action against the Defendants for reimbursement of costs related to
soil remediation on Village property adjacent to the Respondents'
property in the Village .
2 .
After discovery and lengthy negotiations, the parties have reached an
agreement and terms of full settlement of the matters related to the
Village's case for cost recovery.
3.
As a part of their consideration to the Village in this agreement, the
Respondents will pay a certain amount of money to the Village over a
six month schedule from the date of the execution of the settlement for
full release of the claims in their Petition .
4.
Thus, the Parties agree that the Illinois Pollution Control Board should
stay these proceedings and retain jurisdiction over this case until all
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:184589 1
payments
have been made and the terms
of the settlement are
satisfied .
5 .
"The decision to grant or deny a motion for stay is 'vested in the sound
discretion of the Board
."' Midwest Generation EME, LLC, v
. Illinois
Environmental Protection Agency,
2006 WL 2581021, *3 (III
. Poll'n
Control Bd ., Aug. 17, 2006) (quoting
People v . State Oil Co .,
PCB 97-
103 (III . Poll'n Control Bd., May 15, 2003), affd sub
nom State Oil Co .
v. PCB, 822 N .E
.2d 876 (2d Dist . 2004)) .
6 .
The agreement between the Parties provides that the Village will
voluntarily dismiss this case within 10 business days after the final
payment is made.
7 .
There is no decision deadline pending in this case, and therefore no
waiver pursuant to Section 105
.514 is required .
8.
No prejudice will result to either party or the public in general if this
stay is executed
; indeed, such a stay will allow the parties to fully
resolve their issues related to the prior soil remediation in question in
this Petition .
WHEREFORE, the Petitioner, Village of Lombard, respectfully requests, and
as agreed by the Respondents, that this Board enter an order staying this case for
two-hundred ten (210) days, or until
June 27, 2007,
to provide for the final resolution
of this Petition according to the terms agreed to by the Parties in resolution of their
dispute .
Dated
: November2j,
2006.
Dennis G . Walsh
Lance C . Malina
Jacob Karaca
KLEIN, THORPE and JENKINS, Ltd
.
20 North Wacker Drive, #1660
Chicago, Illinois 60606
(312) 984-6400
Atty. No. 90446
