RECEIVED
CLERK’S OFFICE
MAR
102005
STATE OF ILLINOIS
Pollution Control Board
OFFICE
OF THE
AYI’ORNEY GENERAL
STATE OF ILLINOIS
Lisa Madigan
AYI’ORNEY GENERAL
March
7, 2005
The Honorable Dorothy Gunn
Illinois
Pollution
Control
Board
James
R.
Thompson Center,
Ste.
11-500
100 West Randolph
Chicago,
Illinois
60601
Re:
People
v.
Altman-Charter Company, eta!
PCB No. 05-96
Dear Clerk Gunn:
Enclosed
for filing please
find
the
original
and
ten copies
of a NOTICE
OF FILING
and
COMPLAINANT’S
MOTION
FOR
MODIFICATION
OF
FINAL
ORDER
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.
kristen
Laugflriclge
Environmental Bureau
500
South
Second Street
Springfield,
Illinois 62706
(217) 782-9031
KL/pp
Enclosures
500
South Second
Street, Springfletd,
Illinois
62706
•
(217)
782-1090
•
T1’Y: (217) 785-2771
•
Fax: (217)
782-7046
100 West
Randolph Street, Chicago,
Illinois
60601
•
(312)8.14-3000
•
TTY:
(312)
814-3374
•
Fax: (312) 814-3806
1001
East Main,
Carhondale,
Illinois
62901
•
(618)
529-640()
•
‘l”l’Y:
(618)
529-6403
•
Fax:
(618) 529-6416
CERTIFICATE OF SERVICE
I
hereby certify that
I
did
on March
8,
2005, send
by First Class
Mail, with
postage 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 COMPLAINANT’S
MOTION
FOR
MODIFICATION OF FINAL ORDER
To:
ALTMAN-CHARTER COMPANY
a Missouri
corporation
do Mark
C.
Goldenberg
2227 S.
State Route
157
Edwardsville,
IL 62025
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 by
First Class
Mail with
postage thereon fully prepaid to:
Carol Webb
Hearing
Officer
Illinois
Pollution Control
Board
1021
North Grand
Avenue East
Springfield,
IL 62794
‘kristen Laug~ç~’e
~-7”~
Assistant Attorney Ge~f~I
This filing is submitted on
recycled paper.
RECE~VEO
BEFORE THE
ILLINOIS POLLUTION
CONTROL BOARD
CLERK’S OFFICE
PEOPLE OF THE
STATE OF ILLINOIS,
)
MAR
102005
)
STATE OF ILLINOIS
Complarnant,
)
Pollution
Controj Board
Vs.
)
No.
05-96
)
(Enforcement
-
Water, Public
)
Water Supply)
)
VILLAGE
OF NORTH
CITY,
an
Illinois
)
municipal corporation;
LAWRENCE A. LIPE &
)
ASSOCIATES, INC~,
an
Illinois
corporation;
)
ALTMAN-CHARTER
COMPANY, a Missouri
)
corporation; and FURLONG
EXCAVATING,
)
INC., an
Illinois corporation,
Respondents.
COMPLAINANT’S MOTION
FOR MODIFICATION OF FINAL ORDER
.
Complainant,
PEOPLE OF THE
STATE OF ILLINOIS,
by
LISA MADIGAN, Attorney
General of the State of Illinois,
filed
a two-count
Complaint againCt the Respondents, VILLAGE
L
OF NORTH
CITY,
an
Illinois municipal corporation;
LAWRENCE A.
LIPE
& ASSOCIATES,
INC., an
Illinois corporation;
ALTMAN-CHARTER COMPANY,
a Missouri corporation;
and
FURLONG EXCAVATING,
INC.,
an
Illinois corporation,
on
November 17, 2004.
Three
of the
four parties
came to a settlement and
entered stipulations with a request for relief from the
hearing
requirement.
The
Pollution
Control Board
issued its
Final Order on
March
3,
2005.
However, the People
respectfully contend
that the
Board
mistakenly issued
an incorrect Order
as to what was agreed to
between the
People and Altman-Charter
Company.
In the stipulation
filed
by the People on
January 6,
2005, Altman-Charter agreed
to pay a civil penalty of $500,
and further agreed to
perform
a supplemental
environmental project
by a
donation of $2,0000
to
the Benton
School District Greening
Program.
Therefore,
Complainant
hereby moves for
modification of the March
3, 2005,
Final
Order regarding Altman-Charter Company pursuant to
1
Sections
101.520, 101.902 and
101.904(a)
of the Board’s General
Provisions, 35
Ill. Adm.
Code
101 .520,
101 .902,
and
101 .904(a).
WHEREFORE,
Complainant respectfully asks that this
Board
modify its
March
3,
2005,
Final Order.
Respectfully submitted,
PEOPLE OF THE
STATE
OF ILLINOIS,
LISA MADIGAN
Attorney General
State of Illinois
MATTHEW J.
DUNN, Chief
Environme
al
Enforcemen
Division
BY:
F~RISTENLU
RIDG
Environmental Burea
Assistant Attorney General
500
South
Second Street
Springfield,
Illinois
62706
217/782-9031
2
