1. NOTICE OF FILING
      2. Proof of Service
BEFORE THE ILLINOIS POLLUTION CONTROL BOAR
RECE~V~
CLER~’~
OF~’E
PEOPLE OF THE STATE OF ILLINOIS
)
s~2
92003
)
Complainant,
)
STATE OF ILL1NO~S
)
PCB NO.
98-148
PoIIut~Ofl
Control
Board
v.
)
(Enforcement)
)
DOREN POLAND, LLOYD YOHO,
and
)
BRIGGS INDUSTRIES, Inc.,
)
)
Respondents.
)
NOTICE OF FILING
TO:
Dorothy Gunn, Clerk, Illinois Pollution Control Board,
100 West Randolph Street,
James
R.
Thompson Center, Suite 11-500, Chicago, IL 60601-3218;
Bradley Halloran, Hearing Officer, Illinois Pollution Control Board,
100
W.
Randolph
Street, Suite 11-500, Chicago, IL 60601
Thomas Davis, Assistant Attorney General, ChiefEnvironmental Bureau, 500 South
Second Street, Springfield,
IL 62706
Doren Poland,
506
East Latimer, Abingdon, IL 61410
Lloyd Yoho and Abingdon Salvage, Inc., 710 North Main Street, Abingdon, IL 61410
Loren West, 381 North Pearl, Galesburg, IL 61401
PLEASE TAKE NOTICE that on September 26, 2003, I mailed for filing with the Clerk
ofthe Pollution
Control Board ofthe State ofIllinois, Briggs’
Section
101.904(a) Motion,
a copy
ofwhich is attached hereto and herewith served upon you.
BRIGGS INDUSTRIES, INC.,
BY:
MOHAN, ALEWELT, PRILLAMAN & ADAMI
BY:
~7otO
Q
~3~j&
Joel A. Benoit
MOHAN,
ALEWELT, PRILLAMAN & ADAMI
1
North Old Capitol Plaza, Suite 325
Springfield, IL 62701-1323
Telephone: 217/528-2517
Facsimile:
217/528-2553
THIS FILING IS
SUBMITTED ON RECYCLED PAPER
C:\Mapa\Briggs\NoticeofFiling.wpd\crk\9/26/03
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
REC~HVED
PEOPLE OF THE STATE OF ILLINOIS
)
CLERJ’S
OFFICE
)
SEP
292003
Complainant,
)
)
PCB NO. 98-148
STATE OF ILLINOiS
v.
)
(Enforcement)
Pol!utjofl
C~ontroI
Board
)
DOREN POLAND, LLOYD YOHO, and
)
BRIGGS
INDUSTRIES, Inc.,
)
)
Respondents.
)
BRIGGS’ SECTION 1O1.9O4(a~
MOTION
NOW COMES Briggs
Industries, Inc., by and through its
attorneys, Mohan, Alewelt,
Prillaman & Adami, and for its Section
10 1.904(a) Motion,
states as follows:
1.
On August 7, 2003, the Board entered an Order setting forth its decision as to the
technical relief and penalty phase regarding the claims filed by the People ofthe
State ofIllinois
in this enforcement action.
2.
The August 7, 2003,
Order requires that all Respondents pay the civil penalties
imposed by September
8,
2003.
3.
The August 7, 2003,
Orderwas not served on counsel for Respondent Briggs.
4.
On September
25,
2003, I was conducting LEXIS computer assisted legal research
concerning Board opinions, and I then discovered the August 7, 2003,
Order.
5.
I immediately instructed the firm’s staff to examine their logs regarding incoming
mail, and none ofthe finn’s incoming mail logs included an entryregarding the August 7, 2003,
Order.
6.
I then telephoned Respondents Poland and Yoho; Respondent Poland’s wife
advised me that Respondent Poland had not received the Order; Respondent Yoho also advised
me that he had not received the Order.
7.
On September 26, 2003, I spoke with Thomas Davis, the Assistant Attorney
General representing the People in this matter, and he advised me that he had received the
August 7, 2003, but he did not know whether it was mailed to him as a separate document or
whetherhe received it as part ofhis weeklypacket ofmail from the Board.
8.
All Respondents are prejudiced by not having been served withthe August 7,
2003, Order because the September 8, 2003, penalty payment date set forth passed before their
receipt of the Order, and interest is now accruing.
9.
Further, Respondent Briggs is prejudiced because the August 7, 2003, Order
contains rulings that will likely impact the prosecution or settlement ofthe Third-Party
Complaints.
10.
My affidavit supporting this motion is attached hereto as Exhibit A.
WHEREFORE, Respondent Briggs requests that the August 7, 2003, Order be modified
to provide that all penalties must be paid no later than October 31, 2003.
I have today mailed the
August 7, 2003,
Order to all interested parties
(~
Certificate ofService regarding August
7,
2003 Order attached hereto as Exhibit B), thus an October 31, 2003, penalty payment date will
be approximately 30 days after their receipt of the August 7, 2003, Order.
-
BRTGGS INDUSTRIES, INC.
Respondent
By
MORAN, ALEWELT, PRILLAMAN & ADAMI
Its attorneys
By
_________
Joel A. Benoit
MOHAN, ALEWELT, PRILLAMAN & ADAMI
1 N.
Old Capitol Plaza, Ste.
325
Springfield, IL
62701
217/528-2517
2
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS
)
)
Complainant,
)
)
PCBNO.98-148
v.
)
(Enforcement)
)
DOREN POLAND, LLOYD YORO, and
)
BRIGGS
INDUSTRIES, Inc.,
)
)
Respondents.
)
STATE OF ILLINOIS
)
)SS.
COUNTY OF SANGAMON)
AFFIDAVIT
I, Joel A. Benoit, and adult resident ofSangamon County, Illinois, if sworn as a witness,
am competent to testif~r
the following facts:
I am the attorney representing Respondent Briggs Industries,
Inc., in the above-captioned
enforcement action.
All statements offact set forth in BRIGGS’
SECTION 101 .904(a)
MOTION are true and
correct.
FURTHER AFFIANT SAYETH NOT.
7
Joel A. Benoit
Subscribed and sworn to me this
~
day of September, 2003.
~BU~STh~OFf~LNOIS
My Commission Exp rCOMM!ssIoNExPss~e.~oo4
(seal)
N:~rnapa\Briggs\Affidavit.wpd\crk\9/26/O3
EXHIBIT
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS
)
)
Complainant,
)
)
PCB NO. 98-148
v.
)
(Enforcement)
)
DOREN POLAND, LLOYD YOHO, and
)
BRIGGS INDUSTRIES, Inc.,
)
)
Respondents.
)
CERTIFICATE OF SERVICE
REGARDING
AUGUST
7. 2003
ORDER
The undersigned certifies that a copy of the August 7, 2003
Board Order was served upon
the following by enclosing the same in envelopes addressed to said parties with postage fully
prepaid, and by depositing said envelopes in a U.S. Post Office mail box in Springfield, Illinois
on the
~
day ofSeptember, 2003:
Doren Poland
Loren West
506
East Latimer
381 North Pearl
Abingdon, IL 61410
Galesburg, IL
61401
Thomas Davis
Lloyd Yoho and
Assistant Attorney General
Abingdon Salvage, Inc.
ChiefEnvironmental Bureau
710 North Main Street
500 South Second Street
Abingdon, IL 61410
Springfield, IL 62706
(without copy of order)
and the original and nine copies by First Class Mail with postage thereon fully prepaid ofthe
same foregoing instrument(s)
TO:
Dorothy Gunn, Clerk
Illinois Pollution Control Board
State of Illinois Center, Suite 11-500
100 West Randolph
Chicago, IL 60601
(without copy oforder)
~,
I~:44.4c~:/
Joel A. Benoit
Joel A. Benoit
MORAN, ALEWELT, PRILLAMAN & ADAMI
1 N.
Old Capitol Plaza, Ste. 325
Springfield,
IL 62701
217/528-2517
THIS FILING IS SUBMITTED ON RECYCLED PAPER.
Proof of Service
The undersigned certifies that a copy ofthe foregoing Section 101.904(a) Motion was
served upon the following attorney ofrecord by enclosing the same in an envelope addressed to
said party with postage fullyprepaid, and by depositing said envelope in a U.S. Post Office mail
box in
Springfield, Illinois on the
4i
day ofSeptember, 2003:
Doren Poland
Loren West
506
East Latimer
381 North Pearl
Abingdon, IL 61410
Galesburg, IL 61401
Lloyd Yoho
Bradley P. Halloran
710 North Main
Street
Hearing Officer
Abingdon, IL 61410
Illinois Pollution Control Board
100 W. Randolph Street, Suite 11-500
Thomas Davis
Chicago, IL 60601
Assistant Attorney General
ChiefEnvironmental Bureau
500 South Second Street
Springfield, IL 62706
and the original and nine copies by First Class Mail with postage thereon fullyprepaid of the
same foregoing instrument(s)
TO:
Dorothy Gunn, Clerk
Illinois Pollution Control Board
State ofIllinois
Center
Suite 11-500
100 West Randolph
Chicago, IL 60601
cy0t6 ~2‘~~d
Joel A. Bendit
Joel A. Benoit
MORAN, ALEWELT, PRILLAMAN & ADAMI
1
N. Old Capitol Plaza, Ste.
325
Springfield, IL 62701
217/528-2517
THIS FILING IS SUBMITTED ON RECYCLED PAPER.
N:\mapa\Briggs\BRIGGS SECTION 101 .wpd\crk\9/26/03
3

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