RECEIVED

CLERK’S OFFICE

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JOSEPHBETHBRIANA.J.PRAGERE.KOLARLEWIS

FAX (847) 433-6735

—

K0LAR, P. C.

KENNETH H. BROWN

March 4, 2004

Illinois Environmental Protection Agency

Fiscal Services Division

1021 North Grand Avenue East

P.O. Box. 19276

Springfield, IL 62794-9276

Via Federal Express

Re:

Karen & Anthony Roti, et aL, v. LTD Commodities, Inc.

Illinois Pollution Control Board case: PCB 99-19

To Whom It May Concern:

Pursuant to the Illinois Pollution Control Board’s February

5,

2004, decision in the above

case, enclosed is LTD Commodities’ cashier check for $15,000.00 payable to the Treasure ofthe

State of Illinois. Please be advised that LTD has filed with the Illinois Appellate Court, Second

District, a Supreme Court Rule

335

petition for review. Pursuant to that petition, LTD seeks to

reverse the findings ofthe PCB that it is a noise nuisance and imposing the $15,000.00 fine. I

have enclosed a file-stamped copy of that petition. Thus, please be advised that LTD is paying

the $15,000.00 fine under protest and will expect a refund of the fine if LTD prevails on its

appeal ofthe PCB decisions. Unless we hear from you by letter to the contrary, we will assume

that you are accepting this check in accordance with the repayment condition set forth in this

letter. Thank you foryour attention to this matter.

Very truly yours,

BAIZER & KOLAR, P.C.

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enclosure (check)

cc:

Michael Hara

Ms. Dorothy Gunn, Illinois Pollution Control Board (w/o enclosures)