1. NOTICE OF FILING
      2. CERTIFICATE OF SERVICE
      3. ENTRY OF APPEARANCE OF ROBERT B. HOLTSCLAW
CLERK’S OFACE
AUG
20
2004
BEFORE
THE ILLINOIS
POLLUTION
CONTROL BOAP~.ATEOF
ILLINOIS
Pollution Control
Board
JOHN PRIOR
d/b/a
PRIOR
OIL
)
COMPANY
and
JAMES
MEZO
d/bla
)
MEZO
OIL
COMPANY,
)
)
Respondents.
)
PCB 02-177
(Enforcement
-
Land, Water)
NOTICE OF FILING
TO:
Ms. Dorothy M. Gunn
Clerk ofthe Board
Illinois Pollution
Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois
60601
(VIA FIRST
CLASS MAIL)
(SEE
PERSONS ON ATTACHED LIST)
Sally A. Carter, Esq.
Assistant Attorney General
Office of the Attorney General
500 South Second Street
Springfield, Illinois
62706
(VIA FIRST CLASS MAIL)
PLEASE TAKE NOTICE that I have today filed with the Office ofthe Clerk of
the Illinois Pollution Control Board an original
and nine copies ofan
ENTRY OF
APPEARANCE
OF ROBERT
B.
HOLTSCLAW
and MOTION FOR STAY OF
FINAL ORDER PENDING DIRECT
REVIEW
IN APPELLATE COURT
by John
Prior,
d/b/a Prior Oil Company,
copies ofwhich are herewith served upon you.
Respectfully submitted,
JOHN’
PRIOR, d/b/a PRIOR OIL
COMPANY,
Respondent,
Dated:
August
18, 2004
By:
Robert B. Holtsclaw
HODGE
DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield,
Illinois
62705-5776
(217) 523-4900
One ofHis Attorneys
PEOPLE OF THE
STATE OF ILLINOIS,
)
)
Complainant,
)
)
v.
)
)
THIS
FILING
IS SUBMITTED ON RECYCLED PAPER
CERTIFICATE OF SERVICE
I, Robert B.
Holtsclaw, the undersigned, hereby certify that I have served the
attached ENTRY OF APPEARANCE OF ROBERT B. HOLTSCLAW and MOTION
FOR STAY OF FINAL ORDER PENDING DIRECT REVIEW IN APPELLATE
COURT upon:
Ms. Dorothy M. Gunn
Clerk ofthe Board
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois
60601
Mr.
James Mezo
418 East Main Street
Post Office Box 220
.Benton, Illinois
62812
Sally A. Carter, Esq.
Assistant Attorney General
Office
ofthe Attorney General
500 South Second Street
Springfield, Illinois
62706
by depositing said documents in the United States Mail, postage prepaid, in Springfield,
Illinois,
on
August
18, 2004.
~itf
Robert B.
Holtsclaw
PRIR:OO1/Filings/PCB NOF-COS
—
Motion for Stay
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
AUG
202004
STATE OF ILLINOIS
PEOPLE OF
THE STATE OF
ILLINOIS,
)
Pollution Control
Board
)
Complainant,
)
)
v.
)
PCB 02-177
)
(Enforcement
-
Land, Water)
JOHN PRIOR d/b/a PRIOR OIL
)
COMPANY and JAMES MEZO d/b/a
)
MEZO OIL COMPANY,
)
)
Respondents.
)
ENTRY OF APPEARANCE OF ROBERT B. HOLTSCLAW
NOW
COMES
Robert B.
Holtsclaw, ofthe
law firm ofHODGE DWYER
ZEMAN,
and hereby enters his appearance on behalfofRespondent,
JOHN PRIOR,
d/b/a
PRIOR OIL COMPANY.
Respectfully submitted,
JOHN PRIOR,
d/b/a PRIOR OIL
COMPANY,
Respondent,
By:
Robert B. Holtsclaw
Dated: August
18,
2004
Robert B. Holtsclaw
HODGE
DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield,
Illinois
62705-5776
(217) 523-4900
PRIR:OO 1/FiIJPCB EOA-RBH
BEFORE THE ILLINOIS
POLLUTION CONTROL RO.~JD
R
PEOPLE OF
THE STATE OF
ILLINOIS,
~
CL
)
pUG2UOO4
Complainant,
)
-rt
r~F
tLLI
)
STP~”~
trot Boa~
v.
)
~t~D~~Ofl
)
(Enforcement
-
Land, Water)
JOHN
PRIOR d/b/a PRIOR
OIL
)
COMPANY and JAMES
MEZO dlb/a
)
MEZO OIL COMPANY,
)
)
Respondents.
)
MOTION FOR STAY OF FINAL
ORDER
PENDING DIRECT
REVIEW
IN APPELLATE COURT
COMES NOW Respondent, JOHN PRIOR
d/b/a
PRIOR
OIL
COMPANY
(“Prior”), by and through his attorneys, HODGE DWYER ZEMAN, and hereby moves
the illinois Pollution
Control Board (“Board”) to stay the effectiveness ofthe Final Order
issued by the Board
on July
8,
2004,
in this matter, pursuant to Illinois Supreme Court
Rule 335.
In support thereof
Prior states as follows:
1.
On July
8,
2004, the Board issued a Final Order
in this matter, which
found that Prior committed 26 violations oftheillinois Environmental Protection Act (415
ILCS
5
(2002)) and ordered him to pay a civil penalty of$3 00,000 and thePeople’s attorney
fees in the amount of$6,600.
2.
The Board’s July 8, 2004, Final Order was served
on Prior by Certified
Mail on July
19,
2004.
3.
Prior will be filing a Petition for Review with the Fifth District Appellate
Court on orbefore August 23,
2004, in order to preserve his right to appeal
in this
matter.
4.
A stay of effectiveness ofthe Final Order is needed to
prevent irreparable
harm to Prior and to protect a certain and
clearly ascertainable right of the Respondent,
the right to
appeal Final Orders ofthe Board.
5.
The Board’s July
8,
2004, Final Order only required Prior to pay a
substantial civil
penalty and the attorney fees ot~
the People ofthe State’ofIllinois and did
not contain a requirement to cease and desist from any actions or perform any actions
other than the payment ofthe civil penalty and attorney fees.
6.
The People ofthe State ofIllinois and ‘the environment will not be harmed
if a stay is
granted.
WHEREFORE,
the Respondent, JOHN PRIOR d/b/a PRIOR OIL COMPANY,
moves the Illinois Pollution Control Board to grant a stay ofthe Final Order issued on
July
8,
2004, until the Appellate Court’s final action in this matter.
Respectfully submitted,
JOHN PRIOR d/b/a PRIOR OIL COMPANY,
Respondent,
By:___
One ofHis Attorneys
Dated:
August
18, 2004
Robert B. Holtsclaw
HODGE DWYER ZEMAN
3150 Roland Avenue
Post Office Box 5776
Springfield, Illinois
62705-5776
(217) 523-4900
PRIR:OO1/Fil/Motion to Stay
-
PCB
2

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