1. MOTION TO STAY ENFORCEMENTOF MONETARY PENALTY PENDING APPEAL
      2. IN THE APPELLATE COURT OF ILLINOISFOR THE THIRD DISTRICT
      3. CERTIFICATE OF SERVICE
CLERK’S
OFFii~p
NOV
182004
CONTROL BOARD
STATE OF ILLINOIS
POllution Control f3oar~~
PEOPLE
OF THE STATE OF ILLINOIS,
)
)
Complainant,
)
)
vs.
)
PCB NO.
02-115
)
(Enforcement
—
Air, Water)
BLUE RIDGE CONSTRUCTION CORPORATION,
)
An Illinois corporation,
)
)
Respondent.
)
MOTION
TO STAY ENFORCEMENT
OF MONETARY PENALTY PENDING APPEAL
Respondent,
Blue
Ridge
Construction
Corporation,
by
its
attorneys,
Miller,
Hall
&
Triggs, moves for a stay of that part ofthe Order ofthe Illinois Pollution
Control Board entered
on
October
7,
2004
which requires Blue Ridge
Construction
Corporation to pay $66,000.00
in
civil penalties no later than Monday, December 6, 2004, stating:
1.
This
motion
is
brought pursuant
to
Section
101.906(c)
of the
General Rules
of
the Illinois Pollution Control Board and Illinois Supreme Court Rule 335(g).
2.
Petitioner has
filed a
Petition
for Review
in
the Illinois
Appellate
Court,
Third
District, of that part ofthe Illinois Pollution Control Board’s October 7,
2004 Order imposing the
monetary penalty.
A copy ofthe Petition for Review is attached.
3.
Consistent
with
prior
Board
precedent,
Blue
Ridge
Construction
Corporation
requests that, payment of the monetary penalty be
stayed until
such time
as a mandate has been
issued by the reviewing court.
E.g.,
Citizensfor
a Better Environment v.
Stepan
Chemical Co.,
(PCB 74-201, 270, and 317,
1975).
4.
There are no
issues of delay in
compliance
with
environmental
standards
raised
by this Motion.
5.
In view of the Petition for Review and the Board’s past practice, a stay should be
granted.
WHEREFORE, petitioner, Blue Ridge Construction Corporation requests that the Board
enter an Order staying payment of the monetary penalty specified in
the Board’s October 7, 2004
Order until such time as a mandate has been issued by a reviewing court.
Blue Ridge Construction Corporation, Respondent
BY:____
William R.
Kohihase
for Miller, Hall
& Triggs, Its Attorneys
William R. Kohthase
Miller, Hall
& Triggs
416 Main Street— Suite
1125
Peoria, Illinois
61602
Telephone:
(309) 671-9600
2
IN
THE
APPELLATE COURT OF ILLINOIS
FOR THE THIRD DISTRICT
(‘i
))
//~\.c;_~
“—-~
BLUE RIDGE CONSTRUCTION CORPORATION,
)
‘-‘
0
)
Petitioner,
)
)
VS.
)
Petition for Review of
)
Order of the Illinois
ILLINOIS POLLUTION CONTROL BOARD and
)
Pollution Control Board,
PEOPLE OF THE STATE
OF ILLINOIS,
)
PCB NO. 02-115
)
Respondents.
)
Blue Ridge Construction
Corporation hereby petitions the Court for review ofthat part of
the order of the
Pollution
Control
Board
which
required
petitioner
to
pay
a
civil
penalty of
$66,000.00 entered on October 7, 2004.
Blue Ridge Construction Corporation, Petitioner
BY:___
William R.
Kohlhase
for Miller, Hall
& Triggs, Its Attorneys
William R. Kohlhase
Miller, Hall & Triggs
416 Main Street
—
Suite
1125
Peoria, Illinois
61602
Telephone:
(309) 671-9600
CERTIFICATE OF SERVICE
I hereby certify
that I did
on November
15,
2004
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 foregoing instrument entitled
Motion
to Stay Enforcement of Monetary Penalty Pending
Appeal
to:
Ms. Dorothy Gunn, Clerk
Illinois Pollution Control Board
State ofIllinois Center
Suite 11-500
100 West Randolph
Chicago, Illinois
60601-3218
Mr. Delbert D. Haschemeyer
Assistant Attorney General
500 South Second Street
Springfield, Illinois
62706
William R. Kohlhase, forMiller, Hall
& Triggs
RECE~VED
CLERK’S OFFICE
NOV
18
2004
TELEPHONE:
3O9-67l•~6O0
STATE OF lL~I~i~
309-6719616
~ vv~~i~:
w~.mhtiaw.com
Pollution Conrof t~oard
DENNIS
R. TRIGGS
**
WILLIAM
R.
KOHLHASE
EMP.
ID
NO.:
37-1 242916
PATRICK A. MURPHEY
MICHAEL J.
TIBBS
RICHARD M. JOSEPH
THOMAS R.
DAVIS
NATHAN
R.
MILLER
JAY E. GREENING
SCOTIA.
BRUNTON
DOUGLAS
G.
GRIFFIN
JEFFREY E. KRUMPE
M. CURT
RICHARDSON
JAMISON
J. ALLEN
Ms. Dorothy Gurm, Clerk
Illinois Pollution
Control Board
State ofIllinois Center
100 West Randolph
—
Suite 11-500
Chicago, Illinois 60601
Re:
People v. Blue Ridge Construction
Corporation
Illinois Pollution Control Board
Case No. PCB-02-1 15 (Enforcement
—
Air, Water)
Dear Ms.
Gunn:
Enclosed are an original
and one copy ofa Motion to Stay Enforcement of Monetary
Penalty Pending Appeal.
Please file the original
and return the copy file stamped to
me in the enclosed return envelope.
Thank you for your assistance.
Sincerely yours,
William R. Kohlhase
For Miller, Hall & Triggs
WRK:nh
Encs.
~)
/01
.~
\
I ~
OFFICES OF
1
1
~3/1~1J~LJ~,
~1ALL& TRIGGS
ROBERT HOLLIS MILLER IRET.I
~
JJ
\~1\
I
(i_~.I1
~~JL/~1~
iMAIN
STREET
~&TE
1125
PEORIA, ILLINOIS 61602-1161
November
15,
2004
*
ALSO LICENSED
IN FLORIDA
ALSO LICENSED
IN
DISTRICT
OF COLUMBIA
ALSO LICENSED
IN
WISCONSIN
Direct email:
william.kohIhaseI~mht!aw.con1

Back to top