RECEIVED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
DEC 012004
STATE OF ILLINOIS
PEOPLE OF THE STATE OF ILLINOIS,
)
Pollution Control Board
Complainant,
)
)
PCB 96-98
)
v.
)
Enforcement
)
)
SKOKIE VALLEY ASPHALT, CO., INC.,
EDWN L. FREDERICK, JR., individually and as
)
owner and President of Skokie Valley Asphalt
)
Co., Inc., and RICHARD J. FREDERICK,
)
individually and as owner and Vice President of
)
Skokie Valley Asphalt Co., Inc.,
)
Respondents
)
MOTION TO
RENEW RESPONDENTS’
MOTION TO STAY
AND/OR
EXTEND TIME TO RESPOND TO
COMPLAINANT’S PETITION FOR ATTORNEYS’ FEES AND COSTS
The Respondents, SKOKIE VALLEY ASPHALT, CO., INC., EDWiN L. FREDERICK,
JR., individually and as owner and President of Skokie Valley Asphalt Co., Inc., and RICHARD
J. FREDERICK, individually and as owner and Vice President of Skokie Valley Asphalt Co.,
Inc., by and through their attorney, David S. O’Neill, herein respectfully move the Board to
renew their I~4otionto Stay and/or Extend Time to Respond to Complainant’s Petition for
Attorneys’ Fees and Costs. In support ofthis Motion, the Respondents state as follows:
1.
On September 28, 2004, the Respondents filed with the Board a Motion to Stay and/or
Extend Time to Respond to Complainant’s Petition for Attorneys’ Fees and Costs.
2.
On S~ptember28, 2004, the Respondents also filed a Petition for Review with the State
ofIllinois Second District Appellate Court (Skokie Valley et. al. v. Illinois Pollution Control
Board, et. al., No. 04-0977).
3.
In its Order ofOctober 21, 2004, the Board held that the Board may not consider a
motion to rec:onsider or modify an order being appealed unless the Boardregains jurisdiction.
1
(Board ofOctober 21, 2004 at 2.)
4.
On November 18, 2004, the State ofIllinois Appellate Court Second District entered a
final order dismissing the Respondents’ Petition for Review (Ill. App Ct 2~District Order of
November 18, 2004).
5.
With the dismissal ofthe Petition for Review by the Appellate Court, the Board has
regained jurisdiction over this matters and consistent with the Board’s Order ofOctober 21,
2004, the Board has regained jurisdiction and may again rule on motions by the parties.
6.
Wherein, the Respondents respectfully renew their Motion to Stay and/or Extend Time to
Respond to Complainant’s Petition for Attorneys’ Fees and Costs.
fdS.O~ll
-~
David S. O’Neill, Attorney at Law
5487 N. Milwaukee Avenue
Chicago, Illinois 60630-1249
(773) 792-1333
2
CERTIFICATE OF SERVICE
I, the l4ndersigned, certify that I have served the attached MOTION TO RENEW
RESPONDENTS’ MOTION TO STAY AND/OR EXTEND TIME TO RESPOND TO
COMPLAINANT’S PETITION FOR ATTORNEYS’ FEES AND COSTS by hand delivery on
December 1, 2004, upon the following party:
Mitchell Cohen
Environmental Bureau
Assistant Attorney General
Illinois Attorney General’s Office
188 W. Randolph, 20th Floor
Chicago, IL 60601
/~
J~ ~
~‘ DaVid~ O’Neill
NOTARY SEAL
SUBSCRIBED AND SWORN TO ME this
/~-~
dayof
~
,20
C’~’
OFFICIAL SEAL
Notary
Public
DENNIS R
O’NEILL
NOTARYPUBLIC~STATEOFiLUNO~S
RECE~VED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
DEC 012004
STATE OF ILLINOIS
POIIUtfOfl Control Board
PEOPLE OF THE STATE OF ILLINOIS,
)
Complainant,
)
)
PCB 96-98
)
v.
)
Enforcement
)
)
SKOKIE VALLEY ASPHALT, CO., NC.,
)
EDWiN L. FREDERICK, JR., individually and as
)
owner and President of Skokie Valley Asphalt
)
Co., Inc., and RICHARD J. FREDERICK,
)
individually and as owner and Vice President of
)
Skokie Valley Asphalt Co., Inc.,
)
Respondents
)
NOTICE OF FILING
PLEASE TAKE NOTICE that I have today filed with the Office ofthe Clerk ofthe Pollution
Control Board the attached MOTION TO RENEW RESPONDENTS’ MOTION TO STAY
AND/OR EXTEND TIME TO RESPOND TO COMPLAINANT’S PETITION FOR
ATTORNEYS’ FEES AND COSTS, a copy of which is hereby served upon you.
//~~j~
6~~P
~
~
O’Neill
December 1, 2004
David S. O’Neill, Attorney at Law
5487 N. Milwaukee Avenue
Chicago, IL 60630-1249
(773) 792-1333
