RI~CE~VED
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLERK’S OFFICE
DEC 012004
PEOPLE OF ThE STATE OF ILLINOIS,
)
STATE OF ILLINOIS
Complainant,
)
Pollution
Control Board
)
PCB 96-98
)
v.
)
Enforcement
)
)
SKOKIE VALLEY ASPHALT, CO., INC.,
)
EDWIN L. FREDERICK, JR., individually and as
)
owner and President ofSkokie Valley Asphalt
)
Co., Inc., and RICHARD J. FREDERICK,
)
individually and as owner and Vice President of
)
Skokie Valley Asphalt Co., Inc.,
)
Respondents
)
MOTION TO STAY PAYMENT OF PENALTY UNDER BOARD ORDER OF
SEPTEMBER 2, 2004
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 Stay
Payment of Penalty under the Board Order ofOctober 21, 2004. In support ofthis Motion, the
Respondents state as follows:
1.
On S~ptember2, 2004, the Board filed an Opinion and Order in the above-captioned
matter.
2.
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 Cost.
3.
In the September 28, 2004, the Respondents requested the Board to clarif~’whether or not
the Opinion and Order of September 28, 2004 was a final opinion. (Motion of September 28,
2004 at 1.). The Respondents required a clear understanding ofwhether or not the Opinion and
Order ofSeptember 28, 2004 was a final order for a number ofreason including a need to know
1
whether or not it would be timely to file a motion to stay enforcement ofthe September 28, 2004
Opinion and Order
4.
On October 21, 2004, the Board issued an Order stating that the Opinion and Order of
September 28, 2004 was not a final opinion and order. (Order ofOctober 21, 2004 at 3.)
5.
In the October 21, 2004 Order, the Board also stayed the payment ofthe penalty imposed
in the September 2, 2004 Opinion and Order. (Order ofOctober 21, 2004 at 1.)
6.
In reliance on the Order ofOctober 21, 2004, the Respondents determined that the filing
of a motion to stay payment of the penalty imposed by the September 2, 2004 Opinion and Order
was neither timely nor necessary and therefore no such motion was filed with the Board.
7.
On November 19, 2004, the Complainant filed a Motion to Void the Board’s October 21,
2004 Order and seeks to have the order to stay payment ofthe penalty imposed by the September
2, 2004 Opinion and Order voided.
8.
The Respondents are of the opinion that Complainant’s Motion to Void the Board’s
October 21, 2004 Order is an improper attempt to circumvent the Board’s procedural rules and
limit the Board’s discretion ofentering orders on its own motion.
9.
To protect against the possibility that the Board grants the Complainant’s Motion to Void
the Board’s October 21, 2004 Order and determines that the Complainant may enforce against
the Respondçnts even though a final order has not been entered in this matter, the Respondents
hereby enter a motion to stay enforcement of the penalty imposed in the September 2, 2004
Order.
Wherefore the Respondents respectfully request the Board to stay enforcement of the
penalty imposed in the September 2, 2004 Order.
D’~K~dS.,O~c~~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 undersigned, certify that I have served the attached MOTION TO STAY
PAYMENT OF PENALTY UNDER BOARD ORDER OF SEPTEMBER 2, 2004 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
Dav~d’~.O’Neill’
NOTARY SEAL
SUBSCRIBED AND SWORN TO ME this
day of
,20
Or-!
Public
REC~VE~
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLERK’S OFFICE
DEC Iii 2004
PEOPLE OF THE STATE OF ILLINOIS,
)
STATE OF ILLINOIS
Complainant,
)
Pollution Control
Board
)
PCB 96-98
)
v.
)
Enforcement
)
)
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.,
)
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 STAY PAYMENT OF PENALTY UNDER BOARD
ORDER OF SEPTEMBER 2, 2004, a copy ofwhich is hereby served upon you.
David’~.O’Neill
‘~
December 1, 2004
David S. O’Neill, Attorney at Law
5487 N. Milwaukee Avenue
Chicago, IL 60630-1249
(773) 792-1333
