BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
MAR
012005
Complainant,
)
STATE OF ILUNOIS
PoUut~onControl Board
v.
)
No. PCB 96-98
SKOKIE VALLEY ASPHALT,
CO.,
INC.,
an Illinois corporation,
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
TO:
Mr. David
S.
O’Neill
Ms.
Carol Sudman
5487 N. Milwaukee Ave.
Hearing Officer
Chicago,
IL 60630
Illinois Pollution Control Board
600
S. 2’~Street,
Suite 402
Springfield,
Illinois 62704
PLEASE TAKE NOTICE that the Complainant,
PEOPLE OF THE STATE
OF ILLINOIS,
filed with the Illinois Pollution Control Board,
COMPLAINANT’S
FIRST RESPONSE TO RESPONDENTS’
MOTION TO COMPEL
RESPONSE TO DISCOVERY
FILED MORE
THAN
A YEAR. AFTER THE HEARING,
a
true and correct copy of which is attached hereto and is hereby
served upon you.
PEOPLE OF THE STATE OF ILLINOIS
Ex rel.
LISA MADIGAN, Attorney
General
of
the
Stftyoyl~nois
BY:
-
MITCHELL
L.
COHEN
Assistant Attorney General
Environmental Bureau
188 West Randolph,
20th
Floor
Chicago,
IL 60601
(312)
814-5282
Dated: March
1,
2005
THIS FILING IS SUBMITTED ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECE~VED
CLERK’S OFFICE
PEOPLE OF THE STATE OF ILLINOIS,
MAR
012005
Complainant,
STATE OF
ILLNOIS
v.
)
No.
PCB
96-98
Pollution ControlBoard
SKOKIE VALLEY ASPHALT,
CO.,
INC.,
)
Enforcement
an Illinois corporation,
EDWINL.
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.
COMPLAINANT’S
FIRST RESPONSE
TO
RESPONDENTS’
MOTION TO COMPEL RESPONSE
TO DISCOVERY
FILED MORE THAN A YEAR AFTER THE HEARING
Complainant,
PEOPLE
OF
THE
STATE
OF
ILLINOIS,
ex rel.
LISA
MADIGAN, Attorney General of the State of Illinois, pursuant to
Sections 101.500 and 101.502 of the Illinois Pollution Control
Board Regulations
(“Board Regulations”),
35
Ill. Adm.
Code
101.500 and 101.502, hereby responds to Respondents’ Motion to
Compel Response to Discovery filed more that a year after the
hearing in this case,
and states as follows:
1.
On July 29,
2003,
Hearing Office Sudman issued an order
establishing August
29,
2003,
as the last date for depositions
with written discovery ending a week earlier.
2.
The hearing in this case was held at the end of October
1
2003.
3.
On September 2,
2004,
the Board issued its Opinion and
Order.
4. On September 28,
2004,
Respondents filed a Motion where
they asked for, among other things,
additional time to perform
more discovery and participate in evidentiary hearings.
5.
In ruling on Respondents’
Motion in an October 21,
2004,
Order,
“tihe
Board stays the $153,000 in penalties .ordered in
the Board’s September 2,
2004,
order,
but denies the additional
relief requested by respondents.”
6. On December
1,
2004,
Respondents renewed essentially the
same motion they filed September 28,
2004.
7. On December 16,
2004,
the Board issued another order
related to Respondents’
Motion:
In the Motion to Stay,
the respondents’
assert the
need to conduct discovery on the issues of fees and
costs,
as well
as their right to an evidentiary
hearing.
The motion to stay is granted in part. The
Board will not hold any hearings on the issue of
attorney’s fees and costs, but will allow the
respondents additional time to respond.
The respondents
are hereby given until January 13,
2005,
28 days from
the date of this order,
to respond to the People’s
request for attorney fees and costs.
8.
The Board specifically stated that it will not hold any
hearings on the issue, but allowed Respondents another
opportunity to respond to the Motion..
9. Respondents failed to respond to the People’s request for
attorney fees and costs
in accordance with the Board’s December
2
16th
Order.
10.
Instead,
on January 10,
2005,
Respondents filed a motion
to establish a discovery schedule disingenuously stating that on
December ~
the Board
“
.
.
.
implicitly ruled that
Respondents are entitled to discovery
.
.
.
.“
11.
No,
the Board granted Respondents another chance to
respond to the Motion. The Board did not grant Respondents
request to conduct more discovery.
12. As such,
on January 18,
2005,
the People filed their
response and objection to Respondents’ motions.
13.
Since then,
the People have been waiting for the Board’s
ruling on Respondents’ pending motions and the Board’s final
order.
14.
There
is no statutory,
common law,
or Board Order
authorizing Respondents to conduct discovery at this time.
Therefore,
the People are under no obligation to respond to any
discovery and have not taken the time,
or gone to the additional
expense of doing so.
(Should the Board allow additional discovery
in this case in the future,
the People will file the appropriate
motions and objections.)
CONCLUSION
WHEREFORE,
Complainant, People of the State of Illinois,
requests this Board to deny Respondents’ Motion to Compel, deny
3
all other pending motions filed by Respondents, and issue its
final order
in the case
PEOPLE OF THE STATE OF ILLINOIS
Ex rel.
LISA
MADIGAN,
Attorney
General of the State of Illinois
MATTHEW
J.
DUNN,
Chief
Environmental -Enforcement/Asbestos
Litigation Division
ROSEMARIE CAZEAU, Chief
Environmental Bureau
MITCHELL L. COHEN
BERNARD
J. MURPHY,
JR.
Assistant
Attorney
General.
Environmental
Bureau
188 West Randolph,
20th
Floor
Chicago,
IL 60601
(312)
814-5282
(312)
814-3908
BY:
4
CERTIFICATE OF SERVICE
I, MITCHELL L.
COHEN,
an Assistant Attorney General,
do
certify
that
I
caused
to
be
mailed
this
l~
day
of
March
2005,
the
foregoing
COMPLAINANT’S FIRST RESPONSE TO RESPONDENTS’ MOTION
TO COMPEL RESPONSE TO DISCOVERY FILED MORE THAN A YEAR AFTER THE
HEARING and NOTICE by first-class mail in a postage prepaid
envelope and depositing same with the United States Postal
Service
located
at
100
West
Randolph
Street,
Chicago,
Illinois,
60601 to the persons listed on the notice.
MITCHELL”L.
COHEN
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