BEFORE THE ILLINOIS POLLUTION CONTROL BOARD,,

E C

E

CLERK'S

OFFICE

D

DEC

12 2006

PEOPLE OF THE STATE OF ILLINOIS,

Pol

ut on

Control

ILLINOISi3o

a

Complainant,

V .

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.,

Respondent

December 12, 2006

David S

. ONeill, Attorney at Law

5487 N

. Milwaukee Avenue

Chicago, IL 60630-1249

(773) 792-1333

NOTICE OF FILING

PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk of the Pollution

Control Board the RESPONDENTS' MOTION TO FILE MOTION WITH LESS THAN

NUMBERS OF COPIES REQUIRED BY PROCEDURAL RULES INSTANTER, a copy of

which is hereby served upon you

.

PCB 96-98

Enforcement

---

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

PEOPLE OF THE STATE OF ILLINOIS,

DEC

1 2 2006

Complainant,

)

PCB 96-98

STATE OF It

,

he

Pollution Control

Board

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 .

RESPONDENTS' MOTION TO FILE MOTION WITH LESS THAN

NUMBERS OF COPIES REOUIRED BY

PROCEDURAL RULES

INSTANTER

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 its attorney, David S

. O'Neill, herein move this Board to allow the

Respondents to file a motion for final order with less copies of the exhibits than are required by

the Board's procedural rules and in support thereof states as follows

:

PROCEDURAL HISTORY

On December 8, 2006, the Respondents filed a motion for final order in the above-

captioned matter

.

2.

The motion for final order references and relies upon the Deposition of Mr

. Mitchell

Cohen taken on the 14"i day of November, 2006 and the deposition of Mr

. Bernard

Murphy taken on the 8°i

day of November, 2006

3 .

The transcripts of these depositions are voluminous

.

1

---

4 .

The costs of copying and the inconvenience of filing and storing multiple copies of these

documents would prove burdensome to both the Board and the Respondents

.

Wherefore, the Respondents respectfully moves the Board to allow the Respondents to

file it motion for final order with only one copy of the attachments of the transcripts of

Deposition of Mr

. Mitchell Cohen taken on the 14' day of November, 2006 and the

deposition of Mr

. Bernard Murphy taken on the 9' day of November, 2006

.

2

David S. O'Neill

David S . ONeill, Attorney at Law

5487 N. Milwaukee Avenue

Chicago, Illinois 60630-1249

(773) 792-1333

---

CERTIFICATE OF SERVICE

I, the undersigned, certify that I have served the attached RESPONDENTS' MOTION

TO FILE MOTION WITH LESS THAN NUMBERS OF COPIES REQUIRED BY

PROCEDURAL RULES INSTANTER by hand delivery on December 12, 2006, upon the

following party:

Mitchell Cohen, Esq

and

Mr. Michael Partee, Esq .

Environmental Bureau

Assistant Attorney General

Illinois Attorney General's Office

188 W. Randolph, 20th Floor

Chicago, IL 60601

/4)D'a

d S. NON ill

NOTARY SEAL

SUBSCRIBED AND SWORN TO ME this

f~

OFFICIAL SEAL

RITA LOMBARDI

NOTARY PUBLIC - STATE OF ILLINOIS

MY COMMISSION EXPIRES.09,08107