BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
by LISA MADIGAN, Attorney General
)
of the State of Illinois,
Complainant,
v.
PCB 96-98
SKOKIE VALLEY ASPHALT CO., INC.,
(Enforcement
-
RCRA)
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.
07Neill, Esq.
Ms. Carol Webb, Hearing Officer
Mr. Michael B. Jawgiel, Esq.
Pollution Control Board
5487 North Milwaukee Avenue
102 1 North Grand Avenue East
Chicago, Illinois 60630-1249
P.O. Box 19274
Springfield, Illinois 62794-9274
PLEASE TAKE NOTICE that I have today filed Complainant's Response to
Respondents' Motion for Final Order, with the Office of the Clerk of the Illinois Pollution
Control Board, a true and correct copy of which is attached hereto and herewith served upon you.
PEOPLE OF THE STATE OF ILLINOIS,
by LISA
MADIGAN, Attorney General
of the State of Illinois
BY:
PAULA BECKER
-
WHEELER
w&
Assistant Attorney General
Environmental
BureadNorth
188 West Randolph Street, Suite 2000
Chicago, Illinois 60601
Tel: 312.814.1511
Fax: 312.814.2347
E-Mail:
mpartee@atg.state.il:us
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 26, 2006
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
1
by LISA MADIGAN, Attorney General
)
of the State of Illinois,
)
1
Complainant,
v.
)
)
PCB 96-98
SKOKIE VALLEY ASPHALT CO., INC.,
1
(Enforcement
-
RCRA)
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
1
Valley Asphalt Co., Inc.,
Respondents.
)
COMPLAINANT'S RESPONSE TO RESPONDENTS' MOTION TITLED "MOTION
FOR FINAL ORDER"
Complainant, PEOPLE OF THE STATE OF ILLINOIS ("People"), by LISA
MADIGAN, Attorney General of the State of Illinois, hereby responds to the Respondents'
"Motion for Final Order." In support of their response, the People state as follows:
RELEVANT PROCEDURAL HISTORY
1.
On October 6, 2006, the Board's Hearing Officer set this matter for hearing to
occur on
December
12,2006. This matter concerns the Board's direction to the People to file a
petition for attorneys' fees and costs ("Fee
Petition"). The Fee Petition was filed on September
17,2004, and included sworn affidavits. The Respondents have opposed the petition through
various pleadings.
2.
On,December
12,2006, the Respondents filed their Motion for Final
Order.
3.
Previously, on March 28,2006, the People also filed a Motion for Final Order,
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 26, 2006
which Respondents moved to strike. The People's Motion for Final Order was denied as was the
Respondents' Motion to Strike, pursuant to the Board's Order dated September 7, 2006.
RESPONDENTS' MOTION IS NOT TIMELY
4.
Although the People certainly agree with the title of Respondents' Motion,
"Motion for Final Order", as is evidenced by the People filing the same titled motion on March
28,2006, the arguments put forth by the Respondents in their Motion primarily speak to a final
Order denying the Fee Petition and merely restate previously made arguments to strike or deny
People's Fee Petition.
5.
Board Rule 101.508, "Motions to Board Preliminary to Hearing" states that
Motions should be filed 21 days prior to the scheduled Board meeting before the hearing date. If
the motion is filed after that time frame, the Board will consider the motion if time permits.
6.
.
The Respondents filed their Motion for Final Order on the day of the hearing, not
21 days before the Board meeting prior to the hearing.
7.
The Respondents Motion is untimely and furthermore, addresses
hrguments that
would be more appropriate for the Hearing which was held on December 12,2006.
WHEREFORE, the People respectfully request that the Board deny Respondents' Motion
for Final Order to deny the Fee Petition as stated in their Motion, and that the Board make any
further decisions on this matter based on the Hearing held on December 12,2006 and the final
briefs filed thereafter.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
by LISA
MADIGAN, Attorney General
of the State of Illinois
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 26, 2006
BY:
d2
!!id+
W k
PAULA BECKER WHEELER
Assistant Attorney General
Environmental
BureauNorth
188 West Randolph, Suite 2000
Chicago, Illinois 60601
Tel: 312.814.1511
Fax: 312.814.2347
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 26, 2006
CERTIFICATE OF SERVICE
It is hereby certified that true and correct copies of the
Notice of Filing
and
Complainant's Response to Respondents' Motion for Final Order,
were sent by First Class
Mail, postage prepaid, to the persons listed on the Notice of Filing on December 26,2006.
BY:
AAA~&
u
PAPLA BECKER WHEELER
It is hereby certified that the above documents were electronically filed with the
following person on December 26,2006:
Pollution Control Board, Attn: Clerk
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
BY:
PAULA
BE~KER WHEELER
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 26, 2006