Lisa Madigan
A I'"I'ORNEY GENERAL
The Honorable Dorothy Gunn
Illinois Pollution Control Board
State of Illinois Center
100 West Randolph
Chicago, Illinois 60601
Dear Clerk Gunn :
Enclosed for filing please find the original and ten copies of a NOTICE OF FILING and
MOTION TO CONFORM JANUARY 26, 2007 ORDER TO STIPULATION REGARDING PENALTY
in regard to the above-captioned matter, Please file the original and return a file-stamped copy of
the document to our office in the enclosed, self-addressed envelope
.
Thank you for your cooperation and consideration .
Very truly yours,
Jane E . McBride
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
(217) 782-9031
JEM/pp
Enclosures
500 South Second Street, Springfield, Illinois 62706 • (217) 782-1090 • TTY : (217) 785-2771
• Fax: (217) 782-7046
100 West Randolph Street, Chicago, Illinois 60601 •
(312) 814-3000 • TTY: (312) 814-3374 • Fax : (312) 814-3806
1001 East Main, Carbondale, Illinois 62901 • (618) 529-6400 • "19'Y: (618) 529-6403
• Fax : (618) 529-6416
OFFICE OF THE ATTORNEY GENERAL
STATE OF ILLINOIS
February 9, 2007
Re:
People v
. The Highlands, LLC ., et
al.
PCB No
. 00-104
CLERK
ill
FPe
1 5
?00~
Po ution
op
Control
Qoaa
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
V .
THE HIGHLANDS, LLC, an Illinois limited
liability corporation, and MURPHY
FARMS, INC
., (a division of MURPHY-
BROWN, LLC, a North Carolina limited
liability corporation, and SMITHFIELD
FOODS, INC
., a Virginia corporation),
Respondents .
NOTICE OF FILING
To :
Mr. Jeffrey W . Tock
Harrington, Tock & Royse
201 W
. Springfield Avenue, Ste . 601
P .O . Box 1550
Champaign, IL 61824-1550
PCB NO
. 00-104
(Enforcement -
Air, Water)
Mr
. Charles M . Gering
Foley & Lardner
321 N
. Clarke St .
Suite 2800
Chicago, IL 60610-4764
PLEASE TAKE NOTICE that on February 9, 2007, I mailed for filing with the Clerk of the
Pollution Control Board of the State of Illinois, a MOTION TO CONFORM JANUARY 26, 2007
ORDER TO STIPULATION REGARDING PENALTY, a copy of which is attached hereto and
herewith served upon you
.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN
Attorney General of the
State of Illinois
MATTHEW J . DUNN, Chief
Environmental Enforcement/Asbestos
Litigation Division
l L1(
BY:
)e
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated : December 15, 2006
JANE E . McBRIDE
Assistant Attorney General
Environmental Bureau
CERTIFICATE OF SERVICE
I hereby certify that I did on February 9, 2007, send by First Class Mail, with postage
thereon fully prepaid, by depositing in a United States Post Office Box a true and correct copy
of the following instruments entitled NOTICE OF FILING and MOTION TO CONFORM
JANUARY 26, 2007 ORDER TO STIPULATION REGARDING PENALTY
To:
Mr. Jeffrey W
. Tock
Mr. Charles M . Gering
Harrington, Tock & Royse
Foley & Lardner LLP
201 W . Springfield Avenue, Ste
. 601
321 N . Clarke St .
P.O . Box 1550
Suite 2800
Champaign, IL 61824-1550
Chicago, IL 60610-4764
and the original and ten copies by First Class Mail with postage thereon fully prepaid of the
same foregoing instrument(s)
To:
Dorothy Gunn, Clerk
Illinois Pollution Control Board
State of Illinois Center
Suite 11-500
100 West Randolph
Chicago, Illinois 60601
A copy was also sent by First Class Mail with postage thereon fully prepaid
To :
Mr
. Brad Halloran, Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center, Ste
. 11-500
100 West Randolph
Chicago, IL 60601
This filing is submitted on recycled paper .
ane Ii. McBride
Assistant Attorney General
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS
)
Complainant,
)
v
.
)
PCB No . 00-104
(Enforcement)
THE HIGHLANDS, LLC, an Illinois limited
)
liability corporation, and MURPHY
)
FARMS, INC ., (a
division of MURPHY-
)
BROWN, LLC, a North Carolina limited
)
liability corporation, and SMITHFIELD
)
FOODS, INC ., a
Virginia corporation) .
)
Respondents
.
)
MOTION TO CONFORM JANUARY 26,
2007 ORDER
TO STIPULATION REGARDING PENALTY
NOW COMES the Complainant, PEOPLE OF THE STATE OF ILLINOIS, and moves
the Board to conform Item 2 of it's January 26, 2007 order with the agreed Stipulation which
allows the penalty to be paid in two equal installments
.
According to Section VIII
.A of the Stipulation, the first $4,500
.00 installment is to
be paid within thirty (30) days from the date of entry of the Board's order adopting and
accepting the Stipulation, and the second installment of $4,500
.00 shall be paid within 120 days
from the date the Board adopts and accepts the Stipulation
.
2 .
If it is the intent of the Board to incorporate the Stipulation, as stated in Item 1 of
the Order, the Illinois EPA has requested that the order be modified to conform with the
Stipulation
. The Illinois EPA makes this request so that the order and schedule of payments is
consistent, and thereby satisfy the requirements of the agency's auditors
.
3 .
Counsel for Respondent has no objection to Complainant's motion, and has
CLERKS
O
IV ~:
FEB 1 5 2001
Poll ~on
Control
O
ILLINOEoaroIS .
represented to counsel for the Complainant that he desires the question be resolved in
whatever manner necessary to allow payment in two installments as agreed in the Stipulation .
WHEREFORE, the Complainant respectfully requests that the Board modify its January
26, 2007 order to include the installment penalty payment schedule as set forth in Section VIII .A
of the Stipulation between the Complainant and Respondent Highlands .
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS,
ex rel . LISA MADIGAN, Attorney General
of the State of Illinois
MATTHEW J. DUNN, Chief
Environmental Enforcement Division
BY:
JANE E . MCBRIDE
Assistant Attorney General
500 South Second Street
Springfield, Illinois 62706
(217) 782-9031
