THE VILLAGE OF LOMBARD,
)
ILLINOIS, an Illinois
)
municipality corporation,
)
Complainant,
)
BILL'S AUTO CENTER,
)
BILL'S STANDARD SERVICE
)
and WILLIAM KOVAR,
)
Respondents .
)
V .
Dennis G. Walsh
Lance C . Malina
Jacob Karaca
KLEIN, THORPE AND JENKINS, LTD .
20 North Wacker Drive, Suite 1660
Chicago, Illinois 60606
(312) 984-6400
Atty. No . 90446
iManage:195039_1
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
NOTICE OF FILING TO RESPONDENTS
To : Michael J . Maher
Elizabeth S . Harvey
Swanson, Martin & Bell
One IBM Plaza, Suite 3300
Chicago, Illinois 60611
PLEASE TAKE NOTICE that on May 31, 2007, I caused to be filed with
the Clerk of the Illinois Pollution Control Board the STATUS REPORT AND
AGREED AND VOLUNTARY MOTION TO DISMI ETITION, a true and
accurate copy of which is served on you a •
ng w thi o e.
.1
L~A\V
SSIs
neee1
VEp
MAY
PCB No . 04-213
"
ton
Contro
Bo
(LUSTS - Cost Recovery)
I, Jacob Karaca, an
attorney,
PROOF
certify that I served this Notice of Filing and
OF
SERVICE
attachments,
by mailing to persons on the Service List above, placed in
envelopes, with proper postage pre-paid, addressed to said
persons, and
depositing the same
in the U .S . Mail-chute at 0 North Wac e rive, Chicago,
Illinois 60606-2903, at or before 5:00 p.m. on M 31,
iManage:195039_1
u _.UP k~ ~~.~11'
iManage :195033_1
STATUS REPORT AND AGREED AND
VOLUNTARY MOTION TO DISMISS PETITION
NOW COMES the Claimant, the VILLAGE OF LOMBARD, by and through its
attorneys KLEIN THORPE and JENKINS, Ltd
., and pursuant to the provisions of the
Illinois Pollution Control Board General Provisions, Section 105
.514(b), hereby
requests that the Board end the stay on this cause of action (currently effective until
June 27, 2007) and grant the Claimant's voluntary and agreed motion to dismiss its
Petition before the Board
. In support of this agreed motion, the Petitioner states
:
1
. The Village of Lombard, (the "Village") brought this cost-recovery
action against the Defendants for reimbursement of costs related to
soil remediation on Village property adjacent to the Respondents'
property in the Village .
2.
After discovery and lengthy negotiations, the parties have reached an
agreement and terms of full settlement of the matters related to the
Village's case for cost recovery .
3.
As a part of their consideration to the Village in this agreement, the
Respondents have completed the agreed payment installments to the
Village over a six month schedule from the date of the execution of the
settlement for full release of the claims in their Petition
.
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
THE VILLAGE OF LOMBARD,
)
ILLINOIS, an Illinois
)
municipality corporation,
)
Complainant,
)
V .
BILL'S AUTO CENTER,
)
BILL'S STANDARD SERVICE
)
and WILLIAM KOVAR,
)
Respondents
.
)
PCB No
. 04-213
MAY 3
1 ZOOI
Pollution
Cnrro
l
(LUSTS
- Cost Recovery)
4.
On the Petitioner's previous agreed motion, the Board granted a stay
until June 27, 2007, for the complete execution of this agreement.
5.
The Respondent completed the payments on May 30, 2007 .
6. The agreement between the Parties provided that the Village will
voluntarily dismiss this case within 10 business days after the final
payment is made .
7.
There is no decision deadline pending in this case, and therefore no
waiver pursuant to Section 105 .514 is required .
8.
Pursuant to the terms of their agreement, the Parties now have no
further dispute before the Commission .
8.
No prejudice will result to either party or the public in general if the
stay is lifted and this case dismissed .
WHEREFORE, the Petitioner, Village of Lombard, respectfully requests, and
as agreed by the Respondents, that this Board enter an order lifting the prior stay on
this Case and dismissing the Petition according to the terms agreed to by the Parties
in resolution of their dispute .
Dated: May 1, 2007
Dennis G. Walsh
Lance C. Malina
Jacob Karaca
KLEIN, THORPE and JENKINS, Ltd.
20 North Wacker Drive, #1660
Chicago, Illinois 60606
(312) 984-6400
Atty. No. 90446
iManage:195033_1
