BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,)
Complainant,)
V.
)
PCBO 5-215
)
(Enforcement)
FIRST ROCKFORD GROUP, INC., an Illinois
)
corporation, VILLAGE OF CHERRY VALLEY,
)
an Illinois municipal corporation, HERITAGE
)
ENGINEERING, LTD., an Illinois corporation,
)
and SCHLICHTING & SONS EXCAVATING,
)
INC., an Illinois corporation,
Respondents.
NOTICE OF FILING
TO:
See Attached Service List.
PLEASE TAKE NOTICE that today, December 23, 2005, the People of the State of
Illinois filed with the Illinois Pollution Control Board by electronic filing a Stipulation and
Proposal for Settlement with Cherry Valley and Motion for Relief from Hearing Requirement,
true and correct copies of which are attached and hereby served upon you.
PEOPLE OF THE STATE OF ILLINOIS,
by LISA MADIGAN, Attorney General
of the State of Illinois
BY:
C~.~--v~(-
BRIDGET M. CARLSON
Assistant Attorney General
Environmental Bureau
188 West Randolph Street, Suite 2001
Chicago, Illinois 60601
(312) 814-0608
Attorney No. 99000
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 23, 2005
SERVICE LIST
Mr. John P. Malburg
-Heritage Engineering
Ltd.
345 Executive Parkway
Suite MI
Rockford, Illinois 61125
Mr. James E. Stevens
Barrick, Switzer, Long, Baisley & Van Evera
One Madison Street
Rockford, Illinois 61104
Mr. Charles Heisten
Hinshaw & Culbertson
1 00 Park Avenue
Rockford, Illinois 61105
Mr. Jack D. Ward
Reno, Zalim, Folgate, Lindberg & Powell
2902 McFarland Road
Suite 400
Rockford, Illinois 61107
Mr. Bradley Halloran
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 23, 2005
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,)
Complainant,)
FIRST ROCKFORD GROUP, INC., an Illinois
)
PCB 05-2 15
corporation, VILLAGE OF CHERRY VALLEY,)
an Illinois municipal corporation, HERITAGE
)
ENGINEERING, LTD., an Illinois corporation,
)
and SCHLICHTING & SONS EXCAVATING,
)
INC., an Illinois corporation,)
Respondents.)
MOTION FOR RELIEF FROM HEARING REOUIREMENT FOR STIPULATION AND
PROPOSAL FOR SETTLEMENT WITH CHERRY VALLEY
NOW COMES Complainant, PEOPLE OF THE STATE OF ILLINOIS,
ex ret.
LISA
MADIGAN, Attorney General of the State of Illinois, and pursuant to Section 31(c)(2) of the
Illinois Environmental Protection Act ("Act"), 415 ILCS 5/3 1(c)(2)(2002), moves that the
Illinois Pollution Control Board ("Board") grant the Complainant and the Respondent, Cherry
Valley, in the above-captioned matter, relief from the hearing requirement imposed by Section
31I(c)(1) of the Act, 415 ILCS 5/3 1(c)(1)(2002).
In support of this motion, Complainant states as
follows:
I1.
The Complaint in this matter alleges violations of Section 15 of the Act, 415
ILCS 5/15(2002), Section 602.1 0 1(a) of the Board's Public Water Supplies Regulations, 35 III.
Adm. Code 602. 101 (a) and Section 652. 101 (a) of the Board's Public Water Supplies
Regulations, 35 III. Adm. Code 652.101 (a).
2.
Complainant is filing this Motion and a Stipulation and Proposal for Settlement
with the Board.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 23, 2005
3.
The parties, People of the State of Illinois and Cherry Valley, have reached
agreement on all outstanding issues in this matter.
4.
This agreement is presented to the Board in a Stipulation and Proposal for
Settlement filed this same date.
5.
All parties agree that a hearing on the Stipulation and Proposal for Settlement is
not necessary, and respectfully request relief from such a hearing as allowed by Section 31 (c)(2)
of the Act, 415 ILCS 5/3 1(c)(2)(2002).
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS, hereby requests
that the Board grant this motion for relief from the hearing requirement set forth in Section
3 1(c)(1) of the Act,
415
ILCS 5/3l1(c)(1)(2002).
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN
Attorney General
State of Illinois
MATTHEW J. DUNN, Chief
Environmental Enforcement!
Asbestos Litigatio
Divio
BY:
ci
BRIDGE
M. CARLSON
Assistant Attorney General
Environmental Bureau
188 W. Randolph St., 20th Floor
Chicago, Illinois 60601
(312) 814-0608
THIS
FILING
IS SUBMITTED
ON
RECYCLED PAPER
2
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 23, 2005
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,)
Complainant,)
V.)
FIRST ROCKFORD GROUP, INCG., an Illinois
)
corporation, VILLAGE OF CHERRY VALLEY,)
an Illinois municipal corporation, HERITAGE
)PCB
05-215
ENGINEERING, LTD., an Illinois corporation,
)
and SCHLICHTING & SONS EXCAVATING,
)
INC., an Illinois corporation,)
Respondents.)
STIPULATION AND PROPOSAL FOR SETTLEMENT WITH CHERRY VALLEY
Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA MADIGAN, Attorney
General of the State of Illinois, the Illinois Environmental Protection Agency ("Illinois EPA"),
and Respondent, VILLAGE OF CHERRY VALLEY ("Respondent Chenry Valley"), have agreed
to the making of this Partial Stipulation and Proposal for Settlement ("Stipulation") and submit it
to the Illinois Pollution Control Board ("Board") for approval.
The parties agree that the
statement of facts contained herein represents a fair summary of the evidence and testimony
which would be introduced by the parties if a hearing were held.
The parties further stipulate that
this statement of facts is made and agreed upon for purposes of settlement only and that neither
the fact that a party has entered into this Stipulation, nor any of the facts stipulated herein, shall
be introduced into evidence in any other proceeding regarding the claims asserted in the
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 23, 2005
Complaint except as otherwise provided herein.
If the Board approves and enters this
Stipulation, Respondent Cherry Va lley agrees to be bound by the Stipulation and Board Order
and not to contest their validity in any subsequent proceeding to implement or enforce their
terms.
This Stipulation in no way releases or otherwise compromises the violations and
liabilities alleged by the Complainant against the Respondents: Heritage Engineering, First
Rockford Group Inc. or Schlichting and Sons Excavating Inc. Respondents Heritage
Engineering, First Rockford Group
hic.
and Schlichting and Sons Excavating Inc. are not
signatories to this stipulation.
I.
JURISDICTION
The Board has jurisdiction of the subject matter herein and of the parties consenting
hereto pursuant to the Illinois Environmental Protection Act ("Act"), 415 JIGS
5/1 et seq.
(2002).
II.
AUTHORIZATION
The undersigned representatives for each party certifyr that they are fully authorized by the
party whom they represent to enter into the terms and conditions of this Stipulation and to legally
bind them to
it.
III.
STATEMENT OF FACTS
A.
Parties
1
.
On June 15, 2005, a Complaint was filed on behalf of the People of the State of
2
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 23, 2005
Illinois by Lisa Madigan, Attorney General of the State of Illinois, on her own motion and upon
the request of the Illinois EPA, pursuant to Section 31 of the Act, 415 ILCS 5/31(2002), against
the Respondent Cherry Valley.
2.
The Illinois EPA is an administrative agency of the State of Illinois, created
pursuant to Section 4 of the Act, 415 ILCS 5/4 (2002).
3.
At all times relevant to the Complaint, Respondent Chenry Valley was and is a
municipal corporation that is authorized to transact business in the State of Illinois.
B.
Site Description
1
.
Respondent Cherry Valley is the owner of the public water supply system
to which a potable water supply system at a residential development project at the Golf Hill
subdivision ("Site"), a 78 home development located in Cherry Valley, Winnebago County,
Illinois is attached.
2.
The development project at the Site included the crektion of grading plans,
potable water and sewer installation plans, and the completion of necessary permit application
forms for development work at the Site.
3.
Respondent Heritage Engineering prepared a construction pennit application for
potable water lines at the Site on behalf of Respondent First Rockford.
On September 24, 2003,
Respondents First Rockford Group and Heritage Engineering signed the permit application.
On
October 7, 2003, Respondent Cherry Valley signed the permit application.
Shortly thereafter, the
permit application was submitted to the Illinois EPA.
4.
On October 28, 2003, prior to the issuance of a construction permit for the project
3
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 23, 2005
by the Illinois EPA, Respondents Cherry Valley, First Rockford, Heritage Engineering and
Schlichting directed, commenced and/or allowed the construction of the potable water line at the
development Site.
5.
On October 29, 30, 3 1, November 3, 6, 7, 8,9,
10, 11,
12, 13, 14, 15
and 17,
2003, Respondent Cherry Valley inspected the on-going construction of the water line.
6.
Construction of the potable water supply line had occurred prior to the issuance of
a construction permit for the project by the Illinois EPA.
7.
On November 18, 2003, a potable water line construction pernit was issued for
the Site by the Illinois EPA.
C.
Allegations of Non-Compliance
Complainant contends that the Respondent Cherry Valley has violated the following
provisions of the Act and Board regulations:
Count I:
Caused or allowed the construction installation, changes or additions to
potable water supply lines at the Site without first obtaining written
approval for an Illinlois EPA construction permit, in violation of Section
15 of the Act, 415 ILCS
5/15
(2002), and 35 111. Adm. Code 602. 101 (a).
Count II:
Caused or allowed the construction of potable water lines at the Site
without a construction permit in violation of 35 Ill. Adm. Code
652.101(a).
D.
Admission of Violations
The Respondent Cherry Valley admits to the violation(s) alleged in the Complaint filed in
4
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 23, 2005
this matter and referenced within Section Ill.C herein.
E.
Compliance Activities to Date
On November
18, 2003, a potable water line construction permit was issued for the Site
by the Illinois EPA.
F.
Value of Settlement and Resulting Benefits
A review of the public water supply permit application prior to the construction of
potable water supplies and issuance of construction permits is the primary and most effective
means by which the Illinois EPA can ensure the protection of Illinois residents.
While the proper
Illinois EPA permits are now in place, the Respondent Cherry Valley's payment of civil penalties
will reinforce the importance of this permit process and encourage future compliance with the
Act, as well as the Board's Water Pollution Regulations.
IV.
APPLICABILITY
This Stipulation shall apply to and be binding upon the Complainant and the Respondent
Cherry Valley, and any
officer,
director, agent, or employee of the Respondent Cherry Valley, as
well as any successors or assigns of the Respondent Cherry Valley.
The Respondent Cherry
Valley shall not raise as a defense
to
any enforcement action taken pursuant to this Stipulation
the failure of any of its officers, directors, agents, employees or successors or assigns to take such
action as shall be required to comply with the provisions of this Stipulation.
5
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 23, 2005
V.
COMPLIANCE WITH OTHER LAWS AND REGULATIONS
This Stipulation in no way affects the responsibilities of the Respondent Cherry Valley to
comply with any other federal, state or local laws or regulations including, but not limited to, the
Act and the Board regulations, 35 Ill. Adxin. Code, Subtitles A through H.
VI.
IMPACT ON THE PUBLIC RESULTING FROM ALLEGED NON-
COMPLIANCE
Section 33(c) of the Act, 415 ILCS
5133(c)(2002),
provides as follows:
In making its orders and determinations, the Board shall take into consideration
all the facts and circumstances bearing upon the reasonableness of the emissions,
discharges, or deposits involved including, but not limited to:
1.
the character and degree of injury to, or interference with the protection of
the health, general welfare and physical property of the people;
2.
the social and economic value of the pollution source;
3.
the suitability or unsuitability of the pollution source to the area in which it
is located, including the question of priority of location in the area
involved;
4.
the technical practicability and economic reasonableness of reducing or
eliminating the emissions, discharges or deposits resulting from such
pollution source; and
5.
any subsequent compliance.
In response to these factors, the parties state the following:
1.
Human health and the environment were minimally threatened and the Illinois
EPA's information gathering responsibilities hindered by the Respondent Cherry Valley's failure
to ensure that
the
proper construction permits were obtained from the Illinois EPA prior to the
6
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 23, 2005
construction of the Site's potable water lines.
2.
The Site provides a social and economic benefit to the Respondent Cherry Valley.
The Site consists of a 78 home development located in Cherry Valley that will increase the
Respondent Cherry Valley's tax base and provide additional income to area business and
services.
3.
The Site was a development project at the Golf Hill subdivision, and was suitable
for residential development.
4.
Obtaining a permit prior to construction at the Site and compliance with its terms
are both technically practicable and economically reasdnable.
Respondent Cherry Valley had
signed and submitted the permit application to the Illinois EPA, but had directed, commenced
and/or allowed construction to begin at the Site prior to the issuance of a permit.
5.
Respondent Cherry.Valley has subsequently complied with the Act and the Board
Regulations.
However, the acquisition of an Illinois EPA construction pennit does not remedy
the time period during which construction took place at the site without a permit and in violation
of the Act and Board Regulations.
VII.
CONSIDERATION OF SECTION 42(h) FACTORS
Section 42(h) of the Act,
415 ILCS
5/42(h)(2002), provides as follows:
In determining the appropriat e civil penalty to be imposed under ...
this Section,
the Board is authorized to consider any matters of record in mitigation or
aggravation of penalty, including but not limited to the following factors:
1.
the duration and gravity of the violation;
2.
the presence or absence of due diligence on the part of the respondent in
attempting to comply with requirements of this Act and regulations
7
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 23, 2005
thereunder or to secure relief therefrom as provided by this Act;
3.
any economic benefits accrued by the respondent because of delay in
compliance with requirements, in which case the economic benefits shall
be determined by the lowest cost alternative for achieving compliance;
4.
the amount of monetary penalty which will serve to deter further violations
by the respondent and to otherwise aid in enhancing voluntary compliance
with this Act by the respondent and other persons similarly subject to the
Act;
5.
the number, proximity in time, and gravity of previously adjudicated
violations of this Act by the respondent;
6.
whether the respondent voluntarily self-disclosed, in accordance with
subsection i of this Section, the non-compliance to the Agency; and
7.
whether the respondent has agreed to undertake a "supplemental
environmental project," which means an environmentally beneficial
project that a respondent agrees to undertake in settlement of an
enforcement action brought under this Act, but which the respondent is not
otherwise legally required to perform.
In response to these factors, the parties state as follows:
I1.
The Respondent Chenry Valley failed to obtain a construction permit for the
potbale water lines at the Site prior to beginning construction of those lines.
The violations
began on or around October 28, 2003, or a date better known to the Respondent Cherry Valley,
and were resolved on November 18, 2003.
2.
Respondent Cherry Valley was diligent in attempting to come back into
compliance with the Act and Board regulations.
3.
The civil penalty obtained herein negates the economic benefit that Respondent
may have accrued as a result of its non-compliance.
4.,
Complainant has determined, based upon the specific facts of this matter, that a
8
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 23, 2005
penalty of Fourteen Thousand Five Hundered Dollars ($14,500.00) will serve to deter further
violations and aid in future voluntary compliance With the Act and Board regulations.
5.
Respondent Cherry Valley has at least one previously adjudicated violation of the
Act, as evidenced by the Opinion and Order of the Board PCB 03-190.
This matter involved
circumstances similar to the present matter, in that Respondent Cherry Valley failed to acquire an
Illinois EPA construction permit for construction to the public water supply.
6.
Self-disclosure is not at issue in this matter.
7.
The settlement of this matter does not include a supplemental envirornmental
project.
VI II.
TERMS OF SETTLEMENT
A.
Penalty Payment
1
.
The Respondent Cherry Valley shall pay a civil penalty in the sum of Fourteen
Thousand Five Hundred Dollars (S 14,500.00) within thirty (30) days from the date the Board
adopts and accepts this Stipulation.
The Respondent Cherry Valley stipulates that payment has
been tendered to Respondent Cherry Valley's attorney of record in this matter in a form
acceptable to that attorney.
Further, Respondent Cherry Valley stipulates that said attorney has
been directed to make the penalty payment on behalf of Respondent Chenry Valley, within thirty
(30) days from the date the Board adopts and accepts this Stipulation, in a manner prescribed
below.
The penalty described in this Stipulation shall be paid by certified check, money order or
electronic funds transfer payable to the Illinois EPA, designated to the Illinois Environmental
Protection Trust Fund and submitted to:
Illinois Environmental Protection Agency
Fiscal Services Section
9
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 23, 2005
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL. 62794-9276
The name and number of the case and Respondent Cherry Valley's Federal Employer
Identification Number ("FEIIN") shall appear on the check.
A copy of the certified check, money
order or record of electronic funds transfer and any transmittal letter shall be sent to:
Ms. Bridget Carlson
Assistant Attorney General
Environmental Bureau
188 W. Randolph St.,
20t'
Floor
Chicago, Illinois 60601
2.
Pursuant to Section 42(g) of the Act, 415 ILCS 5/42(g) (2002), interest shall
accrue on any payment not paid within the time period prescribed above at the maximum rate
allowable under Section 1003(a) of the Illinois Income Tax Adt, 35 JLCS 5/1003 (2002).
Interest
on any unpaid payment shall begin to accrue from the date the payment is due and continue to
accrue until the date payment is received.
When partial payment(s) are made, such partial
payment shall be first applied to any interest on unpaid payment then due and owing.
All interest
on payment owed shall be paid by certified check, money order or electronic funds transfer,
payable to the Illinois EPA, designated to the Illinois Environmental Protection Trust Fund and
delivered to the address and in the manner described above.
3.
For purposes of payment and collection, Respondent Cherry Valley may be
reached at the following address:
Mr. James Claeyssen
President
-
Village of Cherry Valley
806 East State Street
Cherry Valley, Illinois 61016
1 0
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 23, 2005
4.
In the event of default of this Section VIII.A, the Complainant shall be entitled to
all available relief including, but not limited to, reasonable costs of collection and reasonable
attorney's fees.
B.
Future Use
Notwithstanding any other language in this Stipulation to the contrary, and in
consideration of the mutual promises and conditions contained in this Stipulation, including the
Release from Liability contained in Section VIILD, below, the Respondent Cherry Valley hereby
agrees that this Stipulation may be used against the Respondent Cherry Valley in any subsequent
enforcement action or permit proceeding. as proof of a past adjudication of violation of the Act
and the Board Regulations promulgated thereunder for all violations alleged in the Complaint in
this matter, for purposes of Section 39(a) and (i) and/or 42(h) of the Act, 415 TICS 5/39(a) and(i)
and/or 5/42(h)(2002).
Further, Respondent Cherry Valley agrees to waive any rights to contest,
in any subsequent enforcement action or permit proceeding, any allegations that these alleged
violations were adjudicated.
C.
Cease and Desist
The Respondent Cherry Valley shall cease and desist from future violations of the Act
and Board Regulations that were the subject matter of the Complaint as outlined in Section lfl.C
("Allegations of Non-Compliance") of this Stipulation.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 23, 2005
D.
Release from Liability
In consideration of the Respondent Cherry Valley's payment of the $14,500.00 penalty
and any specified costs and accrued interest, completion of all activities required hereunder, to
Cease and Desist as contained in Section VIII.C and upon the Pollution Control Board's
acceptance and approval of the terms of this Stipulation and Proposal for Settlement, the
Complainant releases, waives and discharges the Respondent Cherry Valley from any further
liability or penalties for violations of the Act and Board Regulations that were the subject matter
of the Complaint herein. The release set forth above does not extend to any matters other than
those expressly specified in Complainant's Complaint filed on June 15, 2005.
The Complainant
reserves, and this Stipulation is without prejudice to, all rights of the State of Illinois against the
Respondent Cherry Valley with respect to all other matters, including but not limited to, the
following:
a.
criminal liability;
b.
liability for future violation of state, federal, local, and common laws and/or
regulations;
C.
liability for natural resources damage arising out of the alleged violations; and
d.
liability or claims based on the Respondent Cherry Valley's failure to satisfy' the
requirements of this Stipulation.
Nothing in this Stipulation is intended as a waiver, discharge, release, or covenant not to
sue for any claim or cause of action, administrative or judicial, civil or criminal, past or future, in
law or in equity, which the State of Illinois or the Illinois EPA may have against any person, as
defined by Section 3.315 of the Act, 415 TLCS 5/3.315, or entity other than the Respondent
12
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 23, 2005
Cherry Valley.
E.
Correspondence, Reports and Other Documents
Any and all correspondence, reports and any other documents required under this
Stipulation, except for payments pursuant to Section VIILA ("Penalty Payment") of this
Stipulation shall be submitted as follows:
As to the Comolanant
Ms. Bridget Carlson
Assistant Attorney General
Environmental Bureau
188 W. Randolph St., 20"' Floor
Chicago, fllinois 60601
Mr. Chuck Gunnarson
Assistant Counsel
Illinois EPA
1021 North Grand Avenue East
P.O. Box 19276
Springfield, illinois 62794-9276,
As to the Respondent Cherry Valley
Mr. James Claeyssen, Village President
Village of Cherry Valley
806 East State Street
Cherry Valley, Illinois
61016
Mr. James E. Stevens
Barrick, Switzer, Long, Balsley & Van Evera
One Madison Street
Rockford, Illinois
61104
1 3
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 23, 2005
F.
Enforcement of Board Order
1
.
Upon the entry of the Board's Order approving and accepting this Partial
Stipulation and Proposal for Settlement, that Order is a binding and enforceable order of the
Illinois Pollution Control Board and may be enforced as such through any and all available
means.
2.
Respondent Cherry Valley agrees that notice of any subsequent proceeding to
enforce the Board Order approving and accepting this Partial Stipulation and Proposal for
Settlement may be made by mail and waives any requirement of service of process.
3.
The parties agree that, if the Board does not approve and accept this Partial
Stipulation and Proposal for Settlement, then neither party is bound by the terms herein.
4.
It is the intent of the Complainant and Respondent Cherry Valley that the
provisions of this Stipulation and Proposal for Settlement with Chenry Valley and any Board
Order accepting and approving such shall be severable, and should any provision be declared by
a court of competent jurisdiction to be inconsistent with state or federal law, and therefore
unenforceable, the remaining clauses shall remain in full force and effect.
14
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 23, 2005
WHEREFORE, Complainant and Respondent Cherry Valley request that the Board adopt
and accept the foregoing Partial Stipulation and Proposal for Settlement as written.
PEOPLE OF THE STATE OF ILLINOIS,
LISA MADIGAN
Attorney General
State of Illinois
MATTHEW
J.
DUNN, Chief
Environmental Enforcement/
Asbestos Litigation Division
Enviro
etlBra
DATE:
(lc
toC
r~
Assistant Attomey General*
*.
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY
B
Y:
DATE:
/3Jx
Chief Legal Counsel
VILLAGE OF CHERRY VALLEY
BY
:
_
_
_
_
_
_
_
_
_
DATE:_____
__
Name:_____________
Title:___________
1 5
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 23, 2005
WHEREFORE, Complainant and Respondent Cherry Valley request that the Board adopt
and accept the foregoing Partial Stipulation and Proposal for Settlement as written.
PEOPLE OF THE STATE OF ILLINOIS,
LISA MADIGAN
Attorney General
State of Illinois
MATTHEW J. DUNN, Chief
Environmental Enforcement!
Asbestos Litigation Division
BY
:
_
_
_
_
_
_
_
_
_
_
ROSEMARIE CAZEAU, Chief
Environmental Bureau
DATE:__________
Assistant Attorney General
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY
BY:
_
_
_
_
_
_
_
_
_
DATE:
ROBERT A. MESSINA
Chief Legal Counsel
VILLAGE OF CHERRY VALLEY
BY:A
.
(J
DATE:
/2-7
/0-
Title:
L//t-z-A6-&?C&/
t
15
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 23, 2005
CERTIFICATE OF SERVICE
I,
BRIDGET M. CARLSON, an Assistant Attorney General, certify that on the 23rd day
of December 2005, I caused to be served by First Class Mail the foregoing Stipulation and
Proposal for Settlement with Cherry Valley and Motion for Relief from Hearing Requirement to
the parties named on the attached Service List, by depositing same in postage prepaid envelopes
with the United States Postal Service located at 100 West Randolph Street, Chicago, Illinois
60601.
BRIDGET M. CARLSON
It is hereby certified that a copy of the Stipulation and Proposal for Settlement with
Cherry Valley was filed via electronic filing, with the Illinois Pollution Control Board on
December 23, 2005.
B:
BRIDGETM. CARLSON
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 23, 2005
