REcEnj~
CLERK’S OFFICE
JUN
3
Ii
2004
STATE OF ILLINOIS
Pollution
Control Board
OFFICE OF THE KVFORNEY GENE BALI
STATE OF ILLINOIS
Lisa Madigan
ATTORNEY GENERAL
June 25, 2004
The Honorable
Dorothy Gunn
Illinois Pollution
Control
Board
State of Illinois Center
100 West Randolph
Chicago,
Illinois 60601
Re:
People v.
Elysium
Energy
PCB
No.
03-223
Dear Clerk Gunn:
Enclosed forfiling please find the original and ten copiesof a NOTICE OF FILING, MOTION
FOR
RELIEF
FROM
HEARING
REQUIREMENT
and
STIPULATION
AND
PROPOSAL
FOR
SETTLEMENT 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,
stamped
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
~Vest
Randolph
Sircet, Chicago,
Illinois
60601
•
(312)
814-3000
•
TTY:
(312)
814-3374
•
Fax: (312)
814-3806
1001
East Main, Carhondale,
Illinois
62901
•
(hI 8)529—640))
•
‘l”l’Y:
(618) 329—6403
•
Fax:
(618) 529—6416
lED
JUN 30
2004
BEFORE THE
ILLINOIS POLLUTION
CONTROL BOARD
STATE OF ILLINOtS
PEOPLE OF THE STATE
OF
)
POllutIon Control Board
ILLINOIS,
Complainant,
vs.
)
PCB
No. 03-223
)
(Enforcement)
ELYSIUM
ENERGY,
an Illinois
)
limited
liability corporation,
)
Respondent.
)
NOTICE OF FILING
To:
Charlie
Northrup
Sorling, Northrup,
Hanna,
Cullen & Cochran,
Ltd.
Attorneys for
Elysium
Energy
Suite 800,
Illinois
Building
Springfield,
IL 62705
PLEASE TAKE NOTICE that on this
date
I
iled for filing with the Clerk of the Pollution
Control
Board
of the State
of Illinois,
a
T,
MOTION
FOR
RELIEF
FROM
HEARING
REQUIREMENT
and
STIPULATION
AND
PROPOSAL
FOR
SETTLEMENT,
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
BY:
7~—~
~
,‘-~
JANE
E.
McBRIDE
Assistant Attorney General
Environmental Bureau
500
South
Second Street
Springfield,
Illinois
62706
217/782-9031
Dated:
June 25, 2004
1
RE
CE
~VIE D
CLERK’S OFFICE
JUN
302004
CERTIFICATE OF SERVICE
STATE OF
ILLINOIS
Pollution Control
Board
I
hereby
certify that
I
did
on June 25, 2004,
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,
MOTION
FOR
RELIEF
FROM HEARING
REQUIREMENT and
STIPULATION AND
PROPOSAL
FOR SETTLEMENT
To:
Charlie
Northrup
Sorling,
Northrup,
Hanna,
Cullen
& Cochran,
Ltd.
Attorneys for Elysium
Energy
Suite
800,
Illinois Building
607 East Adams
P.O.
Box 5131
Springfield,
IL 62705
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
James
R. Thompson 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:
Carol Sudman
Hearing
Officer
Illinois
Pollution Control
Board
1021
N.
Grand Avenue East
Springfield,
IL 62794
~ne
E.
McBride
Assistant Attorney General
This filing is submitted
on recycled
paper
CLERK S OFF!CE
BEFORE THE
ILLINOIS POLLUTION
CONTROL BOARD
JUN
302004
STATE OF
ILLINOIS
PEOPLE OF THE STATE OF
)
POIlUtIOfl Control
Board
ILLINOIS,
Complainant,
vs.
)
PCB
No. 03-223
)
(Enforcement)
ELYSIUM
ENERGY,
an
Illinois
)
limited liability corporation,
)
Respondent.
)
MOTION
FOR RELIEF
FROM HEARING
REQUIREMENT
NOW
COMES
Complainant, PEOPLE
OF THE STATE OF ILLINOIS, by 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 5/31(c)(2) (2002),
moves that the Illinois
Pollution
Control
Board
grant the parties
in the above-captioned
matter relief from the hearing
requirement
imposed by Section
31 (c)(1) of the Act, 415 ILCS 5/31 (c)(1) (2002).
In
support of
this motion, Complainant states as follows:
1.
On June
9,
2003,
Complainant filed
a Complaint with the Board,
alleging
violations
by the Respondent of the Act and
Board regulations.
2.
The parties
have reached
agreement on all outstanding
issues
in
this matter.
3.
This agreement
is presented to the
Board
in a Stipulation
and
Proposal for
Settlement, filed
contemporaneously with this
motion.
4.
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
5/31(c)(2) (2002).
1
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
31(c)(1)
of the Act, 415
ILCS 5/31(c)(1) (2002).
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN
ATTORNEY GENERAL
MATTHEW J.
DUNN, Chief
Environmental Enforcement/Asbestos
Litigation
Division
BY:
~
,.-KIANE E.
McBRIDE
Environmental Bureau
Assistant Attorney General
500 South
Second Street
Springfield,
Illinois
62706
217/782-9031
Dated:
June
25, 2004
2
RECE~VED
CLERK’S OFFICE
BEFORE THE
ILLINOIS POLLUTION
CONTROL BOARD
JUN
302004
STATE OF
ILLINOIS
PEOPLE OF THE STATE
OF
)
Pollution
Control
Board
ILLINOIS,
Complainant,
v.
)
PCB
No. 03-223
)
(Enforcement)
ELYSIUM
ENERGY,
an Illinois
)
limited liability
corporation
)
Respondent.
STIPULATION
AND PROPOSAL
FOR SETTLEMENT
Complainant, PEOPLE
OF THE
STATE
OF
ILLINOIS,
by
LISA MADIGAN,
Attorney
General of the State of Illinois,
at the request of the ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY (“Illinois
EPA”),
and the Respondent ELYSIUM
ENERGY,
LLC,
do
hereby submit this Stipulation and
Proposal for Settlement.
The parties
stipulate that the
Statement of Facts contained
herein
represents a summary
of the evidence and testimony
which would be
introduced
by the parties if a full hearing were
held
on those
issues
for which
a
settlement is proposed.
The parties
agree that the purpose of this Stipulation and
Proposal for
Settlement is to resolve Complainant’s claims against Respondents as set forth
in
the pending
Complaint.
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 this or
any other proceeding except
to enforce the terms
hereof by the parties to this agreement.
Notwithstanding the previous sentence,
this Stipulation and
Proposal for
Board
(“Board”) Order
accepting
same may
be used
in any future enforcement action
as evidence of a past
adjudication of violations, as provided
in
Sections 39(i) and 42(h)
of the Illinois
Environmental
Protection Act (“Act”), 415
ILCS 5/39(i) and 42(h)
(2002).
This agreement shall be
null and
void
unless the Board
approves and
disposes of this matter on each and
every one of the terms
and
conditions
of the settlement set forth herein.
JURISDICTION
The Board
has jurisdiction of the subject matter herein
and of the parties consenting
hereto
pursuant to
the Illinois Environmental Protection Act, 415
ILCS 5/1
et seq.
(2002).
The
Complaint states a cause of action
upon which relief may be granted.
II.
AUTHORIZATION
The authorized
representatives for each
signatory to
this Stipulation and
Proposal for
Settlement certify that they are fully authorized
by the party whom they represent to enter into
the terms
and conditions
of this Stipulation and
Proposal for settlement and to
legally bind that
party to
it.
Ill.
APPLICABILITY
This Stipulation
and Proposal for Settlement shall apply to and
be binding
upon the
Complainant and
Respondent, as well as the successors and assigns of Respondent and any
of its officers, directors, agents, employees or servants. Respondent shall not raise as a
defense to any action
undertaken
to enforce the terms and conditions
of this Stipulation and
Proposal for Settlement or the Board Order approving
it, the failure of their officers, directors,
agents, employees
or servants to take such action as shall be
required to comply with the
provisions of this Stipulation and Proposal for Settlement.
IV.
STATEMENTOF FACTS
Pursuant to the requirements of35
III. Adm. Code 103.302 (2001), the parties submit
2
the following stipulation
of facts pertaining to
the nature, extent,
and
causes
of the violations
and the nature of Respondent’s operations and
control equipment.
1.
The Complaint and this Stipulation
and
Proposal for Settlement
are brought
pursuant to the statutory authority of the Attorney General
to prosecute
civil actions
to obtain
civil penalties for violations of the Act, 415
ILCS 5/1
et
seq. (2002), and
at the request of the
Illinois
Environmental Protection Agency.
2.
Respondent
Elysium
Energy is a
limited liability corporation,
registered
in Illinois.
The registered agent
is Don
Butler,
C.T.
Corporation,
208 South
LaSalle Street,
Chicago,
IL
60604.
3.
Respondent Elysium
Energy owns and
operates an
operating oil field
maintenance facility located
on
rural property near West Liberty, Jasper
County,
Illinois (the
“facility”).
The facility is located
.4
miles west of the intersection of Route
130 and 25, about
three-fourths
mile west of West
Liberty and 9.5 miles south of Newton,
Illinois.
The facility was
used
as a storage facility for oil field equipment
and
supplies.
Elysium acquired
the facility from
the bankruptcy estate of Equinox Oil Company in November 2000.
It is Respondent Elysium’s
contention that
at the time of the acquisition, the facility was in
a state of neglect.
It is the
Respondent’s
contention
that Elysium
recognized the condition of the facility and
began
operations to
restore the facility in August 2001
and that this work
included hiring
outside
contractors to
perform removal
and restoration
work.
It is Respondent Elysium’s contention
that this restoration project resulted,
in part,
in certain conditions observed
by
Illinois EPA
inspectors which formed
the basis of this lawsuit.
4.
On August 27 and
28, 2001,
the
Illinois
EPA conducted
an inspection
of the
facility.
At the time of the inspection,
on August 27, 2001, the inspector observed an
area of
approximately 20 drums
that had been
crushed and were
leaking
a dark, amber-colored
substance onto the ground.
One of the drums
had
“scale remover” still
legible on
a
label, but
3
the rest of the drums were
either unmarked or unreadable.
The inspector observed that the
substance leaking from the drums appeared
and felt oily,
and
it emitted
a
heavy, oily,
organic
odor.
A subsequent
pH test of samples of the leaking
substance did
not register because of
the organic nature of the spilled
material.
5.
At the time of the inspection
on August 27, 2001,
the inspector observed an area
east of the drum site that consisted of a large
burn
pile with
burned and
charred wood,
metal
and the remains
of at least two tires.
6.
At the time of the inspection
on August 27, 2001,
a roll-off container was
located
outside a building
on the west side of the property.
The inspector observed
that the container
was filled with mostly
old office furniture,
but also
contained one five-gallon bucket that was
observed
to
be leaking
an
amber-colored liquid.
The inspector observed
that the
liquid
leaking
from the five-gallon bucket was flowing
out of the corner of the roll-off box onto the ground.
7.
At the time of the inspection on
August 27, 2001, the inspector observed several
drums inside buildings or just outside the doors of several
buildings
that appeared
to be
in good
shape and
carried labels indicating the contents consisted of crankcase oil for heavy
machinery.
8.
On August 28, 2001, the Illinois EPA conducted another inspection
of the facility.
Two representatives of Respondent Elysium
Energy accompanied
the inspector
at the time of
the inspection.
At
the time of the inspection,
the Respondent’s representatives provided the
-
-
inspector with
copies of MSDS sheets for the four types of chemicals handled
at the plant.
The
four chemicals identified
by the Respondent’s
representatives were scale
remover,
corrosion
inhibitors,
paraffin
inhibitor and emulsion
breakers.
All of these chemicals contain a large
percentage
of petroleum naphtha, possibly making them a hazardous waste.
The results of
sampling indicated
that the substances on the property at
the spill site at the time of the
inspection
indicated the wastes were
not regulated
hazardous wastes and
did
not have
4
hazardous
characteristics.
However, the wastes were of a nature
considered special wastes.
9.
Complainant alleges that by causing or allowing
the consolidation
and
crushing
of approximately 20
drums of special waste; the consolidation
and
burning of wood,
metal and
tires; the placement of a roll-off container containing waste
and a
bucket leaking
a
liquid
substance onto the ground, and the existence and accumulation
of drums containing crankcase
oil at
its facility, Respondent
Elysium
Energy has
caused or allowed the open
dumping
of waste
at its facility in
a manner that h~s
resulted
in
litter, opening
burning
and
standing or flowing
liquid
discharge from the dump site
and has
thereby violated
Sections 21(a),
(e) and
(p)(1), (3)
and
(6) of the Act, 415
ILCS 21(a),
(e),
(p)(1),(3) and (6)(2002).
10.
Complainant alleges that by failing to
determine if
liquids contain
in
drums
at the
facility were
hazardous wastes before the drums were disposed
of by open dumping,
Respondent Elysium
Energy has violated 35
III.
Adm.
Code 722.111.
11.
Complainant alleges that
by failing to
determine
if liquids
contained
in drums at
the facility were special wastes
before the drums were disposed of by open dumping,
Respondent Elysium has violated 35
III. Adm.
Code 808.121 (a).
12.
Complainant alleges that by causing
or allowing
the combustion of wood,
metal
and
tires in the open and
in an open dump and, thereby, causing, threatening or allowing the
discharge or emission of
contaminants into the environment so as to cause or tend to cause air
pollution
in
Illinois, either alone or in combination with contaminants from other sources, and so
as
to
violate regulations or standards adopted by the Board
under this Act, Respondent Elysium
Energy has violated
Section
9(a) and
(c) and
Section 21(o)(4) of the Act, 415 ILCS 5/9(a),
(c),
and 21(o)(4) (2002).
13.
Complainant alleges that by causing
or allowing
the open dumping
and open
burning of
used or waste tires at
its facility, Respondent Elysium
Energy has violated
Section
55(a)(1) and
(2) of the Act, 415
ILCS 5/55(a)(1),(2) (2002).
5
V.
FUTURE PLANS OF COMPLIANCE
The
Respondent ELYSIUM
ENERGY,
LLC shall diligently conform to the Act, 415 ILCS
5/1
etseq.
(2002), and
the Board’s regulations,
35111. Adm.
Code,
Subtitles A through H
(2001).
VI.
IMPACT ON
THE
PUBLIC RESULTING
FROM
NONCOMPLIANCE
Section 33(c) of the Act, 415
ILCS
5/33(c)
(2002),
provides:
***
c.
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:
the character and degree of injury to,
or interference with
the protection of the
health,
general welfare
and physical
property of the people;
ii.
the social and
economic value of the pollution source;
iii.
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;
iv.
the technical
practicability and economic reasonableness
of reducing
or eliminating the emissions, discharges or
deposits resulting
from such
pollution source;
and
v.
any subsequent compliance.
In
response to
these factors, the
parties incorporate by reference the Statement of Facts
and
also state
as follows:
1.
The injury to or interference with
the
health,
general welfare and
physical
property
of the people
caused by an
unpermitted storage and
disposal site where special
wastes have
been open dumped and
allowed to leak and flow
onto the ground
would
be
characterized as having
the potential for contaminating the land
and
any water that such wastes
6
may come in
contact with.
The degree of injury
could
be potentially severe.
2.
A site of open dumping
of special wastes that, as such, exists as an unpermitted
storage
and disposal site,
has no
social and
economic value.
An
oil field
maintenance facility
that is properly maintained
and
operated,
in compliance with all
applicable environmental laws
and
regulations,
does
have social and
economic value.
3.
The site is not suitable as a waste storage and
disposal
site,
in that its primary
use
is an
oil field
maintenance’facility and it is not permitted
as a storage and
disposal site for
special wastes.
4.
Compliance with the Act and
Board
regulations is technically practicable and
economically reasonable.
5.
Respondent remediated the property immediately.
All wastes were
removed
from the property and
layers of exposed
soil removed from the immediate site of dumping and
leaks.
The wastes and
impacted
soil were
properly disposed within a matter of weeks
of the
August 27 and
28,
2001
inspection.
Respondent incurred
costs of $15,526.77
to
perform these
tasks.
Respondent remained
in
contact with
and
cooperated with the Illinois
EPA throughout
the remediation.
Since the completion of the remediation,
additional funds have been
spent
and
23
Elysium employees
have completed the
40 hour HAZWOPER
training
and eight are
in
progress of completing
it.
An additional
19
employees are in the progress of completing the 8-
hour HAZWOPER training.
VII.
COMPLIANCE WITH OTHER LAWS AND REGULATIONS
This Stipulation
and
Proposal for Settlement in
no way affects the responsibility of
Respondents to
comply with
any federal, state,
or local laws or regulations,
including
but not
limited to the Act, 415
ILCS 5/1
et seq.
(2002),
and the Board’s rules and
regulations, 35
III.
7
Adm.
Code, Subtitles A through H
(2001).
VIII.
DETERMINATION OF APPROPRIATE CIVIL PENALTY
Section 42(h) of the Act, 415 ILCS 5/42(h) (2002), provides:
***
h.
In determining the appropriate civil penalty to be imposed under
subdivisions (a), (b)(1), (b)(2), (b)(3) or (b)(5) of 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 orabsence ofdue diligence on the
part of the violator in attempting to comply with the
requirements of this Act and regulations thereunder
or to secure relief therefrom as provided by this
Act;
(3)
any economic benefits accrued by the violator
because of delay in compliance with requirements;
(4)
the amount of monetary penalty which will serve to
deter further violations by the violator and to
otherwise aid
in enhancing voluntary compliance
with this Act by the violator and other persons
similarly subject to the Act; and
(5)
the number, proximity in time, and gravity of
previously adjudicated violations of this Act by the
violator.
In response to these factors, the parties incorporate by reference the Statement of Facts
and also state as follows:
1.
After acquiring the site, Respondent began site restoration activities in August,
2001.
It is unknown how longthe open dumping and leaking of wastes existed at the site prior
to the Illinois EPA’s August 27 and 28, 2001 inspection.
All wastes and impacted soil were
removed from the site within
approximately three weeks of the August 27
and 28, 2001
8
inspection.
2.
All wastes and impacted soil was removed fromthe site within approximately
three weeks of the August 27 and 28, 2001 inspection. A final determination as to the nature of
the waste was made in December of 2001, at which time the contained impacted soil and any
remaining contained wastes were properly disposed of.
3.
Complainant contends that Respondent would have realized economic benefit if
ithad been allowed to continue with its improper disposal of special waste.
In that Respondent
was required to remediate the site,
it realized no economic benefit from noncompliance.
Respondent contends that in that it promptlyremediated the site and that the conditions
observed by the
IllinoisEPAwere not the result of any systematic or planned storage or
disposal practices,
it realized no economic benefit from noncompliance.
4.
Complainant has determined,
in this instance, that a penalty of twenty-five
thousand dollars ($25,000.00), will serve to deter future violations and aid in future voluntary
enforcement of the Act and applicable Board rules and regulations.
5.
Respondent has no known history of prior adjudicated violations.
IX.
NONADMISSION OF LIABILITY
This
Stipulation and Proposal for Settlement
is entered
into for the purpose of settling
and compromising disputed claims without the expense
of contested
litigation.
By entering
into
this Stipulation and Proposal for Settlement and complying with its terms, Elysium Energy, LLC
does not
affirmatively admit the allegations of violation within the Complaint,
and this Stipulation
and Proposal for Settlement shall not be interpreted as including such admission.
9
X.
PROPOSAL FORSETTLEMENT
1.
Respondent Elysium
Energy,
LLC shall pay a civil penalty of twenty-five
thousand dollars ($25,000.00), within thirty (30) days of the Board’s Order approving this
Stipulation and Proposal for Settlement. Payment shall be by certified. check made payable to,
“Illinois Environmental Protection Agency, for deposit into the Environmental Protection Trust
Fund,” and shall be submitted to:
Illinois Environmental Protection Agency
Fiscal Services Section
1021 North Grand Avenue East
Post Office Box 19276
Springfield,
Illinois 62794-9276
The name, number of the case, and the
Respondent’s
Federal Employer Identification
Number (“FEIN”) shall appear on the check.
Respondent Elysium Energy’s FEIN is 14-
1824050. A copy of the check and payment transmittal shall be simultaneously
submitted to:
IllinoisAttorney General’s Office
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
2.
In the event the penalty is not paid in a timely fashion, interest shall accrue and
be paid by Respondent at the rate set forth in Section 1003(a) of the Illinois Income Tax Act, 35
ILCS 5/1003(a) (2000), pursuant to Section 42(g) of the Act, 415 ILCS 5/42(g) (2002).
3.
Respondent shall cease and desist from future violations of any federal, state, or
local environmental statutes and regulations, including, but not limited to, the Act, 415 ILCS 5/1
et seq.
(2002), and the Board’s rules and regulations, 35
III. Adm. Code, SubtitlesA through H
(2001).
10
XI.
ABATEMENT OF VIOLATIONS
This
Stipulation and Proposal for Settlement, upon
its adoption by
the Board,
constitutes
an order to abate violations of the Act and regulations thereunder.
XII.
RELEASE
FROM LIABILITY
The Complainant shall release,waive and discharge Respondent ELYSIUM ENERGY,
LLC, from any further liability or penalties for violations of the Act and Board regulations which
were specifically the subject matter of the Complaint herein, upon receipt by Complainant of the
payment required
in Section X.1., and upon compliance with the terms of this Stipulation and
Proposal for Settlement. However, nothing in this Stipulation and Proposal for Settlement shall
be construed as a waiver by Complainant of the right to redress future violations or obtain
penalties with respect thereto, nor shall anything contained herein constitute a waiver by
Respondent to contest and defend any and all alleged future violations or penalties.
11
WHEREFORE, Complainant and the named Respondent request that the
Board
adopt
and accept the foregoing Stipulation and Proposal for Settlement as written.
AGREED:
FOR THE COMPLAINANT:
LISA MADIGAN
Attorney General of the State of Illinois
MATTHEW J. DUNN, Chief
Environmental Enforcement/Asbestos
Litigation Division
BY: ___________________________
THOMAS DAVIS, Chief
Environmental Bureau
Assistant Attorney General
DATED:
~
7/0~1
lLLlNf~ENVIRO
L PROTECTIONAGENCY
BY:______________________
(,~SEPHE. SVOBODA
hlef Legal Counsel
DATED:
C/
FO
T
RESPONDENT:
YS
ENERGY,
L(C
DATED:6/Z-
ôY
12
