BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,)
Complainant,)
vs.
)
No. PCB 06-15
)
(Enforcement
-
Public
ILLINOIS-AMERICAN WATER COMPANY,
)
Water Supply)
an Illinois corporation,)
Respondent.
)
VIA ELECTRONIC FILING
NOTICE
OF FILING
TO:
Tracy D. Elzemneyer
Dorothy Gunn, Clerk
Corporate Counsel
Illinois Pollution Control Board
American Water Central Region
James R. Thompson Center
727 Craig Road
100 W. Randolph Street, Suite 11-500
St. Louis, Missouri 63141
Chicago, IlL 60601'
PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk of the
Illinois Pollution Control Board an original and nine copies of the Stipulation and Proposal for
Settlement, an Agreed Motion for Relief from the Hearing Requirement, Notice of Filing and a
Certificate of Service, a copy of which is attached herewith and served upon you.
Respectfully submitted,
PEOPLE OF THE STATE OF TLLINOIS
LISA MADIGAN
Attorney General
State of Illinois
BY :
_
_
_
_
_
_
_
__J
ZEMEHERET BEREKET-AB
Assistant Attorney General
Environmental Bureau
188 W. Randolph
St., 20th Fl.
Chicago,
IL 60601
(312) 814-3816
DATE:
January
26, 2006
THIS FILING IS SUBMITTED ON RECYCLED PAPER
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 26, 2006
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,)
Complainant,)
vs.
)
No. PCB 06-15
)
(Enforcement
-
Public
ILLINOIS-AMERICAN
WATER COMPANY,
)
Water Supply)
an Illinois corporation,)
Respondent.)
AGREED MOTION TO REOUEST RELIEF
FROM THE HEARING REOUIREMENT
In support of this Motion, the parties state as follows:
1.
Today, the People of the State of Illinois, filed a Stipulation and Proposal for
Settlement, with the Illinois Pollution Control Board.
2.
Section 3 1(c)(2) of the Illinois Environmental Protection Act, ("Act"), 415 ILCS
5/3 1 (c)(2)(2004) provides:
Notwithstanding the provisions of subdivision (1) of this subsection (c),
whenever a complaint has been filed on behalf of the Agency or by the
People of the State of Illinois, the parties may file with the Board a
stipulation and proposal for settlement accompanied by a request for relief
from the requirement of a hearing pursuant to subdivision (1).
...
3.
Complainant and Respondent agree that a formal hearing is not necessary to
conclude this matter and wish to avail themselves of Section 3 1(c)(2) of the Act, 415 ILCS
5/31 (c)(2)(2004).
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 26, 2006
WHEREFORE, Complainant and Respondent request relief from the hearing requirement
pursuant to Section 3 1(c)(2) of the Act.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN
Attorney General
State of Illinois
MATTHEW
J.
DUNN, Chief
Environmental Enforcement!
Asbestos Litigation Division
ROSEMARIE CAZEAU, Chief
Environmental Bureau
BY:
#
ZEMEHERET BEREKET-AB
Assistant Attorney General
Enviromnmental Bureau
188 W. Randolph St., 20th Fl.
Chicago, Illinois 60601
(312) 814-3816
DATE:
January 26, 2006
C:n~m~atl
nfrc,,ntZBERBKE-ABlUini-Anrucn
Agree Mot to Re Relie I.23-V6&d
2
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 26, 2006
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF
THE STATE OF ILLINOIS,
ex rel.
LISA MADIGAN, Attorney
General of the State of Illinois,
PCB 06-15
Complainant,
(Enforcement
-
Public
V.)
Wat~r Supply)
ILLINOIS-AMERICAN WATER COMPANY,
an Illinois corporation,
Respondent.
STIPULATION AND PROPOSAL FOR SETTLEMENT
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 ILLINOIS-
AMERICAN WATER COMPANY, ("Respondent and/or "ILAWC"), have agreed
to. the making of this Stipulation and Proposal f
or Settlement
("Stipulation") and submit it to the Illinois Pollution Control
Board ("Board") for approval.
The parties agree that the
statement of facts contained herein represent 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
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 26, 2006
herein, shall be introduced into evidence in any other proceeding
regarding the claims asserted in the Complaint except as
otherwise provided herein.
If the Board approves and enters this
Stipulation, Respondent 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.
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 ILCS 5/1 et
seq.
(2004).
II. AUTHORIZATION
The undersigned representatives for each party certify 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 August 1, 2005, a Complaint was filed on behalf of
the People of the State of 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(2004), against the Respondent.
2
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 26, 2006
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 (2004).
3.
At all times relevant to the Complaint, Respondent
TLAWC was and is an Illinois corporation in good standing.
B.
Site Description
1.
At all times relevant to this Complaint, Respondent
ILAWC is the operator of the public water supply that serves the
new Home Depot store number 1989, located on 143rd Street and
Bell Road, Homer Township, Will County, Illinois ("construction
site" or "Project",)
2.
Respondent ILAWC is responsible ifor obtaining an
operating permit for the water mains in its system, including the
water mains installed to serve the construction site described
above.
3.
On November 17, 2003, Respondent TLAWC placed in
operation the 88-feet of 6-inch water main and 2,303 feet of 10-
inch water main without first applying for and obtaining an
operating permit from the Illinois EPA.
4.
On January 5, 2004, Respondent TLAWC applied for an
operating permit for the water mains after having already placed
the water mains in operation.
3
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 26, 2006
5.
On January 9, 2004, the Illinois EPA issued operating
Permit No. 0431-FY2004/04 to Respondent, ILAWC.
C.
Allegations of Non-Compliance
Complainant contends that the Respondent has violated the
following provisions of the Act and Board regulations:
Count I:
Failure to obtain an Operating Permit, in
violation of Section 18(a) (3) of the Act, 415
ILCS 5/18(a) (3) (2004), and 35 Ill. Adm. Code
602.101(a).
D.
Non-Admission of Violations
The Respondent represents that it has entered into this
Stipulation for the purpose of settling and compromising disputed
claims without having to incur the expense of contested
litigation.
By entering into this Stipulation and complying with
its terms, the Respondent does not affirmatively admit the
allegations of violation within the Complaint and referenced
within Section IIT.C herein, and this Stipulation shall not be
interpreted as including such admission.
IV. APPLICABILITY
This Stipulation shall apply to and be binding upon the
Complainant and the Respondent, and any officer, director, agent,
or employee of the Respondent, as well as any successors or
assigns of the Respondent.
The Respondent shall not raise as a
4
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 26, 2006
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.
V. COMPLIANCE WITH OTHER LAWS AND REGULATIONS
This Stipulation in no way affects the responsibilities of
the Respondent 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. Adm. Code, Subtitles A through H.
VI. IMPACT ON THE PUBLIC RESULTING FROM ALLEGED NON-COMPLIANCE
Section 33(c) of the Act, 415'ILCS 5/33(c) (2004), 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;
5
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 26, 2006
4.
the technical practicability and economic
reasonableness of reducing or eliminating the
emissions, discharges or deposits resulting
from such pollution source; and
S.
any subsequent compliance.
In response to these factors, Complainant states the
following:
1.
Human health and the environment were threatened and
the Illinois EPA's information gathering responsibilities
hindered by the Respondent's failure to obtain an operating
permit prior to placing the water mains in operation.
2.
There is social and economic benefit to the water mains
at the construction site.
3.
Operation of the water mains at the construction site
is suitable for the area in which it is located.
4.
Obtaining an operating permit prior to placing the
water mains in operation at the construction site and compliance
with the terms of the operating permit was both technically
practicable and economically reasonable.
5.
Respondent has subsequently complied with the Act and
the Board Regulations by applying for and obtaining an operating
permit from the Illinois EPA.
6
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 26, 2006
VII. CONSIDERATION OF SECTION 42(h) FACTORS
Section 42 (h) of the Act, 415 ILCS 5/42 (h)
(2004)
,
provides
as follows:
In determining the appropriate civil penalty to be
i~mposed under
.
.
.
this Section, the Board is
authorized to consider anV 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 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
7
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 26, 2006
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, Complainant states as follows:
1.
Operation of water mains without first obtaining an
operating permit from the Illinois EPA is a significant
violation. On November 17, 2003, Respondent placed the water
mains in operation and the operating permit was issued less than
two months later on January 9, 2004.
2.
Respondent demonstrated diligence in correcting the
violation,.as it self-reported the violation and submitted the
necessary information required for the issuance of the operating
permit.
3.
The $7,500.00 (Seven Thousand Five Hundred Dollars)
civil penalty agreed to herein, negates the economic benefits
accrued by the Respondent by its failure to apply for an
operating permit.
4.
Complainant has determined, based upon the specific
facts of this matter, that a penalty of Seven Thousand Five
Hundred Dollars ($7,500.00) will serve to deter further
violations and aid in future voluntary compliance with the Act
and Board regulations.
8
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 26, 2006
5.
The Respondent, ILAWC has prior adjudicated violations
of the Act and Board regulations. On September 7, 2000, the
Illinois Pol~lution Control Board entered an order accepting a
stipulation and proposal for settlement in the matter of People
of the State of Illinois v. Illinois-American Water Company, PCB
00-113. In that matter, TLAWC failed to adequately separate a
newly constructed water main from a privately owned septic system
near Chillicothe, Peoria County, Illinois and paid a civil
penalty of $25,000.00.
6.
ITAAWC self-reported the operating permit violation to
the Illinois EPA in this matter.
7.
ILAWC has agreed to undertake:
(a) A Supplemental Environmental Project ("SEP")
consisting of a cash contribution of Live
Thousand Dollars ($5,000.00) to the Village
of Homer Glen, Will County, Illinois, for use
in constructing an off road multi use trail
system and trailhead.
(b) Hire an environmental scientist to perform a
formal compliance audit at one of ILAWC's
facilities in the Chicago-Metropolitan area
valued at $5,000.00 (Five Thousand Dollars).
VIII. TERMS OF SETTLEMENT
A.
Penalty Payment
1.
The Respondent shall pay a civil penalty in the sum of
Seven Thousand Five Hundred Dollars ($7,500.00) within thirty
(30) days from the date the Board adopts and accepts this
9
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 26, 2006
Stipulation.
The Respondent stipulates that payment has been
tendered to Respondent's attorney of record in this matter in a
form acceptable to that attorney. Further, Respondent stipulates
that said attorney has been directed to make the penalty payment
on behalf of-Respondent, 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
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
The name and number of the case and Respondent's Federal Employer
Identification Number ("FEIN") shall appear on the face of check.
A copy of the certified check, money order or record of
electronic funds transfer and any transmittal letter shall be
sent to;
Zemeheret Bereket-Ab
Assistant Attorney General
Environmental Bureau
188 W. Randolph St.,
2
0
oth
Floor
Chicago, Illinois 60601
10
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 26, 2006
2.
Pursuant to Section 42(g) of the Act, 415 ILCS 5/42(g)
(2004), 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 Act, 35 ILCS 5/1003
(2004).
Tnterest 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 may
be reached at the following address:
Tracy ID. Elzemeyer
Corporate Counsel
American Water Central Region
727 Craig Road
St. Louis, MO 63141
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
at torney's fees.
11
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 26, 2006
B.
Supplemental Environmental Project
1.
ILAWC
shall, within 30 days of entry of this
Stipulation, undertake a SEP consisting of a cash contribution of
Five Thousand Dollars ($5,000.00) to the Village of Homer Glen,
Will County, Illinois, for use in constructing an off-road multi-
use trail system and trailhead. Payment of this $5,000.00 cash
contribution shall be made by certified check or money order,
payable to the Village of Homer Glen and shall be sent by first
class mail to:
Village of Homer Glen
d/o Dwight Johnson, Village Manager
14331 South Golden Oak Drive
Homer Glen, Illinois 60491
2.
ILAWC shall, within 45 days of entry of this
Stipulation perform an environmental compliance audit at one of
its facilities in the Chicago-Metropolitan area.
Such compliance
audit shall be valued at $5,000.00 (Five Thousand Dollars)
.
A
copy of the formal environmental compliance audit shall be
submitted to the Plaintiff within forty five (45) days of its
completion.
The submittal required herein shall be submitted in
accordance with Section VIII.F. herein.
Submittal of the formal environmental compliance audit
report required by this paragraph shall not be used to argue that
12
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 26, 2006
ILAWC has waived any privilege that may apply to any other audit
conducted by ILAWC.
C.
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 VITT.E, below, the Respondent
hereby agrees that this Stipulation may be used against the
Respondent 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 Complaifit in this matter, for purposes
of Section 39(a) and Ci
and/or 42(h) of the Act, 415 ILCS
5/39(a) and(i) and/or 5/42(h) (2004).
Further, Respondent agrees
to waive any rights to contest, in any subsequent enforcement
action or permit proceeding, any allegations that these alleged
violations were adjudicated.
D.
Cease and Desist
The Respondent 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 TTI.C ("Allegations of Non-
Compliance") of this Stipulation.
13
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 26, 2006
E.
Release from Liability
In consideration of the Respondent.'s payment of the Seven
Thousand Five Hundred Dollars ($7,500.00) penalty and any
specified costs and accrued interest, implementation of the SEP
described in Section VIII.B.l. and the environmental audit
required by Section VIIIYB.2., herein, to Cease and Desist as
contained in Section VIII.D. 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 from any further liability or penalties
for violations of the Act and Boar'd 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 August 1, 2005. The
Complainant reserves, and this Stipulat~ion is without prejudice
to, all rights of the State of Illinois against the Respondent
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
14
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 26, 2006
d.
liability or claims based on the Respondent'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 perso'n, as defined by Section
3.315 of the Act, 415 ILCS 5/3.315, or entity other than the
Respondent.
F.
Correspondence, Reports and Other Documents
Any and all correspondence, reports and any other documents
required under this Stipulation, except for payments pursuant to
Sections VIII.A.l. ("Penalty Payment") of this Stipulation shall
be submitted as follows:
As to the Complainant
Zemeheret Bereket-Ab
Assistant Attorney General
Environmental Bureau
188 W. Randolph St.,
2
0
th
Floor
Chicago, Illinois 60601
Joey Logan-Wilkey
Assistant Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
15
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 26, 2006
As to the Respondent
Tracy D. Elzemeyer
Corporate Counsel
American Water Central Region
727 Craig Road
St. Louis, MO 63141
G.
Modification of Stipulation
The parties may, by mutual written consent, agree to extend
any compliance dates or modify the terms of this Stipulation. A
request for any modification shall be made in writing and
submitted to the contact persons identified in Section VTII.F.
Any such reguest shall be made by separate document, and shall
not be submitted within any other report or submittal required by
this Stipulation. Any such agreed modification shall be in
writing, signed by authorized representatives of each party, and
then accompany a joint motion to the Illinois Pollution Control
Board seeking a modification of the prior order approving and
accepting the Stipulation to approve and accept the Stipulation
as amended.
H.
Enforcement of Board Order
1.
Upon the entry of the Board's Order approving and
accepting this 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.
16
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 26, 2006
2.
Respondent agrees that notice of any subsequent
proceeding to enforce the Board Order approving and accepting
this 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 Stipulation and Proposal for Settlement, then
neither party is bound by the terms herein.
4.
It is the intent of the Complainant and Respondent that
the provisions of this Stipulation and Proposal for Settlement
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.
[THE
REMAINDER
OF
THIS
PAGE
IS
INTENTIONALLY
LEFT
BLANKJ
17
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 26, 2006
WHEREFORE, Complainant and Respondent request that the Board
adopt and accept the foregoing Stipulation and Proposal for
Settlement as written.
PEOPLE OF THE STATE OF ILLINOIS,
LISA MADIGAN
Attorney General
St-ate of Illinois
MATTHEW J. DUNN, Chief
Environmental Enforcement/
Asbestos Litigation Division
BY:
%AAADATE:
I(2
O)
Assistant Attorney General
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY
BY:
j4 1
7
1 4.
DATE:
J (o
ROBERT'A. ME9SN
Chief Legal Counsel
ILLINOIS-AMERICAN WATER COMPANY
BY:
c
t
l.DATE:
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Name: ~2
f,
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~
Title:
_
_
_
_
_
_
_
_
_
0G \Environmental
Enforcement\Z
BEREICET-AS\Illinoio-Ameican
Stiplaltion
11-29-DS .wd
18
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 26, 2006
CERTIFICATE OF SERVICE
I,
ZEMEHERET BEREKET-AB, an Assistant Attorney General, do certify that I caused
to be served on this
2 6th
day of January 2006, the foregoing Notice of Filing, a Stipulation and
Proposal for Settlement, and an Agreed Motion for Relief from the Hearing Requirement, upon
the persons listed on said Notice by placing same in an envelope bearing sufficient postage with
the United States Postal Service located at 1 00 West Randolph Street, Chicago, Illinois.
ZEMEHERET BEREKET-AB
G:\E.virmnctal Enf.rcent'Z BEREKBT-AWJMi.oi-A~mcrc
NOF&Ccnifictc
1-23-06.wpd
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 26, 2006
