BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
by LISA MADIGAN, Attorney General
of the State of Illinois,
Complainant,
V.
DUPAGE MACHINE PRODUCTS,
INC.,
a DelaWare corporation,
Respondent.
CLEFj~(’SOFFICE
OCT25
2004
STATE OF ILLJNOIS
PCB
NO.
04
-
~&~jut~on
Control Board
(Enforcement
Air)
)
NOTICE OF FILING
TO:
Rick Saines
Baker & McKenzie
One Prudential Plaza
130 East Randolph Drive
Chicago,
IL 60601
Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Bd.
100 W. Randolph,
Suite 11-500
Chicago,
IL 60601
• PLEASE TAKE NOTICE that on October 25,
2004, the Office of
the Illinois Attorney General filed with the Illinois Pollution
Control Board a Motion for Relief from Hearing Requirement and a
Stipulation and Proposal
for Settlement,
a true and correct copy
of each is attached and hereby served upon you.
BY:
Respectfully submitted,
LISA MADIGAN
Attorney General
State of Illinois
Assistant Attorney General
Environmental Bureau
188 W. Randolph St.,
20th Floor
Chicago, Illinois
60601
(312)
814-5282
THIS
IS SUBMITTED ON RECYCLED PAPER
•
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
Complainant,
•
OCT 25
2U~Th
•v.
)
No. PCB 04
-
101
STATEOFI~1.S~,
(Enforcement
-
Ai~9IIUt~0nCo~
DUPAGE MACHINE PRODUCTS,
INC.,
a
Delaware 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
(“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.
The Complaint
in this matter alleges violation of the
Sections 9(a),
9(b)
and 9.1(d)
of the Act,
415 ILCS 5/9(a) ,(b),
and 9.1(d)
(2002).
2.
Complainant
is filing this Motion and a Stipulation and
Proposal for Settlement with the Board.
3.
The parties 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 5/31 (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 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
•
State of Illinois
•
BY:
__________
MITCHELL L.
COHEN
Assistant Attorney General
•
Environmental Bureau
188 W. Randolph St.,
20th Floor
Chicago,
Illinois
60601
•
(312)
814-5282
DATE:
October 21,
2004
\\oagff1c\honic$\MCohen\MLC\DuPagcMachPtod\MoRe~HrgReq.wpd
•
•
•
•
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF:THE STATE OF ILLINOIS,
)
••
by LISA
MADIGAN,
Attorney
)‘
•
General of the State of Illinois,
•
)“
•
•
•
-~
•
Complainant,
v.
•‘
DUPAGE MACHINE PRODUCTS,
INC
,
a
•
DelaWarecqrPOration,
•
•
•
•
Respondent.
•)
•
•
STIPULATION AND PROPOSAL FOR SETTLEMENT
•
•
;
Complainant,
PEOPLE OF THE STATE OF ILLINOIS, •by LISA
~ADIGAN,AttOrneyGenera1
of the State of Illi~-iois, the Illinois
EnviroflmefltalProtection Agency
(“Illinois EPA”),
and Respondent,
DUPAGE MACHINE PRODUCTS, INC
(“DuPage”),
an Illinois
•
Corporation, have agreed, to the making of this Stipu1ation~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 test.~.mony’which
would be introduced by the parties ‘if a trial were held.
The
parties further stipulate that’ this statement o~,facts is~made
and. agreed upon for purposes of settlement onl~’andthatneither
the fact that
a party has entered into this Stipulation,
‘nor any
of the facts stipulated herein,
siall
be introduced into evidence
•
in any other proceeding regarding the claims asserted in the
Complaint except as otherwise provided he~ein.
If the Board
approves and enters this Stipulation,
Respondent agrees to be
•
•
OCT252004
PCB No;
04-101
(Enforcement- Air)
•
L
bound by the Stipulation and not to contest its validity in any
subsequent proceeding to implement or enforce its terms.
In~o1vencyof •the Respondent,, by filing
a’ petition’ for bankruptcy
shall not be deemed, a proceeding to contest the validity of this
Stipulation.
‘
•
•
•
•
I.
•
•
•
JURISDICTION
•
The
Board
has
jurisdiction
over
the
‘subject
matter
herein
and of the parties consenting hereto pursuant
to
the Illinois
Environmental Protection Act
(“Act”),
415
I.LCS 5/i et
seq.
(2002)
II.
•
•
AUTHORIZATION.
•
•
•
The undersighed representatives
for
each
party
c’ertify
that
they”are fully authorized by the party whom they represent to
enter into the terms and conditions of this Stipulation Agreement
and to legally bind them to it.
•
‘
•
•
•
•
‘III.,
•
•
•.
•
•
STATEMENT OF FACTS
“
•
A.
Parties
‘.
•
•
•
,
-
•On December 23~, 2003,~a Comp1~intwas 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 thé~Act,
415 ILCS 5/31
(2002)
,
against the Respondent
-2-
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,
including
June 3,
2002,
Respondent,
DuPage, was and is a Delaware
Corporation.
B.
Business and Site Description
• 1.
At all times relevant to this Complaint, Respondent
DuPage was and is the owner and operator of a plant that
manufactures screw products located at
99 International
Boulevard,
Glendale Heights, ‘DuPage County,
Illinois
(“facility”)
2.’
During the manufacturing process, cutting oil’ is applied
to the screw products.
The oil
is rinsed from the various screws
in a vapor degreaser.
3.
DuPage was issued a Federally Enforceable State Operating
Permit
(“FESOP”)
no 97050122 on December 22,
1997.
The FESOP was
issued based on DuPage’s use of a hazardous air pollutant
(“HAP”)
in its vapor degreaser, which is subject to the United States
Environmental Protection Agency’s National Emission Standards For
Hazardous Air Pollutants for Source Categories for Halogenated
Solvent Cleaning
(“USEPA NESHAP Regulations”)
.
FESOP No.
97050122 expired on December 22,
2002.
DuPage filed another
FESOP application,
and the Illinois EPA granted the new permit
-3-
March
31,2003.
‘
‘
‘
‘
‘
‘
4.
On March 28, 2002,
the Illinois EPA’s Field’Operations
Section inspected DuPage’s facility.
‘During’ the inspection,
the.
inspector noted certain apparent violations of-the USEPA NESHAP
Regulations.
,
-
‘
-‘
-
‘
-
‘
‘
,
-
‘
-
5.
After
another’
inspection
onJune
3,
2002,
‘the
Illinois
EPA-issued
Violation
Notice
(“VN”)
A-2002-00152
to
DuPage
for
• .fa~i1ure to
maintain
records
of
degreaser
solvent
usage,
failure
-
to submit both annual
and’ semi-annual reports for the degreaser
for the calendar years 1993 through 2001,
and failure to submit
Annual Emissions Reports
(“AERs”)
for the calendar years 1997
• through 2001.
‘
•‘
:
‘,
,
,
,
‘
c.
A1le~ationsof Non-Compliance
‘
‘
1.
Complainant, contends that the Respondent has violated
the followin~provisions of the Act,
Board,
and USEPA NESHAP
Regulations:
‘
‘
“
‘
‘‘.
‘
‘
Count
I:
FAILURE
‘TO
MAINTAIN
RECORDS
in violation of
Sections
9(b)
and 9.1.
(d)
(2) ‘of the Act, 415 ILCS
-
5/9(b) and 9.1
(d) (2) (2002),
Section’63.467(b)
of the
USEPA NESHAP Regulations,
40 C.F.R.
63.467(b) (2003),
and conditions 6(b) (v) (A)
and
(B)
of FESOP “no.
97050122.
‘
:‘
.‘
•
“
‘
Count II: FAILURE TO SUBMIT ANNUAL REPORT in violation
of Sections 9(b)
and 9.1(d) (2)
of the, Act, 415 ILCS
5/9(b)
and 9.1(d) (2) (2002),,
Section 63.468(f)
of the
USEPA NESHAP Regulations,
40 C.F.R.
63.468(f) (2003),
and condition 7(b)
of FESOP no.
97050122.’
-
Count III: FAILURE TO SUBMIT SEMI-ANNUAL REPORTS in
violation of Sections 9(b) and 9.1(d) (2),of the Act,
-4-
415 ILCS 5/9(b) and 9.1(d)
(2) (2002),
Section 63.468(h)
of the’ TJSEPA NESHAP Regulations,
40 C.F.R.
63.468(h) (2003), and condition 7(c)
of FESOP
no,.
97050122.
.
‘‘
,
‘
Count IV: FAILURE TO TIMELY SUBMIT COMPLETE
AND
ACCURATE ANNUAL EMISSION REPORTS in violation of
Section 9(a)
of the Act, 415 ILCS .5/9 (a) (2002)
,
-
and
Sections 201.302(a),
254.132(a),
and 254.137(a)
of, the
Board Air Pollution Regulations,
35
Ill.
Adm.... Code
201.302(a),
254.132(a), and 254.137(a).
D.
Admission of Violations
,‘
.
.
The Respondent neither admits nor denies the violations
alleged in the Complaint filed in thi~matter and referenced
herein.
‘
‘
E.
Compliance Activities
to Date
,‘
1.
DuPage is now in compliance.
It provided the following
documents to the Illinois EPA: MSDS
for. methylene chloride,
Annual Reports for 1997 through 2001,
Semi-Annual Reports for
1997 through the first half, of
2002,.,. and monthly and annual
solvent usage records.in pounds or tons.
‘
,
-
.
..
IV.
.
,
-
‘
IMPACT ON THE PUBLIC RESULTING FROM NON-COMPLIANCE
Secti.on,,33(c)
of the Act,. 415 ILCS 5/33(c)’(200.2),
provides.
as follows:
-
.
-
‘In making its orders andd~terminations, the Board..
shall take into cOt~s’iderationall ‘the facts and
circumstances bearin~upo’n.the,reasonablenesa
of’’
the emissions, discharges,
or deposits involved
•
including, -but hot limited to:
‘
,‘
‘
1
the character and degree
of
injury
to,
or
-5-
inte±ference
‘with
the
~rotectionof
the
•
‘
,
health,
general welfare and physical property
of the people;
‘
“
.
‘
‘
2.
,
the Cocial 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 fabtors, the parties state:
1.
The Parties state that ‘the impact to the public
resulting from Respondent’s non-compliance
was
that,
while
no
harm
resulted,
harm
to
human
health
and the environment was
threatened
by
Respondent’s
failure
to
maintain
records
and
failure to submit timely and accurate annual,
semi-annual, and
emissions
reports.
‘
‘
2.
The Parties agree that Respondent’s business is of
social
arid economic benefit.’
‘
“
‘
‘
•
3.
The Parties’ agree that the suitability of location is.
not an issue when Respondent is in compliance.
‘
‘,
‘:
.
•
4
The parties agree that complying with the requirements
of the Act and relevant regulations
is both technically
practicable and economically, reasonable.
‘
‘
‘
•5.
Since the violations alleged in the Complaint,
-6-.
Respondents’ have come’ into compliance.
‘-V.
-
.
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
imposed
.
.
.
the Board is authorized to” consider
--
any,matters of record in mitigation
or’ aggravation
of penalty, including but’
nbt’
limited ~o the
.
‘‘
‘
‘
following factors
•
1.
the duration and gravity of the
,
violation;
.
‘
‘.
•.
“
-
2.
the presence
o.r absence ‘of due diligence on•
•
‘
‘
the
partof the respondent-in at~Lemptingto
•
.
.
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 viçlatbr
‘.
because of delay incompliancewith
‘
.
‘
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
t’o otherwise aid in enhancing
voluntary compliance with this Act by the
‘
respondent’‘and other persons similarly
subject to theAct;
and
‘
.
‘
.
5.
the number, proximity intime,
and gravity of
-
previously adjudicated violations of this Act
by the respondent;
.
‘
“The Complaint was filed in December,
2003;
Section 42(h)
of,
the Act was amended effective January
1,
2004. ‘It is not clear
whether the amended Section 42(h)
factors apply to this case.
Regardless,
factors
6 and 7 are included in the analysis and are
not at issue.
‘
‘
‘
-
‘
-7-
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 and environmentally
,
beneficial project that a respondent agrees
to undertake, in settlement of an enforcement.
‘action,
brought under.
thi,~
Act,
but
which the
respondent’
is
not
otherwise
legally
required
to perform
In response to these factors,
the parties state
1
The Parties agree that the duration of the violation of
the tJSEPA NESHAP’ Regulations for halogenated solvent ‘cleaning
lasted for almost five years’,
from 1997 through 2001.
In
addition,
Respondep.t’,s failed tO file ‘timely and accurate AERs
for nine years,
from 1.993 through 2001.
,
2.
-The’ Parties agree that Respondents lacked due diligence
-with
regard to thei~
NESHA~
reporting’reqi4rements during the
time period
of’ the violations and during the SectiOn 31 process.
-
‘
‘
3.,, The parties agree that Respondent ‘has earned’ an economic
benefit by failing to comply with the NESHAP reporting
requirements,
however,
an exact ‘amount has not been determined,
but this factor was taken into consideration by the Parties in
reaching
a’ settlement amount “for a,civil penalty.
-
4.
The Parties agree that, the appropriate civil penalty
‘
which will serve to deter future violations of the Act and
enhance voluntary compliance by Respondent and others similarly
‘subject
to
the Act is $37,500.00.
.‘
.
.
“
‘
‘.
5
The Parties agree that Respondents have no prior
adjudications for violations ‘of the Act.
‘~
‘
.
‘
6.
The Parties agree that Respondents did not self-d±~close
the non-compliance to the Agency.
‘
7.
The Parties agree that Respondents are not undertaking a
supplemental environmental project as part of the settlement of
this enforcement action.
.
‘
‘
-.
VI.
‘
‘
APPLICABILITY
.
.
‘
A.
This Stipulation Agreement shall app,ly: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 defense to any enforcement action taken pursuant
‘
to this Stipulation Agreement the failure of any
of
i.ts ‘officers,
directors,
ager~ts, or ~mployees,to take such actions as èhall be
required to comply with the provisions of this Stipulation
B.
‘
No change in own?rship,
corporate status or operator of,the
‘
‘
‘
•facility shall
in any way altex the responsibilities,of the
‘
Respofldent under this Stipulation.
In,thè event of
any’
conveyance of title,
easement or other interest’ in the facility,
the Respondent shall continue to be bound by and remain liable
for-performance
of ‘all obligations under this Stipulation.
-9-
C
Severability
It is the intent of the Complainant and
Respondent that the provisions of this Stipulation and Proposal
for Settlement shall be severable, and should any provision be
declared by a court of
a competent jurisdiction to be
inconsistent with state or federal
law,
and therefore
unenforceable,
the remaining clauses shall remain’ in fUll force
and effect
VII.
COMPLIANCE WITH OTHER LAWS AND REGULATIONS
‘
‘.
‘
-
This, Stipulation in no way affebts 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.
VIII.
,
‘
TERMS OF SETTLEMENT
.
.
A..
penalty
.
‘
1.
a.
,
The Respondent shall pay a civil penalty of
Thirty-Seven Thousand Five Hundred‘dollars
($37,500.00),
and said
penalty shall be due within thirty
(30)
‘days after’ the date on
which the Board adopts a final order approving this Stipulation.
Payment
shall, be made as follows:
.
‘
‘
..
.
‘
‘
b.
Payment shall be made’ by certified check or money
order,
payable to the Illinois EPA for deposit into the
-
-
Environmental Protection Trust Fund (“EPTF”)
and shall be sent by
-10-
,
.
.
first class mail and delivered to:
Illinois Environmental Protection Agency
Fiscal Services
1021 North Grand Avenue East
P.O. Box 19276
Springfield,
IL 62794-9276
c.
The name,
case number,
and the Respondent’s
Federal Employer Identification Number
(“FEIN”)
,
36
-
2681281,
shall appear on the face of the certified checks or money orders.
A copy of the certified checks or money orders and the
transmittal
letter shall be sent to:
Mitchell L. Cohen
Assistant Attorney General
Environmental Bureau
188 West Randolph, Suite
2001
Chicago,
Illinois
60601
3.
The Respondent’s attorney may be reached at the
following address:
Rick Saines
Baker & McKenzie LLP
One Prudential Plaza
130
E. Randolph Dr.
Suite 3500
Chicago,
Illinois 60601
4.
For purposes of payment and collection, Respondent may
be reached at the following addresses:
DuPage Machine Product,
Inc.
c/o
David
R.
Knuepfer,
President
99 International Blvd.
Glendale Heights,
Illinois 60139-2092
5.
In the event of default,
the Complainant shall be
entitled
to
reasonable
costs
of
collection,
including
reasonable
-11-
attorney’s
fees.
B.
Interest on Penalties
1.
Pursuant ‘to Section 42 (g)
of
the Act;
415
ILCS
5/42,
(g)
(2002),
interest
shall
,accrue
on any penalty
amount
owed
by
the Respondent’ not paid within
th’e time prescribed herein,
at the
maximum
rate
allowable under Section 1003(a)
of
the
Illinois
Income Tax Act,
35
ILCS
5/1003(a)
(2002).
2.’
‘
Interest
on
unpaid
penalties
shall begin to accrue
from
the date the penalty
,is due and continue’ to accrue to the,date
payment
is received by the Illinois EPA.
.
3.
Where partial payment is made on, ‘any, penalty
amount
that
is
due,
such
partial
payment
shall be first applied to any
interest’
on
unpaid
penalties then owing.
‘
‘
4.
All interest on penalties’ owe,d the
Complainai~t shall
be
paid by certified check or money order payableto the Illinois•
EPA for deposit in the EPTF at the above-indicated address
The
name,’
case number, and the Respondent
‘s FEIN ‘shall appear on the
face
Of
the’certified
check
ormoney
order.
-
A
copy
of
the
cert’ified check
or, mOney order and the ‘transmittal letter shall
be sent to:
-
‘-.
‘
,
‘
Mitchell L
Cohen
Assistant Attorney General
Environmental
Bureau’
•
.
188 West Randolph St.,Su±te.2001
•
‘
Chicago,
Illinois 60601
-.
c.’
Future Use
•,
‘
‘.
‘
-
“
‘
‘
‘
‘
‘
.
Notwithstanding any other language in this Stipulation
-
-
‘
-1~-
Agreement to the contrary, this Stipulation m~ybe’ used in any
subsequent
enforcement
action
or
permit
proceeding
against
the
Respondent
as “evidence
of.- a past’ ad~judicatiOnof alleged,,”
violation
of
the
Act and the Board Regulations promulgated
thereunder,
for
purposes
of
Sections
39(i)
and/or
42(h)
of
the
Act,
415
.ILCS
5/39(i)
and/or
5/42
-
(h) (2002)
.
-‘
D.
Right of Entry.
‘
‘
In addition
to
any’
other authority,
the Illinois.EPA,
its
‘employees and representatives,
and the Attorney General, his
agents
and representatives,
shallhave the ,right of entry into
and upon the Respondent’s facility which is the subject of this
Consent Order,
at all reasonable times for the purposes of
‘carrying out inspections.
In conducting such inspections,
the
Illinois EPA,
its employees and representatives,
and the Attorney
General,
his employees and representatives may take’ photographs,
samples,
and
collect
information,
‘as
they
deem
necessary;
understanding and taking into consideration those protections
afforded Respondent pursuant to Section
7
of
the’Act,
415
ILCS
5/7
(2002), related to trade secrets,
secret manufacturing
processes,
and
confidential
data,
or
information.
E.
Cease and Desist
.
‘
‘
‘
The Respondent shall
cease and desist from all future
-
violations of the Act and Board Regulations,
including,
but not
limited to those violations alleged’and outlined in Section
-13-
III.C.
of this Stipulation..
‘
‘
‘
‘
.
F
Release from Liability
In consideration of the Respondents’ payment of a $37,500 00
penalty,
the Complainant releases, waives and discharges the
Respondent
from
further
liability
or
penalties,
for any alleged
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 December 23,’-2003.
The
,
‘
Complainant
reserves,
and
this
Stipulation
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 resource damage ari~ingout ‘of.
•
the allegedviolations; and
-‘
‘
‘
“
‘
‘
d
liability
or
claims
based
on the Respondent’s failure
•
‘
to:
satisfy the requirements of this Stipulation Agreement.’
• Nothing in this Stipulation
is
inter~ded’as~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
‘
‘
-14-
‘
‘
Illinois EPA may have against any person,
as defined by Section
3.315 of the Act,
415 ILCSS/3.31.5
(2002),
or
entity
other
than
the Respondent.
G.
‘
Retention of Jurisdiction
‘
‘
The Board shall retain jurisdiction of this matter for the
purpose of interpreting and enforcing the terms and conditions of
the Stipulation.
‘
.
‘
‘
-
H.
~nforcement of Stipulation
1.
Upon the entry
of this Stipulation,
any p’arty hereto,”
upon motion, may reinstate’ these proceedings solely for the
purpose of enforcing the’terms and conditions of this-
Stipulation.
This Stipulation is
a’ binding and enforceable order
of
the Board and may be enforced by the IllinOis Circuit Court
through any and all available means.’
.
2.
Respondent agrees that nOtice of any subsequent
‘
,
:proceeding to enforce this ‘Stipulation ‘may be made by mail and
waives any requirement of service of process.
‘.
-15-
WHEREFORE,
the
parties,
by their representatives, enter into
this Stipulation and submit
it
to
the
Board
that
it
may
be
approved and,entered~
:AGEETh’
‘
‘
2
‘
,
FOR
THE
COMPLAINANT:
.
‘‘
‘
‘
PEOPLE
OF’
THE
STATE
OF
ILLINOIS
,
‘
‘
~by
LISA
MADIGAN,’
2
‘
‘
Attorney
General
of
the
State
of .Illindis
.
‘
~‘
,
MATTHEW
J.
DUNN;
Chief
L
..‘
.
ILLINOIS
ENVIRONIVIENTAL
-
‘
Environmen~aiEnforcement/,
‘
PROTECTION AGENCY
Asbestos Litigation DivisiOn
‘
‘
BY:’
—
BY:
_________________
I’
ROSEMARIE CAZEAU, Chief
,
‘
‘JOSEPH E. SVOBODA
Environmental Bureau
•
Chief Legal Counsel
Assistant,Attorney General
DATE:
‘
,
.
‘
‘DATE:
—
FOR’THE
RESPONDENT:
‘
DUPAGE
MACI~INE’PRODUCTS, INC.
BY
__
David Krieupfer
‘
•
.
Its ‘Presi~.ent
‘
DATE:
______________
-16-
WHEREFORE,
the
parties,
by
their
representatives,
enter into
this Stipulation and’submit
it
to
the’
Board
that
it
maybe
approved ‘and,“entered.
‘
.
AGR~ED:
,
‘
.‘
‘
‘.
.
‘
.
FOR THE COMPLAINANT:
‘
‘
‘
“
‘
‘
‘
PEOPLE-
OF
THE
STATE
‘OF
ILLINOIS
‘
-
‘
,,
.‘
by
‘LISA
MADIGAN,
.
.
Attorney
General of the
,
‘
State of-Illinois
.“
‘
MATTHEW J.
DUNN,
Chief
‘
ILLINOIS,ENVIRONMENTAL
Environmental Enforcement/
PROTECTION AGENCY
Asb,~.~QS
Litigation
ivision
.
BY:
‘
i~.
SEMAR
C
Z
,
hief,
,
SEPH E. SVOBODA
En
ronmental
Bü’re-au~,
‘
Chief Legal Counsel
Assistant Attorney.Ge~- 1
‘
DATE:
‘
‘DATE:
______________
FOR THE ‘RESPONDENT:
DUPAGE
MACHINE
PRODUCTS,.
INC.
BY:
______________________
•David Kneupfer
•
Its President
DATE:
,~
‘
‘
-16-
CERTIFICATE OF SERVICE
I, MITCHELL COHEN,
an Assistant Attorney General, certify
that on the 2th day of October,
2004,
I
caused
to
be
mailed
by
First Class Mail the foregoing Motion for Relief from Hearing
Requirement and a Stipulation and Proposal for Settlement to the
parties named on the Notice of Filing, by depositing same in
postage prepaid envelopes with the United States Postal Service
located at
100 West Randolph Street,
Chicago, Illinois 60601.
MITCHELL
L. CO~EN
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