BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
)
Complainant,
)
v.
)
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.
)
)
PCB 05-215
(Enforcement
-
Land)
)
PEOPLE OF THE STATE OF ILLINOIS,
1
1
Complainant,
v.
)
FIRST
ROCKFORD GROUP, INC., an
Illinois corporation,
)
Respondent.
PCB
06-1
03
(Enforcement
-
Land)
(Consolidated).
NOTICE OF FILING
TO:
Jack D. Ward
Charles F. Helsten
Reno
&
Zahm
LLP
Hinshaw
&
Culbertson
2902
McFarIand Road, Suite 400
100 Park Avenue
Rockford, IL 6
1
107
P.O. Box 1389
Rockford, IL 61 105-1389
(VIA ELECTRONIC FILING)
PLEASE TAKE NOTICE that on the 1
gth
day of June, 2006, I filed with the Clerk of the
Illinois Pollution Control Board a Stipulation and Proposal for Settlement, and Motion to
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 19, 2006
Request Relief From Hearing Requirement, copies of which are attached hereto and hereby
served upon you.
PEOPLE OF THE STATE OF ILLINOIS
LISA
MADIGAN
Attomey General of the State of Illinois
By:
'
REBECCA A.
BURLINGHAM
Supervising Attorney
V
Environmental Bureau
188 W. Randolph St., 20th
F1.
(312) 814-3776
Chicago, Illinois 60601
Date: June 19, 2006
THIS FILING IS SUBMITTED ON RECYCLED PAPER
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 19, 2006
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
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.
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
FIRST
ROCKFORD GROUP, INC., an
Illinois corporation,
Respondent.
PCB
05-2
15
(Enforcement
-
Land)
PCB 06-103
(Enforcement
-
Land)
(Consolidated)
MOTION TO REQUEST RELIEF
FROM HEARING REQUIREMENT
NOW COMES the Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA
MADIGAN, Attorney General of the State of Illinois, and requests relief from the hearing
requirement in the above-captioned matter. In support thereof, the Complainant states as
follows:
1.
On June 15,2005, a Complaint was filed with the Pollution Control Board
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 19, 2006
("Board") in case number PCB 05-215. By order dated February 2,2006, the Board consolidated
PCB 05-21
5 with PCB
06-1
03. On June 19,2006, a Stipulation and Proposal for Settlement
with Respondent Schlichting
&
Sons Excavating,
Inc. was filed with the Board.
2.
Section
3l(c)(2) of the Illinois Environmental Protection Act ("Act"), 415
ILCS
513 1
(c)(2), effective August 1, 1996, allows the parties in certain enforcement cases to request
relief from the mandatory hearing requirement where the parties have submitted to the Board a
stipulation and proposal for settlement. Section 3 1
(c)(2) 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).
Unless the Board, in its discretion, concludes that a hearing will be held, the Board shall
cause notice of the stipulation, proposal and request for relief to be published
andsent in
the same manner as is required for hearing pursuant to subdivision (1) of this subsection.
The notice shall include a statement that any person may file a written demand for hearing
within 21 days after receiving the notice. If any person files a timely written demand for
hearing, the Board shall deny the request for relief from a hearing and shall hold a hearing
in accordance with the provisions of subdivision (1).
3..
No hearing is currently scheduled in the instant case.
4.
The Complainant requests the relief conferred by Section 3 1
(c)(2) of the Act.
WHEREFORE, the Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 19, 2006
MADIGAN,
Attorney General of the State of Illinois, requests relief from the requirement of a
hearing pursuant to
41
5 ILCS
513
1
(c)(2),
effective August
1,
1996.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA
MADIGAN
Attorney General of the
State of
~llinois
By:
i
REBECCA
A.
BURLINGHAM
V
Supervising Attorney
Environmental Bureau
188 W. Randolph St., 20th
F1.
Chicago, Illinois 60601
(312) 814-3776
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 19, 2006
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
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.
PCB 05-215
STIPULATION AND PROPOSAL FOR
SETTLEMENT WITH SCHLICHTING
&
SONS EXCAVATING, INC.
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 Schlichting and Sons Excavating,
Inc. ("Respondent"), have agreed to the making of this
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 Complaint except as otherwise
provided herein. If the Board approves and enters this Stipulation, Respondent agrees to be
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 19, 2006
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"), 41 5
lLCS
511
et seq.
(2004).
11.
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.
111.
STATEMENT OF FACTS
A.
Parties
1.
On June 15,2005, 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.
The Illinois EPA is an administrative agency of the State of Illinois, created
pursuant to Section 4 of the Act, 415 ILCS
514 (2004).
3.
At all times relevant to the Complaint, Respondent was and is an Illinois
corporation that is authorized to transact business in the State of Illinois.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 19, 2006
B.
Site
Description
1.
At all times relevant to the Complaint, Respondent owned and operated a
excavating contracting company. The principal place of business for Schlichting
&
Sons
Excavating is at 8966 East State Street, Rockford, Illinois, 61 108.
2.
Schlichting and Sons Excavating installed potable water lines at the Golf Hill
subdivision, a 78 home development located in Cherry Valley, Winnebago County, Illinois
("Site").
3.
The development project at the Site included the creation of grading plans,
potable water and sewer installation plans, and the completion of necessary permit application
forms for development work at the Site.
4.
Respondent Heritage Engineering prepared a construction permit 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.
5.
On October 28,2003, prior to the issuance of a construction permit for the project
by the Illinois EPA, Respondents Cherry Valley, First Rockford, Heritage Engineering and
Schlichting and Sons Excavating directed, commenced
andlor allowed the construction of the
potable water line at the development Site.
6.
On October
29,30,31, November
3,6,7,
8,9, 10, 11, 12, 13, 14, 15 and 17,
2003, Respondent Schlichting and Sons Excavating conducted construction of the potable water
line.
3
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 19, 2006
7.
Construction of the potable water supply line had occurred prior to the issuance of
a construction permit for the project by the Illinois EPA.
8.
On November 18,2003, a potable water line construction permit was issued for
the Site by the Illinois EPA.
C.
Allegations of Non-Compliance
Complainant contends that Respondent Schlichting and Sons Excavating violated the
following provisions of the Act and Board regulations:
Count I:
Respondent constructed a potable water line without a permit in violation
of Section 15 of the Act, 415
ILCS 5/15 (2004) and 35
Ill.
Adrn. Code
602.101(a);
D.
Non-Admission of Violations
The Respondent neither admits nor denies the violations alleged in the Complaint filed in
this matter and referenced within Section
m.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
Reviewing a public water supply permit application prior to the construction of a potable
water supply, and the issuance of construction permits is a primary and effective means by which
--
4
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 19, 2006
the Illinois EPA can ensure the protection of Illinois residents public health. While the proper
Illinois EPA permits are now in place, the Respondent, Schlichting and Sons Excavating's
payment of a civil penalty 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,
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
thls 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.
No change in ownership, corporate status or operator of the facility shall in any way alter
the responsibilities of the Respondent under this Stipulation and Proposal for Settlement. In the
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.
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.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 19, 2006
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
deterrniliations, 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
EPA7s
information gathering responsibilities hindered by the Respondent Schlichting and Sons
Excavating's failure to ensure that the proper construction permits were obtained
from the
Illinois EPA prior to the construction of the Site's potable water lines.
2.
The Site provides a social and economic benefit to the surrounding community.
The Site consists of
a
78 home development located in Cherry Valley and it will increase the
local 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
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 19, 2006
for residential development.
4.
Obtaining a permit prior to construction at the Site and compliance with its terms
are both technically practicable and economically reasonable. The permit application was
submitted to
the Illinois EPA, but
Rcspondcnt
clircctcd, commenced
and/or
3110\1d
c01is1r~1ction
to begin at the Site prior to the issuance of a permit.
5.
Respondent
Schlichting and Sons Excavating has subsequently complied
\\lit11
the
Act and the Board Regulations. However, the acquisition of an Illinois EPA construction permit
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,
41 5
ILCS
5/42(h)(2004), provides as follows:
In determining the appropriate 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
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
fbrther violations
by the respondent and to otherwise aid in enhancing voluntary compliance
with this Act by
thi respondent and other persons similarly subject to the
Act;
5.
the number, proximity in time, and gravity of previously adjudicated
7
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 19, 2006
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
nicans
an
eli\~ison;;~clitally
bcneficiul
project that a respondent agrees to
underlakc in
sclllemcnt 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:
1.
The Respondent failed to obtain a construction permit for site activities prior to
beginning potable water supply construction activities at the site. The violations began on or
around October 28,2003, or a date better known to the Respondent Schlichting and Sons
Excavating, and were resolved on November 18,2003.
2.
Respondent Schlichting and Sons Excavating was diligent in attempting to come
back into compliance with the Act, Board regulations.
3.
The civil penalty obtained herein compensates for any 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
penalty of Ten Thousand Dollars
($
10,000) will serve to deter further violations and aid in future
voluntary compliance with the Act and Board regulations.
5.
To Complainant's knowledge, Respondent has one previously adjudicated
violation of the Act as evidenced by Boone County Circuit Court Case Number 03 CH 137.
Case Number 03 CH 137 alleged that Respondent violated water pollution regulations and
created a water pollution hazard.
8
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 19, 2006
6.
Self-disclosure is not at issue in this matter.
7.
The settlement of this matter does not include a supplemental environmental
project.
VITT.
TENTIS
OF
SETTLERENT
A.
Penalty Payment
1.
The Respondent shall pay a civil penalty in the
sum of Ten Thousand Dollars
($10,000) within thirty (30) days from the date the Board adopts and accepts this 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 or money order payable to
the Illinois EPA, designated to the Illinois Environmental Protection Trust Fund and submitted
to:
Illinois Environmental Protection Agency
Fiscal Services Section
102
1 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 check.
A
copy of the certified check, money order or record of
electronic funds transfer and any transmittal letter shall be sent to:
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 19, 2006
accru
Rebecca A. Burlingharn
Supervising Attorney
Environmental Bureau
188 W. Randolph St.,
2oth
Floor
Chicago, Illinois 60601
Pursuant to Section
32(g)
of
thc
Act,
31
5
ILCS
5,'42(_r)
(2004),
intcrcst
shall
any payment not paid within the time period prescribed above at the
maximum rate
allowable under Section
1003(a) of
thc Illinois
Incon~e
Tax Act, 35 ILCS
511003 (2004). 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 may be reached at the
following address:
Mr. Bruce Schlichting
Schlichting
&
Sons
8966
East State Street,
Rockford, Illinois
6
1
108
Mr. Jack Ward
Reno, Zahrn, Folgate, Lindberg
&
Powell
2902
McFarland
Road
Suite
400
Rockford, Illinois
6
1 108
4.
In the event of default of this Section
VELA,
the Complainant shall be entitled to
all available relief including, but not limited to, reasonable costs of collection and reasonable
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 19, 2006
attorney's fees.
B.
Future Use
Notwithstanding any
other
lang~~agc
in
this
Stip~113tion
to the
contrnsy,
and in
consideration of the mutual promises
and conditions contained in this Stipulation, including the
Rcleasc from Liability contained in
Scclion
VIKD, below, the
Rcspondcnt hereby
agrccs that
this Stipulation may be used against the Respondent in any subscqucnt
enforccmcnt 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)
andor
42(h) of the Act, 415
lLCS
5/39(a)
and(i)
andor
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.
C.
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
IU.C
("Allegations of
Non-Compliance") of this Stipulation.
D.
Release from
Liability
In consideration of the Respondent's payment of the Ten Thousand Dollar
11
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 19, 2006
($10,000) penalty and any specified costs and accrued interest, 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
from any
filrthcr liability or penalties for
viol,~tions
of
the Act
and
BoxJ
Regulations that were the subject matter of the Complaint herein. The release set forth above
docs not cstcnd to any
mattcrs
olhcr than
thosc
cxprcssly
spcci
ficd in
Coliipl~inant'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 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
andor
regulations;
c.
liability for natural resources damage arising out of the alleged violations; and
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 person, as
defined by Section
3.3
15 of the Act, 41
5
ILCS
513.3 15, or entity other than the Respondent.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 19, 2006
E.
Correspondence, Reports and
Other
Docunicnts
Any and all correspondence, reports and any other documents required under this
Stipulation, except for payments pursuant to Sections
V1II.A ("Penalty Payment") of this
Stipulation shall be submitted as
follo~vs:
As to the Complainant
Rebecca A. Burlingham
Supervising Attorney
Environmental Bureau
188 W. Randolph St.,
2oth
Floor
Chicago, Illinois 60601
Mr. Charles
Gunnarson
Assistant Counsel
Illinois Environmental Protection Agency
102 1 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
As to the Respondent
Mr. Bruce Schlichting
Schlichting
&
Sons
8966 East State Street,
Rockford, Illinois 6
1
108
Mr. Jack Ward
Reno,
Zahm,
Folgate, Lindberg
&
Powell
-
2902
McFarland Road
Suite 400
Rockford, Illinois 61
108.
F.
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
13
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 19, 2006
>
submitted to
the contact persons
identified in Section
VITI.E. Any such
rcquest shall bc
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,
signcd by authorized
representatives of
each party, and
thcn accompany a joint motion to
thc
Illinois Pollution Control
Board seeking a modification of the prior order approving and accepting the Stipulation to
ap5rove and accept the Stipulation as amended.
G.
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.
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
co.mpetent jurisdiction to be
inconsistent with state or federal law, and therefore
yenforceable, the remaining clauses shall
remain in full force and effect.
WHEREFORE, Complainant and Respondent request that the Board adopt and accept the
14.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 19, 2006
foregoing Stipulation
and Proposal for Settlement as
\\~rittcn.
PEOPLE OF THE STATE OF ILLINOIS,
LISA
MADIGAN
Attorney General, State of Illinois
MATTHEW J.
DUNN, Chief
Environmental Enforcement1
Asbestos Litigation Division
Assistant Attorney General
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY
Chief Legal Counsel
SCHLICHTING
&
SONS EXCAVATING, INC.
BY:
BRUCE SCHLICHTING
President, Schlichting and Sons Excavating
DATE:
,
,-
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 19, 2006
foregoing 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 Enforcement1
Asbestos Litigation Division
BY:
ROSEMARIE CAZEAU, Chief
Environmental Bureau
Assistant Attorney General
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY
BY:
ROBERT A. MESSINA
Chief Legal Counsel
DATE:
DATE:
SCHLIC
AVATING, INC.
BY:
-
-
President, Schlichting and Sons Excavating
BRUCE
S'CHL~CHTING
/
DATE:
c
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 19, 2006
CERTIFICATE OF SERVICE
I, REBECCA A. BURLINGHAM, an Assistant Attorney General in this case, do certify
that I caused to be served this
19Ih
day of June, 2006, the foregoing Stipulation and Proposal for
Settlement, Motion to Request Relief From Hearing Requirement and Notice of Filing upon the
person listed on said
~otice
by depositing same in an envelope, first class postage prepaid, with
the United States Postal Service at 188 West Randolph Street, Chicago, Illinois, at or before the
hour of
5.00
p.m.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JUNE 19, 2006
Back to top
