RECEIVED

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

CLERK'S OFFICE

PEOPLE OF THE STATE OF ILLINOIS,

)

JAN 0 9 2006

STATE OF ILLINOIS

Complainant,

)

Pollution Control Board

v

.

PCB No . 05-201

(Enforcement

- Air)

ILLINOIS TOOL WORKS, INC ., a

Delaware corporation,

Respondent

.

NOTICE OF FILING

TO: See Attached Service List

(VIA ELECTRONIC FILING)

PLEASE TAKE NOTICE that today I have filed with the Office

of the Clerk of the Illinois Pollution Control Board by

electronic filing the following Stipulation and Proposal for

Settlement and Motion for Relief from Hearing Requirement,

copies of which are attached and hereby served upon you

.

Respectfully submitted,

PEOPLE OF THE STATE OF ILLINOIS

LISA MADIGAN

Attorney General

State of Illinois

BY

:

l/YICQ

S

A. Tomas

Assistant Attorney General

Environmental Bureau

188 W. Randolph St ., 20 th Floor

Chicago, Illinois 60601

312-814-0609

DATE : January 9, 2006

THIS FILING IS SUBMITTED ON RECYCLED PAPER

---

ServiceList

Patricia Sharkey

Mayer Brown Rowe & Maw

Hyatt Center, 71 South Wacker Drive

Chicago, Illinois 60606

Maureen Wozniak

Assistant Counsel, Division of Legal Counsel

Illinois Environmental Protection Agency

1021 North Grand Avenue East

P .O. Box 19276

Springfield, Illinois 62794-9276

Bradley P . Halloran

Hearing Officer

Illinois Pollution Control Board

James R. Thompson Center, Suite 11-500

100 W. Randolph Street

Chicago, Illinois 60601

---

BEFORE THE ILLINOIS POLLUTION

PEOPLE OF THE STATE OF ILLINOIS,

Complainant,

V

.

ILLINOIS TOOL WORKS, 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) (2004), 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) (2004) . 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 39 .5(6) (b) of the Act, 415 ILCS 5/9(a),

9(b) and 39 .5(6) (b) (2004) and Sections 201 .142, 201 .143,

201.302(a), 254 .137(a), and 254 .132(a) of the Board regulations,

35 Ill . Adm. Code 201 .142, 201 .143, 201 .302(a), 254 .137(a), and

254 .132(a)

.

2

.

Complainant is filing this Motion and a Stipulation

CONTROL BOAR

E C E IVE D

CLERK'S OFFICE

JAN 0 9 2006

STATE OF ILLINOIS

Pollution Control Board

PCB No. 05-201

(Enforcement

- Air)

---

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) (2004)

.

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) (2004)

.

Respectfully submitted,

PEOPLE OF THE STATE OF ILLINOIS

LISA MADIGAN

Attorney General

State of Illinois

DATE: January 9, 2006

.

a1

4

dA.

NNIF R A . TOMAS

ssistant Attorney General

Environmental Bureau

188 W. Randolph St ., 20th Floor

Chicago, Illinois 60601

(312) 814-0609

2

---

RECEIVED

BEFORE THE ILLINOIS POLLUTION CONTROL BOAIBERK'S

OFFICE

JAN 0 9 2006

PEOPLE OF THE STATE OF ILLINOIS,

)

STATE OF ILLINOIS

Complainant,

)

Pollution Control Board

v

.

)

PCB No. 05-201

(Enforcement - Air)

ILLINOIS TOOL WORKS, INC ., a

)

Delaware 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

TOOL WORKS 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 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 May 31, 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 ILLS 5/31 (2004), 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 (2004)

.

3 . At all times relevant to the Complaint, Respondent was

and is a Delaware corporation authorized to transact business in

the State of Illinois

.

B

.

Site Description

At all times relevant to the Complaint, Respondent operated

a plastics injection molding facility located at 195 Algonquin

Road, Des Plaines, Cook County, Illinois, known as its Fastex

Division ("Fastex facility")

.

C .

Allegations of Non-Compliance

The Complaint filed in this matter alleges that the

Respondent violated the following provisions of the Act and

Board regulations

:

Count I

:

Constructing Air Emission Sources

Without a Permit, in violation of

Section 9(b) of the Act, 415 ILCS

5/9(b) (2002), and 35 Ill . Adm. Code

201 .142

.

Count II

:

Failure to Obtain Operating Permits for

New Emission Sources, in violation of

Section 9(b) of the Act, 415 ILCS

5/9(b)(2002), and 35 Ill . Adm . Code

201 .143

.

3

---

Count III

:

Failure to Timely Submit Annual

Emission Reports, in violation of

Section 9(a) of the Act, 415 ILCS

5/9(a) (2002), and 35 Ill . Adm. Code

201 .302(a), 254 .137(a), and 254 .132(a)

.

Count IV

:

Failure to Obtain a Clean Air Act

Permit Program (CAAPP) Permit, in

violation of Section 39 .5(6) (b) of the

Act, 415 ILCS 5/39 .5(6) (b) (2002)

.

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 III .C herein, and this Stipulation shall not be

interpreted as including such admission

.

E

.

Compliance Activities to Date

1 . Beginning on March 13, 1998, the Fastex facility was

permitted under a state Operating Permit (No . 73031904) issued

by the Illinois EPA

.

2

.

On July 26, 2002, Respondent submitted to the Illinois

EPA an application for a Federally Enforceable State Operating

Permit ("FESOP") that contained a potential to emit ("PTE")

4

---

analysis

. On May 19, 2004, the Illinois EPA issued FESOP I .D

.

Number 031063AAD, Application No . 02070077, to Illinois Tool

Works for the Fastex facility

.

3

.

On February 17, 2005, Respondent submitted additional

PTE information to the Illinois EPA . On July 13, 2005, the

Illinois EPA issued a revised FESOP to Respondent

.

4

.

On April 26, 2004, the Fastex facility applied for a

construction permit for the installation of 18 plastic injection

molding machines, prior to their construction at the Fastex

facility . The Illinois EPA issued that permit on May 19, 2004

.

Respondent asserts that it believed plastic injection molding

and metal stamping equipment are exempt from the state

construction permit requirement at 35 Ill . Adm . Code

201 .102 pursuant to the exemption stated in 35 Ill . Adm. Code

201 .146(cc) and

(aa),

respectively

.

5

.

On April 26, 2004, the Fastex facility applied for a

construction permit and a revision to its FESOP permit for the

installation of ultrasonic welding equipment at its facility

.

Respondent asserts that it believed ultrasonic welding is exempt

from state construction permit requirements in 35 Ill . Adm. Code

201 .102 pursuant to the exemption stated in 35 Ill . Adm . Code

201 .146(y) . IEPA thereafter determined that the ultrasonic

welding equipment was exempt from permit requirements under 35

Ill . Adm. Code 201 .146(y)

.

5

---

6

.

Fastex also applied for

the installation of

a filter

paper curing oven in that

same application

. On July

13,

2005,

the Illinois EPA issued a construction permit

for the curing

oven

.

F .

Value of Settlement and Resulting Benefits

1

.

Complainant believes that the Seventeen Thousand Five

Hundred Dollar

($17,500 .00)

civil penalty will deter Respondent,

and similarly situated entities, from future violations of the

Act and Illinois Pollution Control Board 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 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 .

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

.

6

---

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

.

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 ;

7

---

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

.

The Complainant states that the environment was

threatened and the Illinois EPA's information gathering

responsibilities were hindered by the Respondent's violations

.

Respondent does not agree with Complainant's position

.

2

.

The parties agree that there is social and economic

benefit to the facility

.

3

.

The parties agree that the operation of the facility

was and is suitable for the area in which it occurred

.

4

.

The parties agree that obtaining the necessary

permits, compliance with their terms, and timely submission of

annual reports are technically practicable and economically

reasonable

.

5

.

The parties agree that Respondent has subsequently

complied with the Act and Board regulations

.

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

imposed under

.

.

.

this Section, the Board is

8

---

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 further violations by the respondent and

to otherwise aid in enhancing voluntary

compliance with this Act by the respondent and

other persons similarly subject to the Act

;

5

.

the number, proximity in time, and gravity of

previously adjudicated violations of this Act by

the respondent ;

6

.

whether the respondent voluntarily self-

disclosed, in accordance with subsection i of

this Section, the non-compliance to the Agency ;

and

7

.

whether the respondent has agreed to undertake a

"supplemental environmental project," which means

an environmentally beneficial project that a

respondent agrees to undertake in settlement of

an enforcement action brought under this Act, but

which the respondent is not otherwise legally

required to perform

.

In response to these factors, the parties state as follows

:

1. The Complainant states that the Respondent constructed

and operated emission sources without the required permits for a

9

---

period of five years, failed to submit complete and accurate

annual emission reports for calendar year 1998, and failed to

timely submit a Clean Air Act Permit Program ("CAAPP") permit

and/or FESOP permit application . The CAAPP/FESOP, state

permitting, and reporting requirements are of programmatic

significance to the Illinois EPA . Respondent states that the

1998 AER was inaccurate, but overestimated emissions, and that

it complied with all applicable permitting requirements

.

2

.

Although the Respondent had obtained from the Illinois

EPA an operating permit for the Fastex facility, Complainant

states Respondent was not diligent in obtaining new permits as

equipment was added to the facility. Respondent believes it was

diligent and obtained all required permits

.

3

.

The parties agree that, if the allegations were found

to be true, the economic benefit to Respondent would not be

significant given the administrative nature of the violations,

and further, that the penalty obtained would negate any such

benefit

.

4

.

Complainant has determined, based upon the specific

facts of this matter, that a penalty of Seventeen Thousand Five

Hundred Dollars ($17,500 .00) will serve to deter further

violations and aid in future voluntary compliance with the Act

and Board regulations . Respondent disagrees that a penalty is

necessary to ensure future compliance

.

10

---

5

.

To Complainant's knowledge,

Respondent has no

previously adjudicated violations of the Act

.

6

.

Self-disclosure is not at issue in this matter

.

7

.

The settlement of this matter does not include a

supplemental environmental project

.

VIII . TERMS OF SETTLEMENT

A .

Penalty Payment

1

.

The Respondent shall pay a civil penalty in the sum of

Seventeen Thousand Five Hundred Dollars ($17,500 .00) 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, 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

1 1

---

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

:

Jennifer A . Tomas

Assistant Attorney General

Environmental Bureau

188 W. Randolph St ., 20th Floor

Chicago, Illinois 60601

AND

Maureen Wozniak

Illinois Environmental Protection Agency

1021 North Grand Avenue East

P .O. Box 19276

Springfield, Illinois 62794-9276

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) . 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,

12

---

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

:

Illinois Tool Works Inc

.

Agent : James H. Wooten, Jr

.

3600 W. Lake Avenue

Glenview, Illinois 60026

4

.

In the event of default of this Section VIII .A, the

Complainant shall be entitled to all available relief including,

but not limited to, reasonable costs of collection and

reasonable attorney's fees

.

B

.

Future Compliance Plan

1

.

For purposes of this Stipulation and Proposal for

Settlement only, the Illinois EPA has agreed to accept

Respondent's PTE calculations, submitted to the Office of the

Attorney General by letter dated February 17, 2005, as a true

and accurate representation of the Respondent's Fastex facility

PTE . This decision made for settlement purposes only is based on

the understanding that for the facility at issue in this matter,

staffing levels at the facility are an operational limitation on

the facility and that the molding machines at issue are not

physically capable of processing polypropylene . Respondent

agrees that all of Respondent's future PTE calculations for this

13

---

facility shall be based on methods which are both consistent

with generally accepted and published U .S . EPA regulations,

policy and guidance and generally accepted by the Illinois EPA

Bureau of Air Permit Section

.

2

.

Respondent acknowledges and agrees that its Fastex

Division is required to apply for and obtain appropriate

construction and operating permits from the Illinois EPA Bureau

of Air for all equipment additions or changes at the Fastex

facility which are not exempt from such permitting requirements

pursuant to the Act or Board regulations

.

3

.

Respondent shall in the future obtain permits prior to

constructing or operating any emission source at its Fastex

facility for which a permit is required by the Act or Board

regulations

.

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 VIII .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

14

---

all violations alleged in the Complaint in this matter, for

purposes of Section 39(a) and (i) and/or 42(h) of the Act, 415

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 III .C

("Allegations of Non-Compliance") of this Stipulation

.

E .

Release from Liability

In consideration of the Respondent's payment of the

Seventeen Thousand Five Hundred Dollar ($17,500 .00) penalty and

any specified costs and accrued interest, completion of all

activities required hereunder, to Cease and Desist as contained

in Section VIII .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 Board Regulations that

were the subject matter of the Complaint herein . The release set

1 5

---

forth above does not extend to any matters other than those

expressly specified in Complainant's Complaint filed on May 31,

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 and/or 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 .315 of the Act, 415 ILLS 5/3 .315 (2004), or entity

other than the Respondent

.

F

.

Right of Entry

In addition to any other authority, the Illinois EPA, its

employees and representatives, and the Attorney General, her

16

---

agents and representatives,

shall have the right of entry into

and upon the Respondent's facility which is the subject of this

Stipulation, 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,. her employees and representatives may take

photographs, samples, and collect information, as they deem

necessary .

G .

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 ("Penalty Payment") of this Stipulation shall be

submitted as follows

:

As to the Complainant

Jennifer A . Tomas

Assistant Attorney General

Environmental Bureau

188 W. Randolph St ., 20th Floor

Chicago, Illinois 60601

Maureen Wozniak

1021 North Grand Avenue East

P .O. Box 19276

Springfield, Illinois 62794-9276

Manager

Compliance and Enforcement Section

1021 North Grand Avenue East

P .O. Box 19276

Springfield, Illinois 62794-9276

1 7

---

Astothe Respondent

Illinois Tool Works

Inc

.

Agent

: James H

.

Wooten, Jr

.

3600 W .

Lake Avenue

Glenview, Illinois 60026

Patricia F . Sharkey

Mayer Brown Rowe & Maw

71 South Wacker Drive

Chicago, Illinois 60606

H

.

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 VIII .G

.

Any such request 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

.

I

.

Enforcement of Board Order

1

.

Upon the entry of the Board's Order approving and

accepting this Stipulation and Proposal for Settlement, that

18

---

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 competent jurisdiction to be inconsistent with state or

federal law, and therefore unenforceable, the remaining clauses

shall remain in full force and effect

.

19

---

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

State of Illinois

MATTHEW J. DUNN, Chief

Environmental Enforcement/

Asbestos Litigation Division

BY: &"

/ 4,„_„ DATE

:

R E

E CAZ.U

li

of

Environmental Bureau---'_:

Assistant Attorney General

ILLINOIS ENVIRONMENTAL PROTECTION

AGENCY

BY

:

ROBERT A . MES INA

Chief Legal Counsel

ILLINOIS TOOL WORKS INC

.

BY

DATE:

/ C

t/~

h

Name

:74l

/p ,S,

~Q

U

o

s tt

DATE

:

I Zh

•A

1- ->

20

---

CERTIFICATE OF SERVICE

I,

JENNIFER A. TOMAS, an Assistant Attorney General,

certify that on the 9th day of January 2006, I caused to be

served by First Class Mail the foregoing Stipulation and

Proposal for Settlement and Motion for Relief from Hearing

Requirement to the parties named on the attached Service List,

by depositing same in postage prepaid envelopes with the United

States Postal Service located at 100 West Randolph Street,

Chicago, Illinois 60601

.

JEI' IFER

---