c ~ r~v
D
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLERK’S OFFCE
PEOPLE OF THE STATE OF ILLINOIS,
)
JAN
05
2005
by LISA MADIGAN, Attorney General
STATE
OF ~LLJNOIS
of the State of Illinois,
PoI1ut~onControl Boarc~
Complainant,
PCB No.
05-92
vs.
)
(Enforcement
-
Air)
SPECIALTY PROMOTIONS,
INC. d/b/a
SPECIALTY PRINTING COMPANY,
a Foreign Corporation,
Respondent.
NOTICE OF
FILING
TO:
Adam M. Lefébvre,
President
Specialty Printing Company
6019 West Howard Street
Niles,
IL 60714
PLEASE TAKE NOTICE that
I have today,
January
5,
2005,
filed
with the Office of the Clerk of the Illinois Pollution Control
Board the
Stipulation and Proposal for Settlement and Motion for
Relief from Hearing Requirement,
true and correct copies of which
are attached hereto and herewith served upon you.
PEOPLE OF THE STATE OF ILLINOIS,
by LISA
MADIGAN,
Attorney General
of the State of Illinois
BY:
_________________
MICHAEL
C.
PARTEE
Assistant Attorney General
Environmental Bureau/North
188 West Randolph Street,
Suite 2001
Chicago,
Illinois 60601
Tel.:
(312)814-2069
BEFORE THE ILLINOIS POLLUTION CONTROL BOA~EC~E~V~ED
CLERK’S OFFICE
PEOPLE OF
TIE
STATE OF ILLINOIS,
)
~
‘rn~r
by
LISA
MADIGAN,
Attorney
General
)
~
L~
w~J
of
the State of Illinois,
STATE
OF ILLJNOIS
PoUution Control Board
Complainant,
PCB No.
05-92
vs.
)
(Enforcement
—
Air)
SPECIALTY PROMOTIONS,
INC. d/b/a
SPECIALTY PRINTING COMPANY,
a Foreign Corporation,
Respondent.
MOTION FOR 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 hereby
moves for relief from the hearing requirement in this case pursuant
to Section 31(c) (2)
of the Illinois Environmental Protection Act
(“Act”), 415 ILCS 5/31(c) (2)
(2002),
and Section 103.300 of the
Illinois Pollution Control Board (“Board”)
Procedural Rules,
35
Ill.
Adm. Code 103.300.
In support of this Motion, the Complainant
states as follows:
1.
Section 31(c) (2)
of the Act allows the parties in certain
enforcement cases to request relief from the mandatory hearing
requirement where the parties submit to the Board a Stipulation and
Proposal for Settlement.
Section 31(c) (2) provides as follows:
Notice; complaint;
hearing.
*
*
*
(c) (2) 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 and sent
in the same
manner as is required for hearing pursuant to subdivision
(1)
of this subsection. The notibe 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
provisionsof subdivision
(1).
2.
Board Procedural Rule 103.300 provides,
in relevant part,
as follows
(emphasis in original)
Request for Relief from Hearing Requirement in State
Enforcement Proceeding.
(a)
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 proposed stipulation
and settlement accompanied by a request for relief from
the requirement of a hearing
pursuant to Section 31(c)
(2)
of the Act
.
.
.
3.
On November 15,
2004,
the Complaint was filed on behalf
of the People of the State of Illinois with the Board.
4.
Simultaneous with the filing of this Motion,
a
Stipulation and Proposal for Settlement was filed with the Boa.rd,
and no hearing is currently scheduled in this case.
WHEREFORE,
the Complainant,
PEOPLE OF THE STATE OF ILLINOIS, by
LISA MADIGAN, Attorney General of the State of Illinois,
respectfully moves
for relief from the requirement of a hearing
pursuant to Section 31(c) (2)
of the Act and Board Procedural Rule
103.300.
2
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS,
by LISA MADIGAN, Attorney General
of the State of Illinois
BY:
MICHAEL
C. PARTEE
Assistant Attorney. General
Environmental Bureau/North
188 West Randolph Street,
Suite 2001
Chicago,
Illinois 60601
Tel.:
(312)814-2069
3
r’~
2/’c~
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
“~
j~r~i
~ ~
20P~
PEOPLE OF
THE
STATE
OF ILLINOIS,
)
by LISA MADIGAN, Attorney General
)
STATE
OF
ILLJN0~S
of the State of Illinois,
)
pouution Control Board
Complainant,
PCB No.
05-92
vs.
)
(Enforcement
—
Air)
SPECIALTY PROMOTIONS,
INC. d/b/a
SPECIALTY PRINTING COMPANY,
a Foreign Corporation,
Respondent.
STIPULATION A~DPROPOSAL 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 Respondent,
SPECIALTY PROMOTIONS,
INC. d/b/a SPECIALTY PRINTING COMPANY,
a
foreign corporation, 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
arid
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.
(2002)
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.
Simultaneous with the filing of this Stipulation,
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 at the request of the Illinois EPA, pursuant to
Section 31 of the Act,
415 ILCS 5/31
(2002),
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 5/4
(2002)
2
3.
At
all
times
relevant
to
the
Complaint,
Respondent
was
and
is
a
Texas
corporation
that
is
authorized
to transact business
in Illinois.
B.
Site Description
1.
Specialty owns and operates a commercial printing
facility
located
at
6019
West
Howard
Street, Niles, Cook County,
Illinois.
2.
On
November
13,
1998,
the
Illinois
EPA
issued
lifetime
operating
permit
no.
98080009
to
Specialty
for
commercial
printing
equipment
that
included
one
heatset
offset
printing
press,
five
sheetfed
offset
printing
presses,
and
one
letter
press.
3.
The
commercial
printing
equipment
covered
by
lifetime
operating
permit
no.
98080009
emits
volatile
organic
material
(“VOM”)
to
the
atmosphere.
4.
Between
about
March
2002
and
August
2002,
Specialty
constructed
and
began
operating
additional
commercial
printing
equipment,
including
one
coldset
lithographic
printing
press,
an
oxidizer,
and
one
heatset
web
press
with
oxidizer,
all
without
obtaining construction permits from the Illinois EPA and without
either modifying lifetime operating permit no.
98080009 or obtaining
new operating permits from the Illinois EPA.
5.
This additional commercial printing equipment also emits
VOM to the atmosphere.
C.
Allegations of Non-Compliance
,
Complainant
contends
that
the Respondent violated the following
provisions
of the Act and Board regulations:
3
Count
I:
‘
Causing or allowing air pollution in
violation
of
Section
9(a)
of
the
Act
(415
ILCS
5/9(a)
(2002))
and
Section
201.141
of
the
Board’s
Air
Pollution
Regulations
(35
Ill.
Adm.
Code
201.141);
Count
II.:
Constructing
new
emission
sources
and
new
air
pollution
control
equipment
without
construction
permits
in
violation
of
Section
9(b)
of
the
Act
(415
ILCS
5/9(b)
(2002))
and
Section
201.142
of
the
Board’s
Air
Pollution
Regulations
(35’
Ill.
Adm.
Code
201.142);
Count
III:
Operating
new
emission
sources
and
new
air
pollution
control
equipment
without
operating
permits
in
violation
of
Section
9(b)
of
the
Act
and
Section
201.143
of
the
Board’s
Air
Pollution
Regulations
(35
Iii.
Adm.
Code
201.143’);
Count
IV:
‘
Constructing a major source of VOM without
CAAPP
permits
in
violation
of
Section
9(b)
of
the
Act
and
Section
203.201
of
the
Board’s
Air
Pollution
Regulations
(35
Ill.
Adm.
Code
203.201);
Count
V:
Operating a major source of VOM without
CAAPP
permits
new
emission
sources
and
new
air
pollution
control
equipment
without
operating
permits
in
violation
of
Section
39.5(5)
(x)
of
the
Act
(415
ILCS
5/39.5(5)
(x)
(2002))
and
Section
270.301
of
the
Illinois
EPA’s
Air
Pollution
Regulations
(35
Ill.
Adm.
Code
270.301);
Count
VI:
Failing
to
achieve
90
reduction
in
emissions
in
violation
of
Section
9(a)
of
the
Act
and
Section
218.407
(a)
(1)
(C)
of
the
Board’s
Air
Pollution
Regulations
(35
Ill. Adm. Code
218.407(a)
(1)(Cfl;
Count
VII:
Failing to certify compliance with
lithographic printing rules in violation
of Section 9(a)
of theAct and Section
218.411(b)
of the Board’s Air Pollution
‘Regulations
(35 Ill.
Adm. Code
218.411(b))
Count VIII:
Failing to file complete annual’emission
report
in violation of Section
9(a)
of the
Act and Section 254.303(b)
of the Board’s
4
Air Pollution Regulations
(35 Ill.
Adrn.
Code 254.303(b));
Count
IX:
Violating special condition no.
2 of
operating permit in violation of Section
9(b)
of the Act;
Count
X:
Violating special condition no.
5 of
operating
permit
in
violation
of
Section
9(b) of the Act;
Count XI:
Violating special condition no.
7 of
operating
permit
in
violation
of
Section
9(b)
of the Act;
Count XII:
Failing to maintain and operate continuous
emission
monitoring
equipment
in
violation
of
Section
9(a)
of
the
Act
and
Section
218.407
(a)
(1)
(D)
of
the
Board’s
Air
Pollution
Regulations
(35
Ill.
Adm.
Code
218.407
(a)
(1)
(D))
D.
Non-Admission
of Violations
The Respondent neither admits nor denies the violations alleged
in Counts
I through XII of the Complaint filed in this matter and
referenced
within
Section
III.C
herein.
E.
Compliance Activities
to Date
In August 2004, prior to the filing of this Stipulation,
Respondent submitted a Clean Air Act Permit Program
(“CAAPP”)
permit
application
covering
all
equipment
at
its
facility.
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
enforce~nent
action
taken
pursuant
to
this
Stipulation
the
failure
of
5
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.
1.
No
change
in
ownership,
corporate status or operator of the
facility
shall
in
any
way
alter the responsibilities of the
Respondent
under
this
Stipulation.
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.
2.
In the event that the Respondent proposes to sell or transfer
any real property or operations subject to any Order accepting and
adopting the terms of this Stipulation,
the Respondent shall notify
the Complainant 30 days prior to the conveyance of title, ownership
or other interest,
including a leasehold interest in the facility or
a portion thereof.
Such notification shall be submitted to the
contact persons identified
in Section VIII.A.
The Respondent shall
make the prospective purchaser or successor’s compliance with any
Order accepting and adopting the terms of this Stipulation a
condition of any such sale or transfer and shall provide a copy of
this Stipulation and any Order accepting and adopting the terms of
this Stipulation to any such successor in interest.
This, provision
does not relieve the Respondent
from’ compliance with any regulatory
requirement regarding notice and transfer of applicable facility
permits.
3.
The Respondent shall notify each contractor to be retained to
perform work required by any Order accepting and adopting the terms
6
of this Stipulation of each of the requirements of said Order
relevant to the activities to be performed by that contractor,
including all relevant work schedules and reporting deadlines, and
shall provide a copy of this Stipulation and any Order accepting and
adopting the terms of this Stipulation to each contractor already
retained no later than 30 days after the date of adoption of this
Stipulation.
In addition,
the Respondent shall provide copies of
all schedules for implementation of the provisions of this
Stipulation to the prime vendor(s)
supplying the control technology
systems and other equipment required by any Order accepting and
adopting the terms of this Stipulation.
V.
COMPLIANCE WITH OTHER LAWS MID
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)
(2002), 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;
7
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 threatened and the
Illinois EPA’s information gathering responsibilities hindered by
the Respondent’s violations.
2.
There is social and economic benefit to the facility.
3.
Operation of the facility is suitable for the area in
which it is located.
4.
Compliance with the Act and Board and Illinois EPA
regulations was and’ is both technically practicable and economically
reasonable.
5.
Respondent has subsequently complied with the Act ‘and the
Board Regulations..
VII.
CONSIDERATION OF SECTION 42(h)
FACTORS
Section 42(h)
of the Act, 415
ILCS 5/42(h)
(2002), 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:
8
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 Respondent failed to obtain permits prior to
construction and operation of additional commercial printing
equipment at its facility,
failed to timely obtain CAAPP permits,
failed to certify compliance with certain requirements and
accurately report emissions, and violated provisions of the Act,
Board’s Air Pollution Regulations,
Illinois EPA’s Air Pollution
Regulations, and lifetime operating permit no. 98080009.
The
9
violations began between about March 2002 and August 2002 and will
be resolved when the CAAPP permit application that was submitted by
Respondent
in August 2004 is granted by the Illinois EPA.
2.
Respondent was diligent in attempting to come back into
compliance with the’ Act, Board regulations, and Illinois EPA
regulations,
once the Illinois EPA notified it of its noncompliance.
3.
The economic benefit to Respondent from its delay in
compliance is nominal.
4.
Complainant has determined, based upon the specific facts
of this matter,
that a penalty of Seventy-Five Thousand Dollars
($75,000.00)
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 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
Seventy-Five
Thousand
Dollars
($75,000.00)
in
two
installments
of
Thirty-Seven
Thousand
Five
Hundred
Dollars
($37,500.00)
each.
The
first
payment
shall
be
made
within
30
calendar
days
from
the
date
the
Board
adopts
and
accepts
this
Stipulation.
The
second payment
10
shall be made within 90 calendar days from the date the Board adopts
and accepts this Stipulation.
2.
The two penalty payments described in the immediately
preceding paragraph 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
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”), 752655558,
shall appear on the check
or money order.
A copy of the certified check, money order or
record of electronic funds transfer and any transmittal letter shall
be sent to:
Michael
C.
Partee
(or designee)
Assistant Attorney General
Environmental Bureau North
188 West Randolph Street, Suite 2001
Chicago,
IL 60601
Maureen Wozniak
(or designee)
Assistant Counsel
Illinois Environmental Protection Agency
1021 North Grahd Avenue East
P.O. Box 19276
Springfield,
IL 62794-9276
3.
Pursuant to Section 42(g)
of the Act,
415 ILCS
5/42(g)
(2002), 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
(2002).
Interest on any unpaid payment
shall begin to accrue from
the date the payment is due and continue to accrue until the date
11
payment is received.
When partial payment(s)
is 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.
4.
For purposes of payment and collection, Respondent may be
reached at the following address:
Adam LeFebvre, President
Specialty Printing Company
6019 West Howard Street
Niles,
IL 60714
5.
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 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.D 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 Complaint
in this matter,
for purposes of Sections 39(a)
and
(i) and/or 42(h)
of the Act, 415 ILCS 5/39(a)
and(i) and/or 5/42(h)
(2002).
Further,
12
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 III.C
(Allegations of Non-
Compliance)
of this Stipulation.
D.
Release from Liability
In
consideration
of
the
Respondent’s
payment
of
the
$75,000.00
penalty
and
any
specified
costs and accrued interest,
completion of
all
activities
required
hereunder,
to
Cease
and
Desist
as
contained
in
Section
VIII.C
and
upon
the
Board’s
acceptance and approval of
the terms of
this
Stipulation,
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 forth above
does not extend to any matters other than those expressly specified
in Complainant’s Complaint filed simultaneous with this Stipulation.
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;
13
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 ILCS 5/3.315,
or entity other than the Respondent.
E.
Right
of Entry
In addition to any other authority,
the Illinois EPA,
its
employees and representatives,
and the Attorney General,
her 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.
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 submitted to the
contact persons identified in Section VIII.A.
Any
such request
shall be made by separate document,
and shall not be submitted
14
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 Board seeking a modification of the prior order
approving and accepting the Stipulation to approve 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,
that Order is a binding and enforceable
order of the 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 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, 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 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.
WHEREFORE,
Complainant and Respondent request that the Board
adopt and accept the foregoing Stipulation as written.
15
AGREED:
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
Asbestos Litigation Division
BY:
/
~4
BY:
____________________
~OSEMARIE
CAZEAU,
ief
J SE
E.
SVOBODA
Environmental Bureau/North
.
hief Legal Counsel
Assistant Attorney General
DATE:
~ 3/0
~
DATE:
/
2j
7
FOR THE RESPONDENT:
SPECIALTY PROMOTIONS,
INC. d/b/a
SPECIALTY PRINTING COMPANY
BY:__
ITS:__________________________
DATE:
IZ.—
Z7~Y
16
CERTIFICATE OF SERVICE
It is hereby certified that true and correct copies of
Stipulation and Proposal
for Settlement, Motion
for Relief from
Hearing Requirement and Notice of Filing were mailed,
first class
postage prepaid,
to the person listed on the Notice of Filing on
January
5,
2005.
BY:
________________________
MICHAEL
C.
PARTEE
It is hereby certified that the originals plus nine
(9)
copies
of the foregoing were hand-delivered to
the’ following person on
January
5,
2005:
Pollution Control Board, Attn:
Clerk
James
R. Thompson Center
100 West Randolph Street,
Suite 11-500
Chicago, Illinois 60601
BY:
_____
MICHAEL
C. PARTEE
