BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    PEOPLE OF THE STATE OF ILLINOIS, )
    RECE~VE1~
    ‘rr’ir’c
    :by JAMES E.
    RYAN,
    Attorney
    General of the State of Illinois )
    DEC 1 6 2003
    Complainant,
    STATE OF ILLINOIS
    No. PCB °2
    2~ollutionControl Board
    v.
    ACTION ATHLETIC EQUIPMENT, INC.
    an Illinois corporation,
    Respondent.
    NOTICE OF FILING
    TO: See Attached Service List
    PLEASE TAKE NOTICE that on December 16, 2003 the parties
    filed with the Pollution Control Board the following ADDENDUM
    TO
    STIPULATION AND PROPOSAL FOR SETTLEMENT, a true and correct copy
    of which is attached and hereby served upon you.
    Respectfully submitted,
    -
    BY:
    __________
    CAROLYN
    ~.
    HESSE
    Attorney
    Barnes & Thornburg
    1 N. Wacker Drive
    Chicago, IL 60606
    (312) 214-8301
    THIS FILING IS SUBMITTED ON RECYCLED PAPER
    BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    PEOPLE OF THE STATE OF ILLINOIS, )
    REc~irvEJ~
    ex rel. LISA MADIGAN, Attorney
    )
    .U~SOFF!CE
    General of the State of Illinois )
    tJE~1. ~ 2003
    Complainant,
    STATE OF ILLINOIS
    v.
    )
    No. PCB 02-2 ~
    Control Board
    ACTION ATHLETIC, INC., an Illinois
    Corporation,
    Respondent.
    ADDENDUM
    TO STIPULATION AND PROPOSAL FOR SETTLEMENT
    Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA
    NADIGAN, Attorney General of the State of Illinois, and
    Respondent, ACTION ATHLETIC, INC. (“Action Athletic”)
    (collectively, “the parties”), an Illinois corporation, do hereby
    submit this Addendum to the Stipulation and Proposal for
    Settlement to the Illinois Pollution Control Board (“Board”) for
    approval.
    1. On May 31, 2002, Complainant filed a complaint against
    Action Athletic alleging violations of the Illinois Environmental
    Protection Act and Board’s Air Pollution Regulations.
    2. On October 3, 2003, the parties filed a Stipulation and
    Proposal for Settlement (“Stipulation”) with the Board.
    3. The Stipulation, in pertinent part, called for Action
    Athletic to pay $28,000 within 30 days of the date of entry of
    the Stipulation. Payment of the $28,000 was to be divided as
    follows:
    a. Payment of a civil penalty of $25,198.21 was to be
    made by certified check or money order payable to the
    Illinois Environmental Protection Agency (“Illinois
    EPA”) and designated to the Environmental Protection
    Trust Fund.
    b. Payment of permit fees in the amount of $2,801.79
    was to be made by certified check or money order
    payable to Illinois EPA and designated to the Bureau of
    Air Permit Fund.
    4. On December 4, 2003, the Board entered an order
    accepting the Stipulation and directed Action Athletic to pay
    $28,000 to Illinàis EPA by January 3, 2004. However, the Board
    directed Action Athletic to designate the entire $28,000 payment
    to the Environmental Protection Trust Fund.
    5. In order to truly reflect the Stipulation, the parties
    request that the Board issue an amended order accepting the
    Stipulation. In the amended.order, the Parties request that the
    Board order Action, Athletic to pay $28,000 to Illinois EPA,
    divided as follows: Designating a civil penalty of $25,198.21 to
    the Environmental Protection Trust Fund and designating permit
    fees of $2,801.79 to the Bureau of Air Permit Fund.
    6. The parties also request that the amended order extend
    the deadline for payment of the civil penalty and permit fees.
    The parties request that the Board allow Action Athletic to pay
    the civil penalty and permit fees within 30 days of the entry of
    the amended order.
    7. No other part of the Stipulation will change in the
    amended order, and the parties request that the Board incorporate
    the Stipulation into the amended order by reference.
    2
    Respectfully submitted,
    PEOPLE OF THE STATE OF ILLINOIS
    LISA MADIGAN
    Attorney General
    State of Illinois
    BY:
    JOEL J. STERNSTEIN
    Assistant Attorney General
    Envirbnmental Bureau
    188 W., Randolph St., 20th Fl.
    Chicago, IL 60601
    (312) 814-6986
    ACTION ATHIL~ETIC INC
    BY:
    C~J~J~—J~
    CAROLYN~$. HESSE
    Attorney
    Barnes & Thornburg
    1 N. Wacker Drive
    Chicago, IL 60606
    (312) 214-8301
    H: \common\Environmental\JOEL\Case Documents\Action Athletic\stipulation
    -
    addendum.wpd
    3
    SERVICE LIST
    Joel Sternstein, Esq.
    Illinois Attorney General’s Office
    Environmental Bureau
    -
    North
    188 W. Randolph, 20th Floor
    Chicago, IL 60601
    Maureen Wozniak, Esq.
    Illinois Environmental Protection Agency
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62702
    CERTIFICATE OF SERVICE
    I, CAROLYN S. HESSE, certify that on the l6~day of
    December 2003, I caused to be served by First Class Mail the
    foregoing ADDENDUM TO STIPULATION
    AND PROPOSAL FOR SETTLEMENT
    to
    the parties named on the attached service list, by depositing
    same in postage prepaid envelopes with the United States Postal
    Service.
    ,
    ~
    ~
    CAR YN S. HESSE

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