CLERK~OFE~

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

PEOPLE. OF THE STATE OF ILLINOIS,

AUG232004

STATE OF ILLINOIS

Complainant,           

)

iOII~tion

Controj Board

V.

)

PCBO1—07

(Enforcement-Air)

QC FINISHERS, INC., 

an Illinois

)

corporation,

Reèpondent.           

NOTICE OF FILING

TO: See Attached Service List

PLEASE TAKE NOTICE that on the 23rd day of August, 2004, I filed

with the Clerk o~the Illinois Pollution Control Board a Stipulation

and Proposal for Settlement and a Motion to Request Relief From

Hearing Requirement, copiesof which are attached hereto and are

hereby served upon you.

PEOPLE OF THE STATE OF ILLINOIS

LISA 

MADIGAN

Attorney General of the

State 9~f

Illinois

•

By:

PAULA BECKER

WHEELER

Assistant Attorney General’

Environmental Bureau

• •

188 West Randolph Street, 

20th

Fl.

•

Chicago, IL 60601

312/814-151.1

DATE: August 23, 2004

THIS FILING IS SUBMITTED ON RECYCLED PAPER

SERVICE LIST

Ms.

Heidi E. Hanson

Law Officeof H.E.• Hanson, Esq. P.C.

4721 Franklin Ave., Suite 1500

WesternSprings, Ii 60558-1720

Bradley Halloran

•          Chief Hearing Officer

I1~lin~isPollution Control Board

•100 West Randolph Street, 11th Floor

•          Chicago, IL 60601

•I

•••

•

• •

BEFORE THE ILLINOIS POLLUTION CONTROL BOAR~LERK’SOFFICE

PEOPLE OF THE STATE OF ILLINOIS,

•

)

•

AUG23 2004

•

Complainant,

•

Po~Iut~on

STATEOFILLII\JOIS

Control

Board

• V.

•

)

PCB 01-07

• •

)

•

(Enforcement-Air)

QC FINISHERS, INC., 

Illinois   

•

corporation,             

)

Respondent.

• •

•

‘,

MOTION TO REQUEST RELIEF

FROM HEARING REQUIREMENT

‘NOWCOMES the Complainant, PEOPLE OF THE STATE OF ILLINOIS, by

LISA MADIGAN, Attori~eyGeneral 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: 

•

• •

•

On July14, 2000, a Complaint was filed with the Pollution

Control

Board (“Board”) in this matter. OnAugust 23, 2004, a

Stipulation and Proposal for Sett~ement was filed with the Board.

2.  Section 31(c) (2) of the Illinois Environmental Protection

Act (~‘Act”),; 415 ILCS 5/31(c) (2), effective August 1, 

1996, allows the

parties in certain enforcement case~to request relief from the

mandatory hearing requirementwhere the partieshave submitted to the

Board a stipulation and proposal for settlement. Section 31(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 bya 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 thi~ 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 he~ringand shall hold a

• hearing in accordance with the provisions of

subdivision (1)

3.  No hearingis currentlyscheduled in the instant case.

4.  The COmplainant requests the relief conferred by Section

31(c) (2) of the Act.        

‘

;

‘

WHEREFORE, ‘the Complainant, PEOPLE OF THE STATE OF ILLINOIS, by

•LISA 

MADIG~,

Attorney General ~f the State of Illinois, requests

relief from the requirement of a hearing pursuant to 415 ILCS

‘5/31(c) (2) (2002). 

‘

‘ “ ‘

‘

•

‘RespectfuLly submitted,

• ‘ ‘

‘

•

‘

PEOPLE OF THE STATE’OF ILLINOIS

LISA MADIGAN

•

‘ ,

‘

‘ •

Attorney General of the

•

‘

•

State, of Illinois

__________________

•

PAULA BECKER WHEELER

•

Assistant Attorney ‘General

Environmental Bureau    

‘

•

188 West Randolph Street, 

20t1i

Fl.

‘

•

Chicago, IL 60601   

‘

•~ ‘

‘

312/814-1511     

•

• •

BEFORE THE ILLINOIS POLLUTtON CONTROL

•

• “

•

‘

••

CLERK’S

OFFICE

PEOPLE OF THE STATE OF ILLINOIS, )                               

AUG

200k

Complainant,  

‘

‘ )‘

‘

•

•

‘

PoI~ut~onSTATE 

OF~LLINOISControl

Board

•

‘

v.

•

‘

)

, ‘

PCB 01-07

(‘Enforcement-Air)

QC FINISHERS, INC., anIllinoi~

•

)

•

‘•‘

corporation,

‘

“

• Respondent.

‘

H

‘

)

‘

•

STIPULATION AND PROPOSAL FOR SETTLEMENT

Co~nplainant,, PEOPLE OF THE STATE OF ILLINOIS, ‘by’LISA

MADIGAN, Attorney General of’ the State of Illinois,

at the

request of the Illinois Environmental Protection Agency(”Illinois

EPA”), and ,respdndent, QC FINISHERS, INC. 

(“QC FINISHERS”), ‘an

Illinois corporation, by its attorney, H E Hanson, Esq 

P C

do hereby agree to this Stipulation

and Proposal for Settlement

(“Stipulation”) 

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 full

hearing w~reheld. 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

enterédinto

this Stipulation,

nor any of the facts ~tipulated

herein, shall be introduced into evidence in this or any other

• proceeding

eçcept to enforce the terms of this agr~ement. 

••

Notwithstanding the previous sentence, t1~is Stipulation and

-1-

•

‘

Proposal for Settlement and any Illinois Pollution Control Board

(“Board”). o±~deraccepting same may be used in’any future

enforcement action’as evidence of a past adjudication of

Violation of the.Illinoi,s

Environmental Protection Act

(“Act”)

for purposes of Sections 

39(i) and 42(h) of, the Act, 415 ILCS

• •

5/39(i)and5/42(h)(2002)’. This Stipulation and Proposal. for

Settleme~itshall be null and void unless the Board approves and

‘disposes of this ‘matter o’n’each and every one of the terms and

conditions of

the settlement set forth herein’. 

If the Board

apprbves and enters 

this Stipulation, Respondent agrees to ,be bound

by the St~ipulatipnand 

not to contest its validity

in any’

subsequent proceeding to implement or enforce its terms

I.

JURISDICTION 

•

‘

The Board has jurisdiction of th~subject’, matter herein and

of the parties’.consenting’hereto pursuant to the Act, 415 ILCS

5/i et

seq.

(2002).

‘

•

II.

I’

AUTHORIZATION      

‘

The undersigned representatives certify that theyare fully 

• •

authorized to enter into the terms and conditions of this

Stipulation andPropbsal for Settlement,’ that’they accept the

jurisdiction of the 

Illinois

Pollution Control Board and that they

have the authority to legally bind the entity for which they have

signed. below.

‘

‘ ‘

‘~

‘

-2-

III.

APPLICABILITY.   

This Stipulation

and Proposal for Settlement shall’apply

and be binding upon the said entities,

and each of them, and on

any officer, director, agent, employee or servant ‘of Respondent,

as well as Respondent’s successors and assigns. The Respondent

shall .no?. raise as a defense to any enforcement action taken

pursuant to. this settlement

the failure of officers, directors,

agents, servants, or, employees of respondent to take such action

as shall be required to comply with the provisions of this

settlement.         

“

•,

Iv.

STATEMENT OF FACTS 

‘.

A.

‘Parties 

•

• •,

1.  The Attorney General of the State of Illinois brought

this action on her own motion, as well as at the request of’ the,

IllinOis Environmental Protection Agency (“Illinois

EPA”.),

pursuant to the statuto~y authority vested in her under Section 31

of the Act, .415 ILCS 5/31 (2002)   

. .

‘

Illinois

EPA.is anagenOy of the State ofIllinbis

created pursuant to Section 4 of the Act,’ 415 ILCS 5/4 (2002), and

is charged, 

inter alia,

with the duty of enforcing theAct.

Respondent, QC FINISHERS, is an Illinois

corpo~ation,

duly authorized to transact business in the State of Illinois.

-3-

B~. Facility Description              

Respondent owns 

and operates a business that acts as a job

• ‘

shop coater of miscellaneous metal

and plastic parts for various,

industries. 

The coating operations 

are located at 10228-10344

Franklin Avenue, Franklin Park,’ Cook County, Illinois

(“facility”~. The facility currentlyincludes sixpaint spray

booths, control equipment, three drying ovens, sanding and

‘polishing units,.a solvent distiller and a silk.screèning

operation. Respondent

is ‘currently in compliance.

C.’ Ndncompliance 

‘

. .

violations Alleged in the Complaint

The Complaint has alleged the following violations

of the Act and

Illinoi,s Pollu?ion

ContrOl Board (“Board”) regulations against the

Respondent:     

‘

. .

‘

COUNT I:  CONSTRUCTION WITHOUT’ A STATE PERMIT, violations of

Sections 9(b), of the Act, 415 ILCS 5/9(b) (2000) and Sectjon

• ‘

;201.142 of the Board’s’ 

Air Pollution Regulations, 35 Ill. Adm.

Code 201 142,

COUNT II

OPERATING WITHOUT A STATE PERMIT, violations

of Section

9(b) of the Act; 415 ILCS 5/9(b)(2000), and Section 201.143 of ‘the

Board’s Air Pollution Regulations, 35 Ill Adm Code 201 143,

COUNT III: FAILURE TO COMPLY WITH EMISSION LIMITATIONS,

violations

• ‘ .

of Section 9(a) of’~the Act 415 ILCS 5/9(a) (2000), and Section

218.204 of the Board’s Air Pollution Regulations,

35 Ill.

Adm.

Code 218 204,

COUNT IV:

‘.

FAILURE TO TIMELY DEVELOP AND’ SUBMIT FUGITIVE MATTER

EMISSION PROGRAM,

violations of Section 9(a) of the Act, 415 ILCS

5/9(a) (2000),and Section 212.309 of ‘the Board’s’ Air Pollution

Regulations, 35 Ill.. Adm. Code 212.309;,..,  

‘

COUNT V: 

‘

FAILURE TO TIMELY FILE AN.ERMS

APPLICATION, violations

-4-

•

‘

.‘,

‘

of,Sect±on9(a) of the Act., 415 

ILCS 5/9(a) (2000), and Section

205.310 of •the Board’s Air Pollution Regulations, 35 Ill. Adm.

Code 205.310; 

‘ ,

‘

COUNT VI:

OPERATING WITHOUT A CAAPP PERMIT, violations

Sections 9 a±~id

39.5 of the Act, 415 ILCS 5/9, 

5/39.5(2000)

and

Section 270.201 of the Board’s Air Pollution Regulations,35 Ill.

Adm. Code 270.201;

•

‘.

‘

COUNT VII: MAKING A’ MAJOR MODIFICATION WITHOUT A PERMIT,

violations of Section 9(a) of the Act,. 415. ILCS 5/9(a) (200,0), and

Section 203.201 of the Board’s Ai,r Pollution Regulations, 35 Ill.

Adm. Code 203.201;    

‘ .,

•

.2.  Additional Alleged Violations  

‘

a~

..On.Noverriber

18, 2003, the Illinois EPA conducted an

inspection

of the facility;

., •

On December 12, 2003, the Illinois

EPA issued

a Violation Notice letter to the Respondent informing it of the

results of the inspection

The letter further advised Respondent

that it was in apparent violation of the following environmental

statutes and regulations: 

•

. .

‘

Section 9(b)of the Act violations of

c.bndi~tions 10(b) (i) and 10(b) (‘iv), of its FESOP

99030080, and

Section 9(a) of the Act and 35 Ill Adm Code

218 204(j) (4)E violations of emissions 

limitations

set forth J.~n 218,, Subpart F.

: .

On January 8, 2004, Respondent sent a letter to

the Illinois EPA, informing the Agency of possible exceedences in

violation of Condition 6 of its

FESOP 99030080

d From July 1991 through December 2003, Respondent,

at various times, based on the allegations as described in this

‘-5-

Section’ IV, was in apparent .violatioi~ of various reporting, and

.recordkeeping

requirements of the Board’ s. Air, Pollution

regulations, 35 Ill. Adm. Code Subtitle

B, specifically, failure

to’ report emissions, failure to report permit noncompliances,

failure to ‘report noncompliances with the Board Air Pollution

regulations, and failure to file applications and reports. It is

the parties’

intent that these alleged violations

of 35 Ill

Adm

Code Subtitle B, be resolved through this Stipulation’ and Proposal

“for Settlement.

‘

‘ •

‘

D’.  Response toalleqations 

, . .

Respondent denies, all of the, 

alleged violations in the

Complaint which were not specifically 

admitted in

its Answer, and

neither admits

nor denies all of the alleged 

violations described

in SECTION IV C 2 of this Stipulation

Respondent furt’her states that. it began operation and

operated for some time at a usage rate of less than five thousand

gallons per year of coatings,

at which level it was exempt from

the permitting requirements. Respondent’was unaware of the

significance of exceeding five thousand gallons Respondent

represents

it

made several attempts

to learn about the

~equirements

applicable to .its operation,.’ but, that ±ts

queries

were made to. Cook County Environmental Control which provided

incorrect’ information. Respondent also’ asserts it’.was unaware ‘of

the emission limitations of Section 218 204, 35 Ill Adm Code

-6-

218.204, which were applicable during its’opérations and of’ the

•       requirements of Parts 203 and 205 a~dthe CAAPP’program. 

•

No

National Ambient Air, Quality Standards were exceeded in the,

vicinity of Respondent’s operation. Respondent-specifically

denies all allegations relating to Count VII and New Source

Review. An inspection on November 18, I2003,,and a subsequent

internal audit of the facility discovered alleged permit

noncompliances in’cludin9 failure to keep certain records. in the

form and manner required by the permit and the use of high solvent

paint for tpuch up 

purposes.

‘‘

. ‘. .

V.

‘

IMPACT ON THE’ PUBLIC RESULTING FROM NONCOMPLIANCE

Section 33 (c) of the Act, 4,15 ILCS 5/33 (c’) (2002) 

‘provides as

follows:

‘

‘.

“

In making it~orders and determinations, the Board shall

tak~ into consideration all the’ fact,s 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, o’r

interference with the protectio~i 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 th~

emissions, discharges or deposits resulting from such

-7-,

pollution source; .and

any subsequent compliance

ANALYSIS: 

,‘

‘

~The ‘parties mutually. state ,as follows:

1. .

charadter and Degree of Injury:

,The impact ,to the’ public from” the alleged vio1atio~isof the

Act would be the actual and threatened air pollution into the

environment of the State Of Illinois

The parties acknowledge the

‘prdgrammatic significance of the air

pollutiOn control, regulations

including the permit program to the State of Illinois and agree

that the failure to obtain and comply with permit requirements

would constitute an injury

‘2. 

‘

Social and Economic Benefit:  

. ‘

The parties agree that operation of Respondent’s business is

of social and economic benefit provided it operates in conformance

with the requirements of the Act and pertinent Board regulations

3

Suitability to the Area

Operation of Respondent’s business at the Site is suitable to

the area. 

‘.,~ ,‘

, ‘ .

Technical Practicability

Obtaining all necessary permits

prior to initiating

construction

or operation,

employing methods to prevent excessive

emissions of’air’,contarninants,

atidproperly

maintaining the

requisite records is technically’ p~acticable and economically

-8-

reasonable.

Subsequent’ Compliance:

To the best of the Illinois EPA’s information, Respondent ,is

currently in compliance ~ith’,airpollution laws and regulations.

VI..           

‘

CONSIDERATION OF SECTION 42 (h) FACTORS

Section 42(h) of the Act, 415 ILCS 

5/42(h), effective 1/1/04,

.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

follo~dng factors:

‘

‘.

‘

the duration and: gravity of the violation;

.2.

the presénce”o~absence of due.diligence on’the part

of the, respondent in, attempting 

to comply with

requirements of this Act and regulatioi~s,theréunder

or

to,

secure ‘relief therefrom as provided’by this

Act; 

‘ ,

‘

3. .,“any ecoi~omic benefits,

accrued ‘by the’ respo~dent

becäuseof delay in compliance wi.th requirements, in

which case the eOonoiriic benefit 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 nurrtbei, prOximity ‘in ‘time, and gravity’, of

previously adjudicated violations of, this Act by the

respondent; and   

‘

I ‘ ‘

whether the respondent voluntarily

self-disclosed,

accordance with subsection 

(i)

of this Section, the

non-compliance to the Agency, and

-9-’.

7..

whether the,r.espondent

has agreed to undertake a

“supplemental’ en~ironmenta1project,” which mCans 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.  

‘

ANALYSIS: 

‘

, . ‘

‘

Duration 

and

Gravity of the “Violation:

The violations that are the subject of the Complaint and that

are stated in Section IV..C.2 of this Stipulation are alleged to

have existed for varying lei~igths of

time.’ 

‘ ‘

‘

2

Diligence of Respondent

The Respondent has completed construction of control

equipment, and obtained all relevant permits, and is operating in

compliancewith 

its permit and with relevant,laws and regulations.

The Respondent has been responsive to the Illinois EPA and the

Attorney General’s Office.’

‘

.‘

3.

Economic Benefit of.Noncompliance:’ 

‘

The Respondent did receive an economic benefit from the

alleged noncompliance through profits from the use of noncompliant

coatings. However, it did

not receive 

economic benefit as

determined by the lowest

cost alternative for achieving

compli~flce The civil penalty contained herein recovers any

economic benefit obtained by Respondent frorri the alleged

noncompliance; 

‘

.‘

.. ,‘

‘.

Deterrence: 

‘

‘ “

‘

-10-,

‘

“

“.

A penalty of One Hundred.Fo~ty-Nine Thoüsai~dSix ‘Hundred

Dollars ($149,600.00) ‘against the Respondent will deter future

noncompliance by the Respondent and others.  

,‘ ‘ ‘

Compliance History: 

,‘

‘

The Respondent has no previously adjudicated violations of

the AOt andBOard 

Reg~ulatio1as.

‘

,‘

•

,‘

‘

6.

Self-Disclosure:   

‘~‘

H

, , ‘

‘

The parties,agree

~hat Respondent did not self-disclose the

alleged violations. pth’suant to 42 (h) (6) 

‘ ,

7.

Supp2emental Environmental Projects: 

,‘ ‘

‘

No supplemental

environmental project is contemplated as part

of the settlement.

‘

, I “

‘ ,

‘

.‘ ‘

VII

TERMS OF SETTLEMENT

1. Respondent’ denies, all of the alleged violations in the

Complaint which were not specifically admitted in its Answer, and

neither admits nor denies all of the alleged violations described

in SECTION IV C 2 of this Stipulation

The Respondent shall pay a total penalty of the sum of

ONE HUNDRED FORTY-NINE THOUSAND SIX HUNDRED DOLLARS ($149, 600 00),

payable as follows

a.. The payments shall be,made ,ir~ three installments as”

stated below, totaling the $149,600 00

The payments are due on

the following dates:

‘

‘ ‘

. ‘

‘ ‘

‘

The first

installment of $49,600 00 shall be

-11-

‘

• .

due 30 days after the date on which the BOard ‘adopts a final order

approving this Stipulation and ‘Proposal for

Settlement.

ii.

The second inCtaliment of $50,000.00 shall be

due twelve,(l2)’ months after th,e date on which the Board adopts a

final order’approving, the Sti~ulation and Proposal for Settlement’.

iii

The third and final payment in the amount of

$50,000.00 shall’ be due twenty-f 

our (24) months after the date on’

which the ~oard adopts a final order a~pr’Ovingthis Stipulation

and Proposal f,or Settlement. 

. , .

‘

Thepayments shàil be made by certified chec’k or

money order, payable to the Illinois EPA, designated for deposit

into the Environmental Protection Trust Fund(”EPTF”), and shall be

sent by certified mail, return receipt requested to

Illinois Environmental Protection Agency

Fiscal Services

‘

1021 North Grand Avenue East 

‘

. .

0 Box 19276

Springfield,

IL 62794-9276

Respondent’s Federal Employer’s Identification

Number

(“FEIN”) number 36-3386943, must be on the certified check or

money order

For issues relating to the payment of the

penalty,

the Respondent may be reached at the following address

Mr Charles Stitzel

President, QC FINISHERS, ‘Inc.    

‘ ‘ ‘

‘

10244 Franklin Avenue 

‘

‘ ‘

‘

‘Franklin’ Park, Illinois 60131 

‘ ,

A copy of the certified check or money order, and all related

correspondence, shall be ‘sent by first class mail to: 

‘,

‘

-12-’

Paula Becker Wheeler

Assistant Attorney General   

‘ ‘

“

‘

Environmental Bureau 

,‘ ‘ ‘ .

‘ ‘

188 West Randolph., 

20th

Floor  

‘ ,

‘

Chicago, Illinois 60601      

‘ ‘

‘

The complainant may be contadted at the above address.

4.

‘

If the Respondent ‘fails to make any payment specified

within Section VII.2.a. of this Stipulation Order onor before, the

date upon which the payment is due, the Respondent will be in

default

and the remaining unpaid balance of the penalty, plusany

accrued interest, shall be due and owing immediately

5.  In the ever~tof default, the Complainant shall be 

‘

entitled to reasonable costs of collection, including reasonable

attorney’s fees. 

‘

‘ ‘

6   Said penalty amount is riot inclusive of avoided permit

fees by Respondent, which fees total $400 00  Said fees must be

paid within,30 days af~er‘the date on which the Bo~rdadopts a

final order approving this Stipulation and Proposal for

Settlement Said fees are to be paid by certified check or money

order, payable to CAAPP 091 Fund, and mailed to the following

address

Illinois Environmental Protection Agency

Fiscal Services

l021.Nbrth Grar~d’Ayenue East

‘

P.0~Box 19276’  

‘

“

‘

“

Springfield, IL 62794-9276

VIII.,

‘

INTEREST ON PENALTIES 

‘

‘ ‘

‘

1   Pursuant to Section 42(g) of the Act, 415 ILCS

—13-        

‘

5/42 (g) (2002), interest shall accrue ~n ‘any penalty amount owed by

the Respondent not paid ‘~ithinthe time prescribed herein, at the

maximum allowable rate, as set forth

in Section 1003(a) of the’

Illinois Income Tax Act, 35 ILCS 5/1003 (a,) (2002) 

Interest,on unpaid penalties’ shall begin to accrue from

the date the penalty is. di~eand~continue

to accrue~tothe ‘date

payment is received by the Illinois EPA

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 owed the Complainant shall be

paid in the. same manner as set forth ,in ‘Sections VII.2.B and VII.3

above. 

: ‘, .

‘

I ‘

“

‘

IX.

‘

RIGHT OF

ENTRY      

“

‘

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

employees and representatives, and the Attorney General, her

‘agent,s and repreèentatives, shall have the right, of entry ±ntoand

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 Attorn’ey Gene~ral,

her employees ,and representatives may. take photographs,, samples,

and collect information, as they deem necessary

-14-

X.

CEASE AND DESIST’

‘‘

‘

Respondent shall cease and de.sist from future violations

the Act and Board regulations,

including but not limited to, those

sections of the ‘Act and Board regulations that

were the subject

matter of the complaint as outlined. in Section IV.C.

of.

this

Stipulation

and Proposal for Settlement

‘XI.

COMPLIANCE WITH OTHER LAWS AND REGULATIONS’

This Stipulation and Proposal for Settlement in noway

affects Respondent’s responsibility to comply with” any other

federal, state, or local regulations, including but not limited to

the Act and Board regulations,.’

‘ I

‘

‘ ‘

‘

XII.

‘ ‘ ‘

RELEASE FROM LIABILITY

Inconsideration of’ the Résp~ndent’s’paymentas

described in paragraph VII above, and the Respondent’s aoi~nm±tment

to refrain from, future violätions 

‘

of the Act and Board”

regulations, the Complainant releases, waives and discharges

Respondent and its owners,” officers, directors, emplOyees, agents,

successors and assigns from any further liability or penalties for

violations which were the subject matter of the Complaint herein,

and as described in SECTION IV C 2 of this Stipulation, upon the

payment of all monies owed. 

‘

However, nothing in thiC Stipulation

and Proposal for Settlement shall be construed as a waiver by

‘-15-

‘

Complainant of the’ right to redress ‘futu~e,‘violations or obtain

penalties with respect thereto. 

. .

‘ ,

XIII. 

“

‘

EXECUTION’OF DOCUMENT  

‘

This Stipulation

shall become effective

only when execu’ted by

all parties and adopted by the Illinois Pollution Control Board

(THE REST OF THIS PAGE IS LEFT INTENTIONALLY BLANK

-16-

,‘

‘

WHEREFORE, Complainant and Respondent request that the Board

adopt and accept the foregoing Stipulation and Proposal for

Settlement as written.   

‘

‘ ,

“

‘

AGREED:’

FOR’ THE COMPLAINANT:

LISA MADIGAN  

‘

Attorney General of 

‘

the State of Illinois

Matthew J. Dunn, Chief    

“

Environmental’ Enforcement/

Asbestos Litigation Division,

‘

RO  IE~ZE-AU, ~

Environmental Bureau 

“ ‘—.---~

H

, ,‘

‘

Assistant Attorney General    

‘ ‘

‘ ,

Dated: 

~/‘~/~L(

‘, ,

‘ ‘

‘

ILLINOIS ENVIRONMENTAL 

‘ :

‘

PROTE 

ON’AGEN  

‘

•‘

‘

By:’        

‘

SEPH E. SVOBODA 

‘

‘‘

;

‘

‘ ‘ ‘

‘

ief Legal Counsel 

‘

‘,

‘

, ‘

‘

Dated:          

‘

CERTIFICATE OF SERVICE 

‘ ‘

‘

I, PAULA’ BECKER WHEELER, an Assistant Attorney’Gen’eralin thith

case, do certify that I caused, to’ be served this 23rd day of August,.

2004, the foregoing Stipulation and Proposal for Settlement,1 Motion to

Request Relief From Hearing Requirement.and Notice’of Filing upon the

persons’ listed on’ said Notice by depositing’ same in an envelope, first 

‘

class, postage prepai,d, with the United States Postal Servide at .188

West Randolph Street,’Chicago, Illinois, ator before the hour of 5:00

pm

PAULA BECKER WHEELER 

“ I