‘U
ECEVED
OFFICE
OF
THE
ATTORNEY
GENERAL
CLERK’S
OFFICE
STATE
OF
ILLINOIS
OCT
302809
Lisa
Madigan
STATE
OF
ILLINOIS
ATTORNEY
GENERAL
otlution
Control
Board
October
28,
2009
Th
HonorihI
‘roth’
‘2unn
Illinois
Pollution
Control
Board
James
R.
Thompson
Center,
Ste.
11-500
100
West
Randolph
Chicago,
Illinois
60601
Re:
People
v.
Chippewa
Loft,
LLC
PCB
07-68
Dear
Clerk
Gunn:
Enclosed
for
filing
please
find
the
original
and
ten
copies
of a
Notice
of
Filing,
Stipulation
and Proposal
for
Settlement
and
Motion
for
Relief
from
Hearing
Requirement
in
regard
to
the
above-captioned
matter.
Please
file the
originals
and
return
file-stamped
copies
to
me
in the
enclosed,
self-addressed
envelope.
Thank
you
for
your
cooperation
and
consideration.
Very
truly
yours,
Thomas
Davis,
Chief
Environmental
Bureau
500
South
Second
Street
Springfield,
Illinois
62706
(217)
782-9031
TD!pjk
Enclosures
500
South
Second
Street,
Springfield,
Illinois
62706
o (217)
782-1090
TTY:
(877)
844-5461
•
Fax: (217)
782-7046
100
West
Randolph
Street,
Chicago,
Illinois
60601
• (312)
814-3000
• TFY:
(800)
964-3013
• Fax:
(312)
814-3806
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BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
PEOPLE
OF THE
STATE
OF
)
ILLINOIS,
Complainant,
vs.
)
PCB
No. 07-68
(Enforcement-Air)
CHIPPEWA
LOFT,
LLC,
a
Missouri
)
corporation,
)
Respondent.
)
NOTICE
OF
FILING
ocr3o2O
9
oFLUOS
To:
Harjot
S.
Padda
STP
Contro’
Board
Padda,
Benner
& Benner
LLC
pobu
3915
Brannon
Avenue
St.
Louis, MO
63109
PLEASE
TAKE
NOTICE that
on this
date I mailed
for filing
with
the
Clerk
of
the Pollution
Control Board
of the
State
of
Illinois,
a
STIPULATION
AND
PROPOSAL
FOR
SETTLEMENT
and
MOTION
FOR
RELIEF FROM
HEARING
REQUIREMENT,
copies
of
which
are attached
hereto
and
herewith
served
upon
you.
Respectfully
submitted,
PEOPLE
OF THE STATE
OF
ILLINOIS
LISA
MADIGAN,
Attorney
General
of
the
State
of
Illinois
MATTHEW
J.
DUNN,
Chief
Environmental
Enforcement/Asbestos
Litigation
Division
BY:_____________________
THOMAS
DAVIS, Chief
Assistant
Attorney
General
Environmental
Bureau
500
South Second
Street
Springfield,
Illinois 62706
217/782-9031
Dated:
October
28,
2009
CERTIFICATE
OF
SERVICE
I hereby
certify
that
I did
on
October
28,
2009,
send
by
U.S.
mail,
first
class
with
postage
thereon
fully
prepaid, by
depositing
in
a United
States
Post
Office
Box
a
true
and
correct copy
of
the
following
instruments
entitled
NOTICE OF
FILING,
STIPULATION
AND
PROPOSAL
FOR
SETTLEMENT
and
MOTION
FOR
RELIEF
FROM
HEARING
REQUIREMENT
To:
Harjot
S.
Padda
Padda,
Benner
&
Benner
LLC
3915
Brannon
Avenue
St.
Lous,MO
63109
and
the
original
and
ten
copies
of by
First
Class
Mail
with
postage
thereon
fully
prepaid
of the
same
foregoing
instrument(s):
To:
John
T.
Therriault,
Assistant
Clerk
Illinois
Pollution
Control
Board
James R.
Thompson
Center
Suite
11-500
100
West
Randolph
Chicago,
Illinois
60601
A
copy
was
also
sent
by
First
Class
Mail
with
postage
thereon
fully
prepaid
to:
Carol
Webb
Hearing
Officer
Illinois
Pollution
Control
Board
1021
North
Grand
Avenue
East
Springfield,
IL
62794
Thomas
Davis,
Chief
Assistant
Attorney
General
This
filing
is submitted
on
recycled
paper.
BEFORE
THE ILLINOIS
POLLUTION CONTROL
BOARD
PEOPLE
OF
THE
STATE
OF
ILLINOIS,
)
Complainant,
vs.
)
PCB
No. 07-68
(Enforcement-Air)
CHIPPEWA
LOFT,
LLC, a
Missouri
)
corporation,
OCI
2009
Respondent.
)
sThd
MOTION
FOR
RELiEF
FROM
HEAkNG
REQbgREMENi
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
5131(c)(2)
(2008),
moves
that
the
Illinois
Pollution
Control
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
5131(c)(1)
(2008).
In
support
of
this
motion,
Complainant
states
as
follows:
1.
The
parties
have reached
agreement
on
all
outstanding
issues
in
this
matter.
2.
This
agreement
is presented
to the
Board
in
a
Stipulation
and Proposal
for
Settlement,
filed
contemporaneously
with
this
motion.
3.
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
5131(c)(2)
(2008).
1
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)
oftheAct,
415 ILCS 5!31(c)(1) (2008).
Respectfully submitted,
PEOPLE
OF THE STATE OF
ILLINOIS
LISA
MADIGAN
ATTORNEY
GENERAL
MATTHEWJ.
DUNN, Chief
Environmental
Enforcement/Asbestos
Litigation
Division
BY:_____________________
THOMAS
DAVIS, Chief
Environmental Bureau
Assistant
Attorney
General
500
South Second
Street
Springfield, Illinois
62706
217/782-9031
Dated: October
28, 2009
2
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
PEOPLE OF THE
STATE OF
ILLINOIS,
)
)
Complainant,
)
v.
)
PCB
NO. 07-68
)
(Enforcement
- Air?
)
CHIPPEWA
LOFT, LLC,
a Missouri
)
Corporation
)
CorX0
)
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
CHIPPEWA LOFT,
LLC (“Respondent”)
(“Parties
to the Stipulation”),
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. This
stipulation of facts
is made and agreed
upon
for
purposes of settlement
only and
as a factual
basis for the Board’s
approval of this
Stipulation
and issuance
of relief. None
of the facts
stipulated herein shall
be introduced into
evidence
in any other
proceeding regarding
the violations
of the Illinois Environmental
Protection
Act
(“Act”),
415 ILCS 5/1
et seq.
(2006),
and the Board’s Regulations,
alleged
in the
Complaint except
as otherwise
provided herein. It
is the intent
of
the
parties
to
this Stipulation
that it be
a final adjudication of
this matter.
I.
STATEMENT
OF FACTS
A.
Parties to the Stipulation
1.
On
January
22,
2007, 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(2006),
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 (2006).
3.
At all times relevant
to the Complaint, Respondent was and is a Missouri
limited
liability company that has not filed a certificate of authority to transact business
in
the
State
of
Illinois. At all times relevant to the Complaint, Respondent owned property
located at 113 East
Clay Street; Coiiinsviile, Madison County IllinOis, which contaiiis a building formerly
kiiownas
the Collinsville Herald
Building
(“facility”).
4.
On or before March
9,
2005, the Respondent commenced renovation
activities
within
the Collinsville
Herald
Building,
including the removal
of
approximately
3,700 square
feet of asbestos-containing floor tile.
5.
As of March
9,
2005, the Respondent had not filed a written notification of
its
renovation project with the Illinois EPA.
6.
On
March 10, 2005,
the
Illinois EPA inspected the facility
and
observed
a
substantial amount of
debris
within, and on the
ground adjacent to, two
open dumpsters in the
rear
of
the facility. The debris had been subjected to mechanical chipping and was crushed, dry,
and
friable waste
material suspected
to
contain asbestos; subsequent analysis
of
five samples
revealed
asbestos
in a range of six to twelve percent.
7.
The
floor tile in Respondent’s facility was classified as Category I nonfriable
asbestos
containing material (“ACM”) that was
subjected
to
grinding, cutting,
and/or abrading,
and
therefore subject
to the asbestos NESHAP work practices and other requirements as
regulated
asbestos containing material (“RACM”).
2
8.
The Respondent failed to
pay
its statutory fee and file its notice of intent to
renovate
or demolish.
B.
Allegations of Non-Compliance
Complainant
contends that the Respondent has violated the
following provisions of
the
Act
and Board regulations:
Count I:
Violations of the National Emissions Standards for Asbestos
The Respondent did not provide written notification to the
Illinois
EPA
prior to commencement of renovation activities at the facility,
thereby
atig D CFR 6 .i45b)(1) ad Section 9J(d)of
the Act, 415
ILCS
5/9.1(d) (2006).
The Respondent failed to adequately wet and keep wet,
collect, contain
and deposit as soon as practicable all RACM
and asbestos-containing
waste materials generated
during
the removal at a site
permitted
to accept
such waste, and thereby violated 40 CFR 61.1 45(c)(6)
and 61.1 50(b)(1)
and Section 9.1(d) of the Act,
415 ILCS 5/9.1(d) (2006).
Count II:
Air Pollution Violations
By failing to adequately
wet
and
keep wet all RACM removed during
renovation activities until collected and contained
in leak-tight wrapping
in preparation for disposal, to
utilize equipment or methods
to
properly
control emission of asbestos, and to deposit as
soon as practicable all
RACM at a site permitted to
accept such waste, the Respondent has
threatened the emission of contaminants into the
environment so as to tend
to cause air pollution and thereby
violated Section 9(a) of the
Act,
415
ILCS
5/9(a) (2006),
and Section 201.141 of the
Board’s Air Pollution
Regulations,
35
Ill. Adm. Code 201.141
(2005).
Count III:
Nonpayment of
Statutorily Required Fees
The
Respondent
did not pay the statutorily
required notification fee, and
thereby
violated
Section 9.13 of the Act,
415
ILCS
5/9.13 (2006).
C.
Admission of Violations
The
Respondent admits to the violation(s)
alleged
in the Complaint filed in this matter
and
referenced within Section
I.B
herein.
3
B.
Compliance Activities
to Date
On
September 23,
2005, the Respondent submitted the required asbestos notification
for
the
clean-up
of
1,600 square feet of RACM, 400 square feet
of
nonfriable material, and 10
linear
feet of thermal insulation and
paid the required fee. The site was fully remediated on October
18,
2005.
There
are no further ongoing violations at
the
site.
IL APPLICABILITY
This Stipulation shall
apply to and be binding upon the Parties to the Stipulation, and any
officer, direetor; agent; or employee
of th&Rspoiide±it, as well as any uccessors Or asi’gñs 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. 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
for all violations alleged in the
Complaint
in
this matter, for purposes
of Sections 39 and 42 of the Act, 415 ILCS 5/39 and 42 (2006).
III. IMPACT ON THE PUBLIC RESULTING FROM ALLEGED
NON-COMPLIANCE
Section 33(c) of the Act, 415 ILCS 5/33(c)(2006), 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;
4
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
to the Stipulation state the following:
1.
Human health of the workers and handlers of the
ACM
was
threatened
and the
Illinois EPA’s information gathering responsibilities hindered
by the
Respondent’s
violations.
2.
There is social and economic benefit to proper removal of ACM
from the
Collinsville
Herald Building.
3.
The suitability of asbestos removal at this location
is
not an issue
in
this
matter.
4.
Providing notice to the Illinois EPA
prior to renovation is both technically
practicable and
economically reasonable. In
addition, it is both technically practicable and
economically reasonable
to
properly
remove,
handle and dispose of ACM prior to renovation
of
the facility.
5.
Respondent has
subsequently
complied with the Act and the Board Regulations.
IV.
CONSIDERATION OF SECTION
42(h) FACTORS
Section 42(h) of
the Act, 415 ILCS 5/42(h) (2006),
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;
5
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 to the Stipulation state as
follows:
1.
During the renovation activities at the facility, a significant amount of RACM was
disturbed thereby potentially
exposing
the workers and, as the material was improperly handled
and disposed of, the public to carcinogenic asbestos
fibers. The dumpster containing RACM was
also
improperly removed and disposed of. Further,
the Plaintiff alleges there was significant
delay in addressing the violations.
2.
The Respondent did not act diligently to ensure that the
requirements
of
the
NESHAP for asbestos were met prior to and during
renovation activities. It failed to promptly
remediate the violations and did not adequately clean up
the contamination until October, 2005,
approximately seven
months after being notified of its violations.
Despite guidance
from the
Illinois EPA, the Respondent allowed a
dumpster containing RACM to be improperly
removed.
6
3.
The
Respondent’s economic
benefit from alleged
noncompliance
was
likely
nominal
and the Parties to
the
Stipulation believe
that
the penalty
obtained includes
any such
economic benefit.
4.
Complainant
and the Illinois
EPA have determined,
based upon
the specific
facts
of this
matter,
that
the agreed upon civil
penalty 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
ii
6.
Self-disclosure
is not
at
issue
in this matter.
7.
The settlement
of this matter
includes the Respondent’s
participation
in a
supplemental
environmental project
(“SEP”).
Project
Name:
City of Collinsville
Disinfection Upgrade
Type of
Project:
Pollution Prevention and
Resource
Efficiency
Estimated
Cost:
$124,000.00
Project
Details:
The
SEP is an upgrade
to
the City
of Collinsville’s
water
disinfection
system.
The
current
system was installed
in 1993 and
unable
to keep up with
the City’s
needs.
The
disinfection
equipment
will
include
piping hookups,
transportation
of the
plumbing,
and the disinfection
units.
It will require new
MIOX
RIO
M2,
a new dual
water softener, and
a new
1,090-gallon
mixed
oxidant
storage tank.
The project was
approved
by
the Collinsville
City
Council
on October 14,
2008.
The
project will be
complete as
of
the date
of the filing of this
Stipulation.
The
disinfection system
project
area includes the City
of
Collinsville
city limits,
state
park area
north of route
40, and rural
Collinsville
to the east of the
city
proper
in Madison County,
Collinsville Township.
A
preliminary
sketch of the
disinfection
system is
attached
as
Exhibit
A.
7
‘7.
TERMS
OF
SETTLEMENT
A.
Penalty
Payment
The
Respondent shall
pay a civil penalty
in the
sum
of
Thirty
Three Thousand
Dollars
($33,000.00).
The Respondent shall
make three
equal payments of
$11,000.00.
The
payments
shall
be made as follows:
Payment
Number
1:
$11,000
within
thirty
days
of Board approval.
Payment
Number 2: $1 1.000
within sixty
days of Board approval.
Payment
Number 3:
$11,000
ninety days
of Board
approval.
B.
Stipulated Penalties,
Interest and Default
1.
If the Respondent
fails to make any
payment required
by this Stipulation
on
or
before the
date
upon which
the payment is due,
the Respondent
shall be in default
and the
remaining
unpaid
balance
of the penalty, plus any
accrued
interest,
shall be due and
owing
immediately.
In the event
of default, the Complainant
shall be
entitled to reasonable
costs
of
collection,
including reasonable
attorney’s fees.
2.
Pursuant to
Section 42(g)
of the Act, interest shall
accrue on any penalty
amount
owed by the Respondent
not paid within
the time prescribed
herein. Interest
on unpaid penalties
shall begin to accrue
from
the date such
are due and
continue to accrue to
the date full payment
is received.
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.
C.
Payment Procedures
All payments
required
by this Stipulation
shall be made
by
certified check
or
money
order
payable
to the Illinois EPA
for deposit into
the Environmental
Protection Trust Fund
(“EPTF”).
Payments shall
be sent
by
first class
mail and
delivered to:
8
Illinois
Environmental Protection Agency
Fiscal Services
1021 North Grand Avenue East
P.O. Box 19276
Springfield,
IL 62794-9276
The
name, case
number and the Respondent’s
federal
tax identification number shall appear
on
the face of the certified check
or money order. A copy of the certified
check
or
money
order
and
any transmittal letter
shall be sent to:
Environmental Bureau
;::A• COfi
500 South Second
Street
Springfield, Illinois 62706
D.
Future Compliance
1.
Tn addition to any other authorities, the
Illinois EPA, its employees and
representatives, and the Attorney General, her employees and
representatives, shall have the
right of entry into and upon the st
Respondent facility
which
is
the
subject of this
Stipulation,
at
all
reasonable times for the purposes of conducting inspections
and evaluating compliance
status.
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.
2.
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.
3.
The
Respondent shall cease and desist from future violations of the Act and Board
Regulations that were the subject matter of the Complaint.
9
E.
Supplemental Environmental
Project
1.
fri
order to promote the goals
of
the
Act to restore,
protect
and
enhance the
quality
of the environment,
the Respondent shall
perform the following
supplemental
environmental
project (“SEP
11
). The settlement
value
of the SEP is Twelve Thousand Dollars ($12,000.00)
and
will offset penalties
sought
by
the Complainant
and the Illinois EPA in this
matter. The
Parties
to the Stipulation agree that this SEP
shall consist of the following:
An upgrade of the water
disinfection
system for the City of Collinsville.
•
2.
The Respondent
shall pay the amóünt of Twelve Thousand Dollars ($12,000.00)
within
thirty (30) days after the date of
entry of this Stipulation to fund the
City
of
Collinsville
Disinfection Upgrade.
The upgrade system will consist of new disinfection equipment, including
piping
hookups, plumbing, and the disinfection
units. In
addition, it will require new MIOX
RIO
M2, a new dual water softener, and
a new 1,090-gallon mixed
oxidant storage tank. The
project
will complete as of the date
of the filing of this Stipulation. The payment shall
be
paid
by
certified check
or
money order
made
payable to The City of Collinsville. The
certified
check or
money order shall be
sent
by first class mail to:
Bob Frank, Director
Water
Department
125 South
Center Street
Collinsville, Illinois 62234
A copy of the check and the
transmittal
letter shall be sent to:
Environmental
Bureau
Illinois Attorney General’s Office
500 South Second Street
Springfield, Illinois 62706
3.
By signature on this Stipulation, the Respondent certifies
that,
as of the
date of
entry of
this Order, it is not required to perform or develop the foregoing SEP
by
any federal,
10
state
or local
law or regulation,
nor
is it required
to perform
or develop
the SEP by
agreement
or
injunctive
relief in any
other
case.
The Respondent
further certifies
that it has not
received,
and
is not presently
negotiating
to
receive credit
for, the SEP in
any
other enforcement
action.
4.
Any
public
statement,
oral or written,
in
print, film
or
other
media,
made by
the
Respondent making
reference
to
any SEP shall
include
the
following
language: “This project
was
undertaken
in connection
with
the
settlement
of
an enforcement
action taken by the
Illinois
Attorney
General
and the Illinois
EPA for alleged
violations
of the Illinois
Environmental
J
F.
Release from
Liability
In consideration
of the
Respondent’s payment
of the
$33,000.00
civil penalty,
its
commitment to cease
and desist
as contained in
Section V.D: above,
its performance
of the
SEP
as contained in Section
V.E. above,
completion
of all activities
required hereunder,
and upon
the
Board’s approval
of this
Stipulation,
the
Complainant
releases,
waives and discharges
the
Respondent from
any
further
liability
or
penalties
for the 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
on January
22, 2007. 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
11
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 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.
G.
Enforcement and
Modification of
Stipulation
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.
H.
Execution of Stipulation
The undersigned representatives
for each
Party to the Stipulation 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.
12
authorized
by the
party
whom
they
represent
to enter
into
the terms
and
conditions
of
this
Stipulation
and to
legally
bind
them to
it.
WHEREFORE,
the
Parties
to the
Stipulation
request
that the
Board
adopt
and
accept
the
foregoing
Stipulation
and Proposal
for Settlement
as
written.
PEOPLE
OF
THE
STATE
OF
ILLINOIS,
FOR
THE
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
LISA
MADIGAN
ALtoriey
(Jeefai
State
of
Illinois
DOUGLAS
P. SCOTT,
Director
Illinois
Environmental
Protection
Agency
MATTHEW
J.
DUNN,
Chief
Environmental
Enforcement!
Asbestos
Litigation
Division
BY:
BY:
THOMAS
DAVIS,
Chief
Environmental
Bureau
ief Legal
Counsel
Assistant
Attorney
General
DATE:
/
7/o
DATE:
CHIPPEWA
LOFT,
LLC
BY:
Name:______________________
Title:________________________
DATE:______________
13
WHEREFORE,
the
Parties
to the
Stipulation
request
that
the
Board
adopt
and
accept
the
foregoing
Stipulation and
Proposal
for
Settlement
as written.
PEOPLE
OF
THE
STATE
OF ILLINOIS,
FOR
THE
ILLINOIS
ENViRONMENTAL
PROTECTION
AGENCY
LISA
MADIGAN
Attorney
General
State
of
Illinois
DOUGLAS
P.
SCOTT,
Director
Illinois
Environmental
Protection
Agency
MATTHEW
J.
DUISJN,
Chief
Asbestos
Litigation
Division
BY:
BY:
THOMAS
DAVIS,
Chief
ROBERT
A.
MESSINA
Environmental Bureau
Chief
Legal
Counsel
Assistant
Attorney
General
DATE:________________
DATE:
WPEW
Name:
vjiv
,-241
(Please
print)
Title:
DATE:_____________________
14