ECEVED
    OFFICE
    OF
    THE
    ATTORNEY
    GENERAL
    CLERK’S
    OFFICE
    STATE
    OF
    ILLINOIS
    i!
    12
    2OO
    Lisa
    Madigan
    STATE
    OF
    ILUNO1S
    ATTORNEY
    GENERAL
    oIlutlon
    Control
    Board
    November
    6,
    2009
    John
    T.
    Therriault,
    Assistant
    Clerk
    Illinois
    Pollution
    Control
    Board
    James
    R.
    Thompson
    Center,
    Ste.
    11-500
    100
    West
    Randolph
    Chicago,
    Illinois
    60601
    Re:
    People
    v.
    James
    Buysee
    PCB
    No.
    09-31
    Dear
    Clerk:
    Enclosed
    for
    filing
    please
    find
    the
    original
    and
    ten
    copies
    of
    a Notice
    of
    Filing,
    Motion
    for
    Relief
    from
    Hearing
    Requirement
    and
    Stipulation
    and
    Proposal
    for
    Settlement
    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,
    Christine
    Zeivel
    Environmental Bureau
    500
    South
    Second
    Street
    Springfield,
    Illinois
    62706
    (217)
    782-9031
    CZ/pjk
    Enclosures
    500 South
    Second
    Street,
    Springfield,
    Illinois
    62706
    (217) 782-1090
    T’T’Y:
    (877)
    844-5461
    • Fax:
    (217)
    782-7046
    100
    West
    Randolph
    Street,
    Chicago,
    Illinois
    60601
    (312)
    814-3000
    e
    TT’Y: (800)
    964-3013
    Fax:
    (312)
    814-3806

    BEFORE
    THE ILLINOIS
    POLLUTION
    CONTROL BOARD
    PEOPLE OF THE STATE OF
    ILLINOIS,
    )
    Complainant,
    vs.
    )
    PCB No. 09-31
    (Enforcement
    - Water)
    Respondent.
    JAMES BUYSEE,
    )
    dibla J & B
    Landscaping,
    NOTICE OF FILING
    1e
    To:
    James D. Buysee
    J & B
    Landscaping
    L
    31 Shaffer Drive
    P.O. Box 398
    Coal Valley, IL 61240
    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 MOTION FOR RELIEF FROM HEARING
    REQUIREMENT
    and
    STIPULATION AND PROPOSAL FOR SETTLEMENT, 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
    MATTHEWJ. DUNN, Chief
    Environmental Enforcement/Asbestos
    Litigation Division
    BY:
    CHRISTINE ZEI EL
    Assistant Attorney General
    Environmental
    Bureau
    500
    South
    Second Street
    Springfield,
    Illinois 62706
    217/782-9031
    Dated:
    November
    6,
    2009

    CERTIFICATE
    OF
    SERVICE
    I hereby
    certify that
    I did
    on
    November
    6,
    2009,
    send by
    First
    Class Mail,
    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,
    MOTION
    FOR RELIEF
    FROM
    HEARING
    REQUIREMENT
    and
    STIPULATION
    AND PROPOSAL
    FOR
    SETTLEMENT:
    To:
    James
    D.
    Buysee
    J &
    B Landscaping
    31
    Shaffer
    Drive
    P.O. Box 398
    Coal Valley,
    IL 61240
    and the
    original and
    ten
    copies
    by
    First
    Class
    Mail with
    postage
    thereon
    fully prepaid
    of the
    same
    foregoing
    instrument(s):
    To:
    John T.
    Therrault,
    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
    CHRISTINE
    ZEIVEL
    Assistant
    Attorney
    General
    This
    filing is submitted
    on
    recycled paper.

    BEFORE
    THE
    ILIJNOIS
    POLLUTION
    CONTROL
    BOARD
    PEOPLE OF
    THE STATE
    OF
    ILLINOIS,
    Compainant,
    vs.
    )
    PCB No.
    09-31
    )
    (Enforcement
    - Water)
    ‘o’s
    Respondent.
    )
    JAMESBUYSEE,
    )
    dibla
    J &
    B Landscaprng,
    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 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 5!31(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) of the
    Act, 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:_______________
    CHRISTINE ZEIVEL
    Environmental Bureau
    Assistant
    Attorney General
    500
    South Second
    Street
    Springfield, Illinois 62706
    217/782-9031
    Dated: November 6,
    2009
    2

    BEFORE
    THE
    ILLINOIS
    POLLUTION
    CONTROL
    BOARD
    PEOPLE
    OF
    THE
    STATE
    OF
    ILLINOIS,
    )
    )
    Complainant,
    )
    v.
    )
    PCB
    NO.
    O-OØ
    )
    (Water-En?
    JAMES
    BUYSEE,
    )
    d/bla
    J
    & B
    LANDSCAPING,
    )
    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 James
    Buysee
    (“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 the
    Stipulation
    that it be
    a
    final
    adjudication
    of
    this
    matter.
    I. STATEMENT
    OF
    FACTS
    A.
    Parties
    1.
    On
    November
    12,
    2008, a Complaint
    was
    filed on
    behalf of the
    People
    of the
    1

    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 JLCS 5/3
    1
    (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 a landscape contractor
    doing
    business as J & B Landscaping (“J
    &
    B”) in Illinois. At all times relevant to the
    Complaint, Respondent was located
    at
    Route
    6
    and Niabi Road approximately two miles
    north of
    Coal Valley,
    Rock
    Island County, Illinois (“site”).
    4.
    On October 5, 2006, the Illinois
    EPA conducted an inspection of the
    Respondent’s
    site
    and
    observed
    a
    green, dried hydroseed mixture that had been dumped on the bank
    of
    Shaffer
    Creek, a tributary to the Rock
    River.
    A
    trail of the green mixture flowing to the creek was
    noted.
    5.
    When the Respondent completed a
    landscaping
    job,
    he dumped the hydroseed
    mixture
    on
    the
    bank and into Shaffer Creek.
    6.
    A sample of the green dried
    material
    was
    collected and analysis showed the
    presence of the
    pesticide
    dichioro-diphenyl-trichioroethane (“DDT”) at 17 parts per billion
    (“ppb”)
    or micrograms/kilogram
    (“ug/Kg”),
    the
    DDT derivative; dichloro-diphenyl
    dichioroethylene
    (“DDE”)
    at
    16
    ppb,
    and
    aroclor-1248 at 320 ppb.
    B.
    Allegations of Non-Compliance
    Complainant
    contends that the Respondent has violated the
    following provisions of
    the
    Act
    and Board
    regulations:
    2

    Count I:
    Water Pollution
    By causing or allowing
    the discharge
    of the hydroseed
    mixture into Shaffer
    Creek,
    the Respondent violated Section
    12(a) of the Act,
    415 ILCS 5/12(a)
    (2006).
    By
    dumping
    the hydroseed
    mixture on the bank of Shaffer
    Creek,
    the Respondent
    violated
    Section 12(d) of the
    Act,
    415
    ILCS 5/12(d) (2006).
    Count II:
    Open Dumping
    Violations
    By
    causing or
    allowing
    open dumping of leftover
    hydrosed
    mixture
    at
    its
    site, the Respondent has violated
    Section 2 1(a)
    of the Act, 413 1LCS .,/zi(a)
    (006).
    By disposing of leftover
    hydroseed mixture at his site, the
    Respondent violated
    Section 21(e) of the Act, 415 ILCS
    5/21(e) (2006).
    By spilling hydroseed mixture onto the bank and into
    Shaffer Creek, the Respondent violated Section
    21
    (p)(
    4)
    of
    the Act, 415 ILCS 5/21(p)(4) (2006).
    Count III:
    Water Quality Violations
    By discharging bright green colored hydroseed onto
    the
    land
    and into the waters of the State,
    the Respondent violated
    Section
    302.203 of the
    Board’s Water Pollution Regulations,
    35
    Iii. Adm.
    Code 3 02.203.
    C.
    Admission of Violations
    The Respondent
    admits
    to the violations alleged in the Complaint filed in this matter and
    referenced within Section
    I.B.
    herein.
    D.
    Compliance Activities to Date
    The Respondent
    instituted
    a
    company policy to clean out its hydroseed equipment upon
    completion
    of all landscaping work at each job site. In addition, all
    leftover
    hydroseed
    mixture
    is
    3

    now being applied to the finished landscaped
    area rather
    than
    disposing of it
    at the
    Respondent’s
    site.
    II, APPLICABILITY
    This Stipulation shall apply
    to
    and
    be binding upon the
    Parties to the Stipulation,
    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.
    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.
    the
    technical
    practicability and economic reasonableness
    of
    reducing
    or
    4

    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
    and the environment
    were threatened
    by the
    Respondent’s
    violations.
    2.
    There
    is
    social
    and economic
    benefit
    to Respondent’s
    business.
    3.
    Operation
    of
    Respondent’s
    business
    is suitable
    for
    the
    area
    in
    which
    the
    discharges
    occurred.
    4.
    Compliance
    with the
    Act and
    Board regulations
    is
    both
    technically
    practicable
    and
    economically
    reasonable.
    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;
    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
    5

    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:
    I.
    The
    violations
    were first
    brought the
    attention
    of
    the Illinois
    EPA
    on October
    4,
    2006. The
    Respondent’s
    method
    of
    disposal
    of leftover
    hydroseed
    mixture was
    ongoing
    for
    over
    six
    years.
    The
    violations
    were resolved
    in the spring
    of
    2007.
    2.
    Respondent
    was diligent
    in attempting
    to
    come
    back into
    compliance
    with the
    Act, Board
    regulations
    and
    applicable
    federal
    regulations,
    once
    the Illinois
    EPA notified
    him
    of
    his noncompliance.
    3.
    The Respondent
    avoided
    daily,
    weekly,
    monthly
    and
    yearly
    costs associated
    primarily
    with
    the
    extra
    labor
    expense
    of properly
    disposing
    of
    the contaminants
    in
    the correct
    manner.
    Utilizing
    the United
    States Environmental
    Protection
    Agency’s
    BEN
    model,
    the
    Respondent
    obtained
    a
    $10,495.00
    economic
    benefit
    from the
    noncompliance
    in this matter.
    4.
    Complainant
    has
    determined,
    based
    upon the
    specific
    facts
    of
    this
    matter, that
    a
    penalty
    of fourteen
    thousand
    and three
    hundred
    dollars
    ($14,300.00)
    will
    serve
    to
    deter further
    violations
    and
    aid
    in
    future
    voluntary
    compliance
    with
    the
    Act
    and
    Board
    regulations.
    6

    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.
    V.
    TERMS
    OF
    SETTLEMENT
    A.
    Penalty
    Payment
    1.
    The Respondent
    shall
    pay
    a civii
    penalty in the sum
    of foUrteen thousand
    and
    three
    hundred
    dollars
    ($
    14,300.00).
    The Respondent
    shall make three
    payments according
    to the
    following
    payment
    schedule:
    Payment
    Number
    1:
    $4,800
    within thirty
    (30) days
    of Board approval.
    Payment
    Number 2:
    $4,800
    within
    one
    hundred and ninety
    (190) days of Board
    approval.
    Payment
    Number 3:
    $4,700
    within
    three
    hundred and sixty
    (360)
    days of Board
    approval.
    B.
    Default
    and
    Interest
    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
    7

    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:
    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
    Illinois
    Attorney
    General’s
    Office
    500
    South
    Second
    Street
    Springfield,
    Illinois
    62706
    D.
    Future
    Compliance
    1.
    In
    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 Respondent’s
    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
    8

    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.
    E.
    Release
    from Liability
    In
    consideration
    of the
    Respondent’s payment
    of
    the
    $
    14,300.00
    penalty, its commitment
    to
    cease and desist as
    contained in Section
    V.D. 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
    November
    12, 2008.
    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.
    9

    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
    3.3 15 of
    the Act, 415 ILCS 5/3.315,
    or
    entity
    other than the Respondent.
    F.
    Enforcement
    and Modification
    of Stipulation
    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.
    G.
    Execution of Stipulation
    The
    undersigned representatives
    for
    the Parties 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.
    10

    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,
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY
    LISA
    MADIGAN
    Attorney
    General
    State of Illinois
    DOUGLAS P. SCOTT, Director
    Illinois
    Environmental Protection Agency
    MATTHEW J. DUNN, Chief
    Environmental Enforcement!
    Asbestos
    Litigation Division
    7
    ;;/
    BY:
    BY:
    /
    f9-EZ
    —)
    THOMAS DAVIS,
    Chief
    J. KIM
    Environmental
    Bureau
    Chief Legal Counsel
    Assistant
    Attorney General
    DATE:
    ///o
    (/
    7
    DATE:
    BY:
    _9A:z
    DATE:______________
    11

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