G. Right of Entry
H. Correspondence, Reports and Other Documents
I. Modification of Stipulation
J. Enforcement of Board Order
RE VED CLERK’S OFFICE

BEFORE THE

 ILLL

PEOPLE OF THE STATE

OF

 ILL.

by LISA MADIGAN, Attorney

General of the State of Illinois

Complainant

DRAW DRAPE CLEANERS,

 INC., an

Illinois corporation, ANERICAN

DRAPERY

CLEANERS

FLAI’4EPROOFERS,

INC.,

Illinois

corporation,

and

RICHARD

ZELL,

Illinois

resident,

Respondents.

BOARD

RECE~VEO

CLERK’S OFFICE

No.

 PCB 03-51

MAR

212005

STATE

OF~

ILUF\~0~S

Pollution Comro~L~oard

(Enforcement

 Air)

TO:

 See Attached Service List

NOTICE OF FILING

PLEASE TAKE NOTICE that

 on the 2l~day of March,

 2005,

 I filed

with the Clerk of the Illinois Pollution Control Board a Stipulation

and Proposal for Settlement and a Motion to Request Relief From

Hearing Requirement,

 copies of which are attached hereto and are

hereby served upon you.

PEOPLE OF THE STATE OF ILLINOIS

LISA MADIGAN

Attorney General of

the

State o

 Illinois

~

By:

PAULA BECKER WHEELER

Assistant Attorney General

Environmental Bureau

188 West Randolph Street,

20th

Fl.

Chicago,

 IL 60601

312/814-1511

DATE:

 March 21,

2005

THIS FILING IS SUBMITTED ON RECYCLED PAPER

SERVICE LIST

Ms. Michele Rocawich

Weissberg and Associates,

 Ltd.

401 South LaSalle Street

Suite

403

Chicago,

Il.

60605

Mr.

 Bradley Halloran

Chief Hearing Officer

Illinois Pollution Control Board

100 West Randolph Street,

 11th Floor

Chicago,

 IL 60601

REC~VED

CLERK’S OFFICE

BEFORE THE

 CONTROL BOARD

MAR

2005

PEOPLE OF THE STATE OF~+

 I ±~S~

)

STATE OF

ILLINOIS

Pollution Control Board

Complainant,

PCB 03-51

v.

(Enforcement

 Air)

DRAW DRAPE CLEANERS,

 INC.,

an

Illinois corporation,

AMERICAN

DRAPERY CLEANERS &

FLAMEPROOFERS,

INC.,

 an Illinois corporation,

and RICHARD ZELL,

 an Illinois

resident,

Respondents.

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 DRAW DRAPE

CLEANERS,

 INC.,

 an Illinois corporation, AMERICAN DRAPERY

CLEANERS & FLANEPROOFERS,

 INC.,

 an Illinois corporation, and

RICHARD ZELL,

 an Illinois resident

 (“Respondents”), 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,

 Respondents agree to be bound by the Stipulation and

Board Order and 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.

1.11.

 STATEMENT OF FACTS

A.

 Parties

all

times

relevant

the

Complaint

and

amended

Complaint,

 Respondents Draw Drape Cleaners,

 Inc.

 (“Draw Drape”)

and American Drapery Cleaners and Flameproofers,

 Inc.

 (“ADC&FI”)

were Illinois corporations that were authorized to transact

business in the State of Illinois.

 At all times relevant to the

amended Complaint,

 Respondent Richard Zell was an Illinois

resident.

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)

3.

 On October

15,

 2002,

 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(2002),

 against Respondent Draw Drape.

4.

 On February 20,

 2003,

 the Board entered an Order

striking all of Respondent Draw Drape’s affirmative defenses.

5.

 On December 30, 2003,

 an amended 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(2002),

 against all of the Respondents.

6.

 On May 20,

 2004,

 the Board entered an Order striking

Respondents’

 affirmative defenses.

B.

 Site Description

1.

 At all times relevant to the Complaint,

 Respondents

owned and operated a petroleum solvent dry cleaning facility

located at 2235-2239 West Roscoe,

 Chicago,. Cook County,

 Illinois

(“facility”)

2.

 Respondents installed Dryer #1

 at its facility in 1980

and continue to operate Dryer #1.

 Dryer #1

 is a petroleum

solvent dryer,

but

 it is not a solvent recovery dryer.

 Dryer #1

lacks a cartridge filter.

3.

 Respondents installed Dryer #2 at the facility in 1996

and continue to operate Dryer #2, albeit only for “fluffing”.

Dryer #2

 is a petroleum solvent dryer, but

it

 is not a solvent

recovery dryer.

 Dryer #2 lacks a cartridge filter.

4.

 Respondents installed Dryer #3 in 2004.

 Dryer #3

 is a

petroleum solvent dryer,

 and it is also a solvent recovery dryer.

Dryer #3 has a cartridge filter.

5.

 Dryers #1 and #3 currently emit volatile organic

material

 (“VOM”)

 to the environment.

 Dryer #2 previously emitted

VON into the environment.

C.

 Allegations

 of Non-Compliance

Complainant contends that Respondents have violated the

following provisions of the Act and Board regulations:

Count

I:

 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

regulations,

35

 Ill.

 Adm.

 Code 201.141.

Count

II:

 Failure to follow Board requirements for

petroleum solvent dry cleaners in

violation of 35

 Ill. Adm.

 Code 218.607,

35 Ill.

 Adm.

 Code 218.607, and Section

9(a)

 of the Act,

 415 ILCS 5/9(a)

 (2002).

Count III:

 Failure

 to follow Board requirements for

testing and monitoring petroleum solvent

dry cleaners

 in violation of Section

218.610 of the Board’s regulations,

35

Ill. Adm.

 Code 218.610, and Section

 9(a)

of the Act,

 415 ILCS 5/9(a)

 (2002).

Count IV:

 Construction of an emissions source

without a permit in violation of Section

9(b)

 of the Act,

 415 ILCS 5/9(b)

 (2002),

and Section 201.142 of the Board’s

regulations,

 35 Iii. Adm.

 Code 201.142.

Count V:

 Operation of an emissions source without

a permit in violation of Section 9(b)

of

the Act,

 415 ILCS 5/9(b)

 (2002),

and

Section 201.143 of the Board’s

regulations,

35

 Iii. Adm.

 Code 201.143.

Count VI:

 Failure to follow Condition #5 of its

Federally Enforceable State Operating

Permit

 (FESOP)

 mandating compliance with

Board regulations for petroleum solvent

dry cleaners in

 violation of Section

9(b)

 of the Act,

 415 ILCS 5/9(b)

 (2002).

Applies

 to Draw Drape Cleaners,

 Inc.

only.

Count VII:

 Installation of a non solvent recovery

dryer and lack of a cartridge filter for

Dryer #2 in violation of Section 60.622

of Title 40 of the Code of Federal

Regulations,

 40 CFR 60.622,, and Section

9.1(d)

 of the Act,

 415 ILCS 5/9.1(d)

(2002)

Count VIII:

 Failure to perform an initial flow rate

test for Dryer #2 in violation of

Section 60.624 of Title 40 of the Code

of Federal Regulations 40 CFR 60.624 and

Section 9.1(d) of the Act,

 415 ILCS

5/9.1(d)

 (2002).

D.

 Admission

 of Violations

1.

 The Respondents neither admit nor deny

the

violations

alleged in the Complaint filed in this matter and referenced

herein.

2.

 On August

21,

 2003,

 the Board entered an Order granting

Complainant partial summary judgment against Respondent Draw

Drape on Counts

IV,

V,

 VII, and VIII.

3.

 On August

19,

 2004,

 after adding Respondents ADC&FI and

Zell to the Amended Complaint,

 the Board entered an Order

granting Complainant partial summary judgment against Respondents

ADC&FI and Zell on Counts

IV,

V,

 VII,

 and VIII.

E.

 Compliance Activities

 to Date

1.

 Respondents have installed Dryer #3

 at the facility

which is a solvent recovery dryer.

2.

 Dryer #2

 is now solely used for “fluffing” drapes which

does not release VOM into the environment.

IV.

 APPLICABILITY

This Stipulation shall apply to and be binding upon the

Complainant and Respondents,

 and any officer, director,

 agent,

or

employee of Respondents,

 as well as any successors or assigns of

Respondents.

 Respondents 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.

1.

 No change

 in ownership,

 corporate status or operator of the

facility shall

 in any way alter the responsibilities of

Respondents under this Stipulation and Proposal for Settlement.

In the event of any conveyance of title,

 easement or other

interest in the facility,

 Respondents shall continue to be bound

by and remain liable for performance of all obligations under

this Stipulation.

2.

 In the event that the Respondents propose to sell or

transfer any real property or operations subject to any Order

accepting and adopting the terms of this Stipulation and Proposal

for Settlement,

 Respondents

 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.

 Respondents 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

Respondents from compliance with any regulatory requirement

regarding notice and transfer of applicable facility permits.

3.

 Respondents shall notify each contractor to be retained to

perform work required by any Order accepting and adopting the

terms 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

Respondents 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 AND REGULATIONS

This Stipulation in no way affects the responsibilities of

Respondents 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)

the

Act,

415

ILCS

5/33

 (c) (2002)

provides

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 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.

 Complainant alleges that the environment was threatened

and the Illinois EPA’s information gathering responsibilities

were hindered by the Respondents’ violations.

2.

 There is social and economic benefit to the facility.

3.

 Operation of the site was suitable for the area in

which it occurred.

4.

 Compliance with the Act,

 the Board’s regulations,

the

Code of Federal Regulations, and the terms of Respondents’

 FESOP

was both technically practicable and economically reasonable.

5.

 Respondents have subsequently complied with the Act,

the Board’s regulations,

 the Code of Federal Regulations, and the

terms of Respondents’

 FESOP.

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:

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.

 Respondents emitted VOM into the environment for a

period of several years

 in violation of the Act, Board

regulations,

 federal regulations,

 and Respondents’

 FESOP.

The

violations began in 1996,

 and were resolved once Respondents

began to use Dryer #2 only for “fluffing”

 and once Respondents

installed Dryer #3.

2.

 Respondents were diligent in attempting to come back

into compliance with the Act,

 the Board regulations,

 the Code of

Federal Regulations,

 and their FESOP,

 once the Illinois EPA

notified Respondents of their noncompliance.

3.

 Respondents achieved an economic benefit by failing to

install a solvent recovery dryer until 2003.

 Complainant believes

that the economic benefit

 of such delay is abated by the $7,500

penalty provided for herein.

4.

 Complainant has determined,

 based upon the specific

facts of this matter,

 that a penalty of seven thousand five-

hundred dollars

 ($7,500.00)

 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.

 Respondents

 shall pay a

civil

penalty

the

sum

seven thousand five-hundred dollars.

 Respondents shall pay five

thousand dollars

 ($5,000.00) within thirty

 (30)

 days from the

date the Board adopts and accepts this Stipulation.

 Respondents

shall then pay two thousand five hundred dollars

 ($2,500.00)

within ninety

 (90)

 days from the date the Board adopts and

accepts this Stipulation.

 Respondents stipulate that payment

will be tendered to Respondents’

 attorney of record in this

matter in a form acceptable to that attorney.

 Further,

Respondents stipulate that said attorney has been directed to

make the penalty payment on behalf of Respondents,

 $5,000 within

30 days and $2,500 within 90 days from the date the Board adopts

and accepts this Stipulation,

 in a manner prescribed below.

The

penalty described in this Stipulation shall be paid by certified

checks,

 money orders or electronic funds transfers payable to the

Illinois EPA,

 designated to the Illinois Environmental Protection

Trust Fund.

 Certified checks or money orders shall be submitted

to:

Illinois Environmental Protection Agency

Fiscal Services Section

1021 North Grand Avenue East

P.O.

Box

19276

Springfield,

 IL 62794-9276

The name and number of the case and Respondent Draw Drape’s

Federal Employer Identification Number

 (FEIN),

 36-2421949,

 shall

appear on the checks.

 If submitting an electronic funds transfer

to the Illinois EPA,

 the electronic funds transfer shall be made

in accordance with specific instructions to be timely provided to

Defendant prior to the date of the entry of the Consent

 Order.

A

copy of the certified checks,

 money orders or record of

electronic funds transfers and any transmittal letters

 shall be

sent to:

Joel

J.

 Sternstein

Assistant Attorney General

Environmental Bureau

188 W. Randolph St.,

20th

 Floor

Chicago,

 Illinois 60601

and

Maureen Wozniak

Assistant Counsel

Illinois Environmental Protection Agency

1021 North Grand Avenue East

P.O.

Box

19276

Springfield,

 Illinois 62794-9276

2.

 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 payment

 is received.

 When partial payment(s)

 are 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, designatedto the Illinois

Environmental Protection Trust Fund and delivered to the address

and in the manner described above.

3.

 For purposes of payment and collection,

 Respondents’

attorney may be reached at the following address:

Michele Rocawich

Weissberg & Associates,

 Ltd.

401 S. LaSalle Street,

 Suite 403

Chicago,

IL

60605

4.

 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.

 Compliance Plan

1.

 Effective immediately,

 Respondents shall never again

use Dryer #2 for any purpose that results in the emission of VON

into the environment.

2.

 Effective immediately,

 Respondents shall operate Dryers

#1 and #3 in accordance with the Act,

 Board regulations,

 federal

regulations, and Respondents’

 FESOP.

3.

 Effective immediately,

 with respect to Dryers #1 and

#3, Respondents shall keep complete and accurate records on site,

available for inspection on site, which document:

i.

 VOM emissions,

ii.

 inspections,

iii. operating practices,

iv.

 leaks and repair of leaks,

v.

 testing,

vi.

 monitoring,

and

vii. any other items required to be documented by the

Act, Board regulations,

 federal regulations,

 a.nd/or Respondents’

FESOP.

C.

 Stipulated Penalties

1.

 If Respondents fail to complete any activity or fails

to comply with any response or reporting requirement by the date

specified in Section VIII.B

 (“Compliance Plan”)

 of this

Stipulation, Respondents shall provide notice to the Complainant

of each failure to comply with this Stipulation.

 In addition,

Respondents shall pay to the Complainant,

 for payment into the

EPTF,

 stipulated penalties per violation for each day of

violation in the amount of one-hundred dollars

 ($100.00)

 until

such time that compliance is achieved.

2.

 Following the Complainant’s determination that

Respondents have failed to complete performance of any task or

other portion of work,

 failed,to provide a required submittal,

including any report or notification,

 Complainant may make a

demand for stipulated penalties upon Respondents for their

noncompliance with this Stipulation.

 Failure by Respondents to

make this demand shall not relieve Respondents of the obligation

to pay stipulated penalties.

3.

 All penalties owed the Complainant under this section

of this Stipulation that have not been paid shall be payable

within thirty

 (30)

 days of the date Respondents know or should

have known of its noncompliance with any provision of this

Stipulation.

4.

a.

 All stipulated penalties

 shall be paid by

certified check, money order or electronic funds transfer,

payable

 to the Illinois EPA for deposit into the EPTF and shall

be

 sent, by first class mail,

 unless submitted by electronic funds

transfer,

 and delivered to:

Illinois Environmental Protection Agency

Fiscal Services

1021 North Grand Avenue East

P.O.

Box

19276

Springfield,

 Illinois 62794-9276

If the payment

 of stipulated penalties

 is being submitted by

electronic funds transfer,

 such transfer shall be done as

previously stated in Section VIII.A.1 above.

b.

 The name and number of the case and the

Respondents’

 FEINs shall appear on the face of the check.

 A copy

of the certified check,

 money order or record of electronic

 funds

transfer and any transmittal letter shall be sent to:

Joel

J.

 Sternstein

Assistant Attorney General

 (or other designee)

 Environmental Bureau

188 W. Randolph St.,

20th

 Floor

Chicago,

 Illinois 60601

5.

 The stipulated penalties shall

 be enforceable by

Respondents and shall be in addition to, and shall not preclude

the use of, any other remedies or sanctions arising from the

failure to comply with this Stipulation.

D.

 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.F,

 below, Respondents

hereby agree that this Stipulation may be used against

Respondents

 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 Section 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, Respondents agree

to waive any rights to contest,

 in any subsequent enforcement

action or permit proceeding, any allegations that these alleged

violations were adjudicated.

E.

 Cease and Desist

Respondents 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.

F.

 Release from Liability

In consideration of Respondents’ payment of the $7,500.00

penalty and any specified costs and accrued interest,

 completion

of all activities required hereunder,

 to Cease and Desist as

contained in Section VIII.E and upon the Pollution Control

Board’s acceptance and approval of the terms of this Stipulation

and Proposal for Settlement,

 the Complainant releases,

 waives and

discharges Respondents 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 on October

15,

2002

and Complainant’s amended Complaint filed on December 30,

 2003.

The Complainant reserves,

 and this Stipulation is without

prejudice to,

 all rights of the State of Illinois against

Respondents 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 Respondents’

 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

Respondents.

G.

 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 Respondents’

 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.

H.

 Correspondence, Reports and Other Documents

Any and all correspondence,

 reports and any other documents

required under this Stipulation, ‘except for payments pursuant to

Sections VIII.A

 (“Penalty Payment”)

 and C

 (“Stipulated

Penalties”)

 of this Stipulation shall be submitted as follows:

As to the Complainant

Joel

J.

 Sternstein

Assistant Attorney General

 (or other designee)

Environmental Bureau

188 W. Randolph St.,

~

 Floor

Chicago,

 Illinois 60601

and

Maureen Wozniak

1021 North Grand Avenue East

P.O.

Box

19276

Springfield,

 Illinois 62794-9276

As to the Respondents

Miche~eRocawich

Weissberg & Associates,

 Ltd.

401

S.

 LaSalle Street,

 Suite 403

Chicago,

IL

60605

I.

 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.H.

Any such request

 shall be made by separate document,

 and shall

not be submitted 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 Illinois Pollution Control

21

Board seeking a modification of the prior order approving and

accepting the Stipulation to approve and accept

 the. Stipulation

as amended.

J.

 Enforcement of Board Order

1.

 Upon the entry

 of the Board’s Order approving and

accepting this Stipulation and Proposal for Settlement,

 that

Order is a binding and enforceable order of the Illinois

Pollution Control Board and may be enforced as such through any

and all available means.

2.

 Respondents agree that notice of any subsequent

proceeding to enforce the Board Order approving and accepting

this Stipulation and Proposal for Settlement 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 and Proposal for Settlement,

 then

neither party

 is bound by the terms herein.

4.

It

 is the intent of the Complainant and Respondents

that the provisions of this Stipulation and Proposal for

Settlement 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 Respondents request that the

Board adopt and accept the foregoing Stipulation and Proposal for

DATE:

3/f(~

Environmental Enforcement/

Asbestos Litigation Division

ILLINOIS ENVIRONMENTAL PROTECTION

AGENCY

Settlement as written.

PEOPLE OF THE STATE OF ILLINOIS,

LISA

MADIGAN

Attorney General

State

 of Illinois

MATTHEW

 DUNN,

Chief

BY:

WILLIAM D.

 INGERSO

Acting Chief Legal Counsel

DRAW DRAPE CLEANERS,

 INC.

BY:

44~

RICHARD

~ELL

President

DATE:

DATE:

7~~z,~c,e(/

~,-~o?_-

~..

BY:

Assistant Attorney Gener

AMERICAN

DRAPERY

CLEANERS

AND

FLANEPROOFERS,

INC.

:

/4~J

177

(Af~

DATE:

/ ‘4~ ~

RICHAR

ELL

President

RICHARD

BY:

/1~~

0c’

G: \Environmental Enforcement\JOEL\Case Documents\Draw Drape\Stipulation Final .doc

/2~

DATE:

VED

CLERK’S OFFICE

H ~

I

MAR

212005

Lii

 ~‘~J~VICE

STATE OF ILLINOIS

\111

Pollution Control Board

PAULA

BECKER

WHEEL~ ,~n

~ss1~t~~Attorney

general

this

case,

certify

that

caused

served

this

21st

day

March,

2005,

 the foregoing Stipulation and Proposal for Settlement, Motion to

Request

Relief

From

Hearing

Requirement

and

Notice

Filing

upon

the

persons listed

 o.n said Notice by depositing same in an envelope,

 first

class

p.ostage

prepaid,

with

the

United

States

Postal

Service

188

West

Randolph

Street,

Chicago,

Illinois,

before

the

hour

5:00

p.m.

PAU

BECKER

WHEELER