ORIGINAL
RECE!VED
OFFICE OF THE ATTORNEY
GENERAL
CLERK’S OFFICE
S’f’A’L’E
OF’
fLLINOIS
NOV
01
2005
Lisa Madigan
STATE OF ILLINOIS
vIn)RNI:v
(;I’~NERAI,
Pollution Control Board
October 27, 2005
The Honorable
Dorothy Gunn
Illinois
Pollution Control
Board
James R.
Thompson
Center,
Ste.
11-500
100 West Randolph
Chicago,
Illinois 60601
Re:
People
v.
James Zeller,
et at
PCB No.
05-99
Dear Clerk Gunn:
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 of the documents to our office in the enclosed self-addressed, stamped envelope.
Thank you for your
cooperation and consideration.
R
ymond
Callery
Environmental
Bureau
500
South Second Street
Springfield,
Illinois
62706
(217)
782-9031
RC/pp
Enclosures
500 South
Second Street,
Springfield, Illinois
62706
•
(217)
782—1090
•
‘II’\~(217) 785—2771
•
Fax: (217)
782—7046
TOO
West
Randr,lpli
Street, Chicago, Illinois
606(11
•
(312) 814—3000•’I’I’Y
(312) 814—3374
•
Fax:
(312)
814—3806
1001
East
Main.
Carhondale, Illinois
629W
•
(618) 529—6400
•
‘l’l’\~(618) 529—6403
•
Fax:
(618) 529—6416
BEFORE THE
ILLINOIS POLLUTION
CONTROL BOARD
PEOPLE OF THE STATE OF
ILLINOIS,
)
Qf~
I
C
I!\!
A
RECEIVED
Complainant,
)
~ OH \I
R
L
CLERK’S OFFICE
VS~
)
PCB No.
05-99
NOV
012005
(Enforcement)
STATE OF ILLINOIS
JAMES
ZELLER,
THOMAS ZELLER,
)
Pollution Control
Board
and
MATTHEW SHORT,
Respondents.
NOTICE
OF FILING
To:
JAMES ZELLER
THOMAS ZELLER
do Stephen
R.
Green
c/a Brian
D.
Lewis
400
N.
Market St.
411
V2 N.
Court St.
Marion, IL 62959
Marion, IL 62959
MATTHEW SHORT
do Randy
Patchett
104W.
Calvert
P.O. Box 1176
Marion, IL 62959
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
MATTHEW J.
DUNN, Chief
~
RAYMOND CALLERY
Assistant Attorney General
Environmental Bureau
500
South Second
Street
Springfield, Illinois 62706
217/782-9031
Dated: October 27, 2005
1
RECEIVED
ORIGINAL
CLERKSOFRCE
CERTIFICATE OF SERVICE
STATE OF ILLINOIS
I
hereby certify that
I
did
on
October 27, 2005,
send
by First
Class Mair~i
~~9R~W0I
Board
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 PROPOSALFORSETTLEMENT:
To:
JAMES ZELLER
THOMAS ZELLER
do Stephen R. Green
c/a Brian D. Lewis
400 N. Market St.
411
1/2
N. Court St.
Marion,
IL 62959
Marion,
IL 62959
MATTHEW SHORT
c/o
Randy Patchett
104W.
Calved
P.O. Box 1176
Marion, IL62959
and the original and ten copies by First Class Mail with postage thereon fully
prepaid
of the
sameforegoing instrument(s):
To:
Dorothy Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
Suite 11-500
100West 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
YMOND CALLERY
Assistant Attorney General
This filing is submitted on
recycled paper.
flfl
C’
NIAI
RECEIVED
UN
U
I\IML
CLERK’SOFFICE
BEFORE THE ILLINOIS POLLUTION
CONTROL
BOARD
NOV
01
2005
PEOPLE OF THE STATE OF
)
P~Hu~on
Contr~
Board
ILLINOIS,
Complainant,
)
)
vs.
)
PCB No. 05-99
(Enforcement)
JAMES ZELLER,
THOMAS ZELLER,
and MATTHEW SHORT,
)
Respondents.
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 5/31(c)(2)
(2004), 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 5/31(c)(1)
(2004).
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)
(2004).
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) (2004).
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN
ATTORNEY GENERAL
MATTHEW
J.
DUNN, Chief
Environmental
Enforcement/Asbestos
BY:
(IL—
RAYMOND
CALL
RY
Environmental Bureau
AssistantAttorney General
500 South Second Street
Springfield,
Illinois
62706
217/782-9031
Dated: October 27, 2005
2
ORIGINAl
RECEIVED
flt L
CLERK’S OFFICE
NOV
012005
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
STATE OF ILLINOIS
PEOPLE
OF
THE
STATE
OF
ILLINOIS,
)
Pollution Control Board
Complainant,
PCB
05-99
v.
(Enforcement
-
Air)
JAMES
ZELLER,
THOMAS
ZELLER,
and
MATTHEW SHORT,
Respondents.
STIPULATION MD
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
Respondents,
JAMES ZELLER,
THOMAS ZELLER,
and MATTHEW SHORT,
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
I
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.
III.
STATEMENT OF FACTS
A.
Parties
1.
On November 29,
2004,
a Complaint was filed on behalf of
the People of the State of Illinois by Lisa Madigan, Attorney
2
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 the Respondents.
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.
At all times relevant to the Complaint, Respondent,
JAMES
ZELLER, was the owner of a parcel of property located at 408
South Court Street in Marion, Williamson County,
Illinois.
4.
At all times relevant to the Complaint, Respondent,
THOMAS ZELLER, was a contractor doing business as
“TZ Builders.”
5.
At all times relevant to the Complaint,
Respondent,
MATTHEW SHORT, was a contractor doing business as “Short Brothers
Excavating and Trucking.”
B.
Site Description
1.
On or about March
31,
2003,
JAMES ZELLER sold to MATTHEW
SHORT a building located at 408 South Court Street in Marion,
Williamson County,
Illinois
(“site”)
for the express purpose
of
being demolished and removed from the property.
The document
signed by both parties also states as follows:
“Buyer is aware of
abestos siding and that
is
sic
has to be handled with legal
disposal.”
3
2.
On or before April
2,
2003,
MATTHEW SHORT employed heavy
equipment to demolish the building and to remove the siding from
the building.
In response to a citizen complaint on that date,
the Illinois EPA visited the site and photographed the building.
On April
8,
2003,
the Illinois EPA attempted to contact JAMES
ZELLER and MATTHEW SHORT.
3.
On a date better known to the Respondents, MATTHEW SHORT,
ceased demolition activities.
On a date better known to the
Respondents,
THOMAS ZELLER resumed demolition activities,
employing heavy equipment to demolish the buidling and to remove
the siding from the building.
4.
On October
30,
2003,
the Illinois EPA returned to the
site in response to another citizen complaint.
All of the siding
had been removed from the bulding with only the structural steel
beams remaining intact;
a second,
smaller building had been
completely demolished.
The Illinois EPA observed demolition
debris remaining at the site including transite panels and broken
pieces thereof.
Samples were collected of the debris and the
subsequent analyses confirmed that the transite pieces contained
asbestos ranging from 18
to 21.
The Illinois EPA attempted to
contact JAMES ZELLER again.
5.
On November 3,
2003, the Illinois EPA returned to the
site to further its investigation.
The Illinois EPA observed
4
that the transite panels had been crushed and most of the debris
had been loaded into an open roll off box.
C.
Allegations of Non-Compliance
Complainant contends that the Respondents have violated the
following provisions of the Act and Board regulations:
Count
I:
Respondents,
JAMES ZELLER,
THOMAS ZELLER, and
MATTHEW SHORT,did not provide written
notification to the Illinois EPA prior to the
demolition of the facility,
in violation of 40
CFR §61.145(b) (2)and Section 9.1(d) (1)
of the
Act,
415 ILCS 5/9.1(d) (1) (2002).
Count II:
Respondents, MATTHEW SHORT and THOMAS
ZELLER,failed to remove the transite prior to the
dmolition,
in violation of 40 CFR
§61.145(c) (l)and Section 9.1(d)
of the Act,
415
ILCS 5/9.1(d) (2002).
D.
Admission of Violations
The Respondents admit to the violation(s)
alleged
in the
Complaint filed
in this matter and referenced within Section
III.C herein.
E.
Compliance
Activities to Date
1.
On November
5,
2003,
the Illinois EPA received from
Lundsford Baysinger Architects and Engineers,
Inc.
(“LBAE”),
environmental consultants retained by JAMES ZELLER,
a facsimile
coversheet informing the Illinois EPA,
in part,
that an asbestos
5
abatement contractor licensed by the Illinois Department of
Public Health
(“IDPH”) had been retained,
an asbestos abatement
project
design
plan
would be drafted, and site security measures
had
been
implemented
to
control
asbestos
emissions
and
restrict
public
access
to
the
site.
2.
On
November
24,
2003,
the
Illinois
EPA received from
JAMES ZELLER a project
design
plan
setting
forth
methods
and
procedures to be utilized to locate,
remove,
and dispose of all
regulated asbestos-containing waste material and asbestos
contamination at the site.
3.
Having reviewed the document,
the Illinois EPA
communicated to LBAE,
in December 2003,
its acc~ptanceof the
design
plan.
4.
On
February
10,
2004,
Illinois
EPA
inspector
Scott
Arnold
conducted
an
inspection
of
the
site
to
monitor
measures
by
JAMES ZELLER to remove and properly dispose of all asbestos
contamination.
Based upon observations during the inspection,
the Illinois EPA determined asbestos remediation activities were
complete.
IV.
APPLICABILITY
This
Stipulation
shall
apply
to
and
be
binding upon the
Complainant and the Respondents,
and any officer,
director,
6
agent,
or employee of the Respondents,
as well as any successors
or
assigns
of
the
Respondents.
The
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.
V.
COMPLIANCE WITH OTHER LAWS AND REGULATIONS
This Stipulation in no way affects the responsibilities of
the Respondents to comply with any other federal,
state
or local
laws or regulations including,
but not limited to,
the National
Emission Standards for Hazardous Air Pollutants for Asbestos
(“NESHAP”)
(40 CFR §61.140
et seq.),
the Act,
and the Board
regulations,
35
Ill.
Adm.
Code,
Subtitles A through H.
VI.
IMPACT ON TEE PUBLIC RESULTING FROM ALLEGED NON-COMPLIANCE
Section 33(c)
of the Act,
415 ILCS 5/33 (c) (2002)
,
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:
7
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.
Human health and the environment were threatened and
the Illinois EPA’s information gathering responsibilities
hindered by the Respondents’ violations.
2.
The site was a former commercial facility comprised of
two adjacent buildings.
Both structures have now been
demolished.
3.
The site was a former commercial facility comprised of
two adjacent buildings.
Both structures have now been
demolished.
8
4.
Providing written notice to the Illinois EPA and
removal of the transite pipe prior to demolition at the site is
both technically practicable and economically reasonable.
5.
Respondents have subsequently complied with the Act and
the Board Regulations.
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 nq~
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;
9
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.
The Respondents failed to provide written notice to the
Illinois EPA and failed to remove the transite pipe prior to
demolition abtivities at the site.
The violations began on or
around March 31,
2003,
and were resolved at various times during
the following year.
2.
Following the initial citizen complaint and inspection
on April
8,
2003,
Illinois EPA Inspector Arnold communicated to
JAMES ZELLER a request
for information relative to demolition
activities
at the site.
Information responsive to this request
was not received by the Illinois EPA.
Subsequent
to the second
citizen complaint on October
30,
2003,
Illinois EPA performed a
further inspection of the site and requested that measures be
promptly implemented to restrict public access
to the site and
control asbestos emissions,
and that a project designer and
10
asbestos abatement contractor licensed by the IDPH be retained.
On November
5,
2003,
the Illlinois EPA was advised that LBAE had
been retained by JAMES ZELLER.
3.
Respondents realized an economic benefit
of non-
compliance by avoiding and delaying costs necessary to properly
conduct asbestos removal and disposal activities in compliance
with the asbestos NESHAP in this matter.
4.
Complainant has determined, based upon the specific
facts of this matter,
that a penalty of Seventy-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,
Respondents have 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.
The Respondents shall pay a civil penalty in the sum of
Seventy-Five Hundred Dollars
($7,500.00) within thirty
(30) days
from the date the Board adopts and accepts this Stipulation.
The
11
Respondents stipulate that payment has been tendered to Randy
Patchett,
attorney of record in this matter for MATTHEW SHORT,
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, within thirty
(30) 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 check, money order or
electronic
funds transfer payable to the Illinois EPA,
designated
to the Illinois Environmental Protection Trust Fund and submitted
to:
Illinois Environmental Protection Agency
Fiscal Services Section
1021 North Grand Avenue East
P.O. Box 19276
Springfield,
IL 62794-9276
A copy of the certified check, money order or record of
electronic funds transfer and any transmittal letter shall be
sent
to:
Raymond
J. Callery
Assistant Attorney General
Environmental Bureau
500
South Second Street
Springfield,
Illinois
62702
and
12
Dennis Brown
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,
designated to 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 may
be reached at the following addresses:
James Zeller
Thomas Zeller
Matthew Short
Zeller Construction
TZ Builders
12154 Short
Dr.
P.O. Box 1201
1109 Oakwood Ln.
Marion IL 62959
900 Skyline Dr.
Marion
IL 62959
Suite 600
Marion IL 62959
13
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.
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.D,
below,
the
Respondents hereby agree
that this Stipulation may be used
against the 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.
C.
Cease and
Desist
The Respondents shall cease and desist from future
violations of the Act and Board Regulations
that were the subject
14
matter of the Complaint as outlined in Section III.C
(“Allegations of Non-Compliance”)
of this Stipulation.
D.
Release from Liability
In consideration of the 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.C 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 the 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 November 29,
2004.
The Complainant reserves,
and this
Stipulation is without prejudice
to,
all rights of the State
of
Illinois against the 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
15
d.
liability or claims based on the 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 the
Respondents.
E.
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
none of the parties are bound by the terms herein.
16
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.
The
rest of this page intentionally left blank.
17
WHEREFORE,
Complainant and Respondents request that the
Board adopt and accept the foregoing Stipulation and Proposal for
Settlement
as written.
PEOPLE OF THE STATE OF ILLINOIS,
LISA MADIGAN
Attorney General
State of
Illinois
MATTHEW
J.
DUNN,
Chief
Environmental Enforcement/
Asbestos Litigation Division
BY:
THOMAS
E.
DAVIS,
Chief
Environmental Bureau
Assistant Attorney General
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY
BY:
Acting Chief Legal Counsel
JAMES ZELLER
OMAS ZELLER
MATTHEW SHORT
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18
