RECEIVED
CLERK’S Or~r’~
JUN
2
62003
OFFICE OF THE KITORNEY GENERAL
STATE OF ILLINOIS
STATE OF
ILLINOIS
rollutlon
Control Board
Lisa Madigan
ATTORNEY GENERAL
June 25, 2003
The Honorable
Dorothy Gunn
Illinois Pollution
Control Board
State
of Illinois
Center
100 West Randolph
Chicago,
Illinois 60601
Re:
People
v.
Village of Sims, et a!.
PCB
No.
03-224
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 WITH LAMAC ENGINEERING COMPANY in regardto the above-captioned matter.
Please file the original and
return a file-stamped
copy of the document to our office in the enclosed
self-addressed,
stamped
envelope.
Thank you for your cooperation and consideration.
Very truly yours,
/2
Jane
E.
McBride
Environmental Bureau
500
South Second Street
Springfield,
Illinois 62706
(217) 782-9031
JEM/pp
Enclosures
500
South
Second
Street,
S~ringfield,Illinois
62706
•
(217)
782-1090
•
TFY: (217)
785-2771
•
Fax:
(217) 782-7046
100 West
Randolph
Street, Chicago, Illinois
60601
•
(312)
814-3000
•
rFY:
(312)
814-3374
•
Fax: (312)
814-3806
1001
East Main, Carbondale,
Illinois
62901
•
(618) 529-6400
•
TTY: (618)
529-6403
•
Fax: (618) 529-6416
BEFORE THE
ILLINOIS POLLUTION
CONTROL BOARD
VILLAGE OF SIMS, an Illinois
municipal
corporation;
FOLLOWELL
CONSTRUCTION COMPANY, INC.,
an
Illinois corporation;
and
LAMAC
ENGINEERING
COMPANY,
an
Illinois
corporation,
Respondent.
RECEIVED
CLERK’S OFFICE
JUN
262003
STATE OF ILLINOIS
Pollution
Control Board
NOTICE OF FILING
To:
Mr.
Jay H.
Fyie,
Esq.
Fyie
& Hawkins
Attorneys for the Village of Sims
Box 279
115
Northeast
Third
Street
Fairfield,
IL 62837-0279
Mr.
Richard
L.
Kline,
Esq.
Attorneyfor Lamac Engineering
Co.
120
E.
Fifth
Street
P.O.
Box Drawer 400
Mt.
Carmel,
IL 62863-0400
Mr.
John
S.
Brewster,
Esq.
Winters,
Brewster, Crosby
& Schafer
Attorneys for Followell Construction Company,
Inc.
111
West Main,
P.O.
Box 700
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
WITH
LAMAC
ENGINEERING
COMPANY, 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
500 South
Second Street
Springfield,
Illinois
62706
217/782-9031
Dated: June 25, 2003
MATTHEW J.
DUNN, Chief
Environmental Enforcement/Asbestos
Litigation
Division
BY:
~
,/~
JANE
E.
McBRIDE
Assistant Attorney General
Environmental Bureau
PEOPLE OF THE STATE OF
ILLINOIS,
Complainant,
vs.
)
)
)
)
)
PCB
No.
03-224
)
(Enforcement)
)
)
)
)
)
)
)
)
CERTIFICATE OF SERVICE
I hereby certify that
I
did
on June 25, 2003, 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 WITH
LAMAC
ENGINEERING
COMPANY
To:
Mr. Jay H.
Fyie,
Esq.
-
Mr.
Richard
L.
Kline,
Esq.
Fyie & Hawkins
Attorney for Lamac Engineering Co.
Attorneys for the Village of
Sims
120
E.
Fifth Street
Box 279
P.O.
Box Drawer 400
115 Northeast Third
Street
Mt. Carmel,
IL 62863-0400
Fairfield,
IL 62837-0279
Mr. John
S.
Brewster, Esq.
Winters,
Brewster, Crosby
& Schafer
Attorneys for Followell Construction
Company,
Inc.
111
West Main,
P.O.
Box 700
Marion,
IL 62959
and
the original and ten copies by First Class
Mail with
postage thereon fully prepaid
of the
same foregoing
instrument(s):
To:
Dorothy Gunn, Clerk
Illinois Pollution
Control
Board
State of Illinois
Center
Suite
11-500
100 West
Randolph
Chicago,
Illinois
60601
21
E.
McBride
Assistant Attorney General
This filing
is submitted
on recycled paper.
BEFORE THE ILLINOIS POLLUTION
CONTROL ~
CLERK’S OFFICE
PEOPLE OF THE STATE OF ILLINOIS,
)
JUN
2 ~ 2003
)
STATE
OF
ILLINOIS
Complainant,
)
Pollution
Control Board
)
v.
)
PCB
NO. 03-224
)
(Enforcement)
VILLAGE OF SIMS, an Illinois
)
municipal corporation,
FOLLOWELL
)
CONSTRUCTION COMPANY, INC.,
)
an Illinois
corporation, and
)
LAMAC
ENGINEERING
COMPANY,
)
an
Illinois
corporation,
-
)
)
Respondent.
)
MOTION FOR RELIEF FROMHEARING 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)
(2002),
moves that the Illinois
Pollution Control
Board grant the Complainant and Respondent LAMAC ENGINEERING
COMPANY,
an
Illinois corporation (“Lamac”),
relief from the hearing
requirement imposed
by
Section 31 (c)(1) of the Act, 415
ILCS 5/31 (c)(1) (2002).
In
support of this motion,
Complainant
states as follows:
1.
On June
9, 2003,
Complainant filed
a Complaint with the Board, alleging
violations by Respondent Lamac in the installation of new water main
requirements.
2.
The Complainant and
Respondent Lamac have
reached agreement on
all
outstanding issues
in this matter.
3.
This agreement is presented to the
Board
in
a Stipulation
and
Proposal for
Settlement, filed contemporaneously with this
motion.
•1
4.
Complainant and
Respondent Lamac 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) (2002).
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)
(2002).
Respectfully submitted,
PEOPLE
OF THE STATE
OF ILLINOIS
-
LISA MADIGAN
ATTORNEY GENERAL
MATTHEW J.
DUNN, Chief
Environmental Enforcement/Asbestos
Litigation Division
BY:
~
~
/
JANE
E.
McBRIDE
Environmental
Bureau
Assistant Attorney General
500 South
Second Street
Springfield,
Illinois 62706
217/782-9031
Dated: June
25, 2003
2
BEFORE THE ILLINOIS POLLUTION
CONTROL BOARD
PEOPLEOFTHESTATEOF
)
RECEIVED
ILLINOIS,
)
CLERK’S OFFI(’E
Complainant,
)
JUN
262003
v.
)
PCB No.
03-224
STATE OF
ILLINOIS
)
(Enforcement)
Pollution
Control Board
VILLAGE
OF SIMS, an Illinois
)
municipal corporation;
FOLLOWELL
)
CONSTRUCTION COMPANY, INC.,
)
an
Illinois corporation;
and
)
LAMAC ENGINEERING
COMPANY,
)
an
Illinois corporation,
)
-
Respondents.
STIPULATION AND PROPOSAL
FOR SETTLEMENT
WITH
LAMAC
ENGINEERING COMPANY
Complainant,
PEOPLE OF
THE
STATE
OF ILLINOIS,
by LISA MADIGAN,
Attorney
General of the State of Illinois, at the request of the ILLINOISENVIRONMENTAL
PROTECTIONAGENCY (“Illinois EPA”), and RespondentLAMAC ENGINEERING COMPANY
(“Lamac”),
do hereby submit this Stipulation
and
Proposal for Settlement.
The parties stipulate
that the Statement of
Facts contained
herein
represents a fair summary of the evidence and
testimony which would
be
introduced
by the
parties
if a full
hearing were held on those
issues
for which a settlement is proposed.
The parties agree that the purpose of this Stipulation and
Proposal for Settlement is to resolve Complainant’s claims against Respondent
Lamac as set
forth
in the pending
Complaint.
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
this or any other
proceeding except to enforce the terms
hereof by the parties to
this agreement.
Notwithstanding the previous sentence,
this Stipulation and
Proposal for
Board (“Board”) Order accepting
same
may be used
in any future enforcement action
as
evidence of a past adjudication of violations, as
provided
in Sections 39(i) and 42(h) of the
Illinois Environmental Protection Act (“Act”), 415 ILCS 5/39(i) and 42(h) (2000).
This
agreement shall be null and void
unless the Board
approves and
disposes of this matter on
each and every one of the terms
and conditions
of the settlement set forth herein.
JURISDICTION
The Board
has jurisdiction of the subject matter herein and of the parties
consenting
hereto
pursuant to the Illinois Environmental Protection Act, 415
ILCS 5/1
et seq.
(2000).
The
Complaint
states a cause of action
upon which relief
may be granted.
II.
AUTHORIZATION
The authorized
representatives for each signatory to this Stipulation and Proposal for
Settlement certify that they are fully authorized by the party whom they represent to enter into
the terms and
conditions of this Stipulation and
Proposal for settlement and
to legally bind that
party to
it.
III.
APPLICABILITY
This Stipulation and
Proposal for Settlement shall apply to
and
be
binding upon the
Complainant and
Respondent Lamac, as well as the successors and
assigns of Respondent
Lamac and
any of its officers, directors,
agents, employees or servants.
Respondent shall not
raise
as
a defense to any
action undertaken to enforce the terms and
conditions of this
Stipulation and
Proposal for Settlement or the Board
Order approving
it, the failure of their
officers, directors, agents, employees
or servants to take such
action as shall
be required to
comply with the provisions of this Stipulation and
Proposal for Settlement.
2
IV.
STATEMENT OF FACTS
Pursuant to
the requirements of 35
III.
Adm.
Code 103.302 (2001), the parties submit
the following stipulation of facts pertaining to the nature, extent,
and causes
of the violations
and the nature of Respondents’ operations and
control equipment.
1.
The Complaint and
this Stipulation and
Proposal for Settlement are brought
pursuant to the statutory authority of the Attorney General to prosecute civil actions
to
obtain
civil penalties for violations of the Act, 415 ILCS 5/1 et seq. (2000),
and at the request of the
Illinois
Environmental Protection Agency.
2.
Respondent Village of Sims (hereinafter, the “Village”) is an
Illinois
municipal
corporation located in
the county of Wayne.
3.
Respondent Followell Construction Company,
Inc.
is an
Illinois corporation
in
good standing, located
in Marion,
Williamson County,
Illinois.
Its registered agent is
Ben
FolloweIl,
104 Water Tower Road, P0 Box 756,
Marion,
IL 62959.
4.
Respondent Lamac Engineering
Company is an
Illinois corporation
in good
standing,
located
in
Mount Carmel, Wabash
County,
Illinois.
Its registered agent
is Richard
L.
Kline, 120 E.
5th
Street,
Mount Carmel,
IL
62863-2120.
5.
Respondent Village owns and operates a public water supply serving
its
residents.
6.
Respondent Village’s public water supply serves approximately 421
consumers
through
161
direct connections.
The Village obtains water from the Wayne
City Public Water
Supply by way of a booster station, located
at the Wayne City Water Treatment Plant.
7.
On or about April
14,
1997,
the Illinois EPA issued Construction
Permit No.
1 204-FY
1997 to
the Village for the installation of new water main
in the Village.
On or about
3
1’Aarch 19,
1999, the Illinois EPA
issued an operating
permit to the Village for the
new water
main.
8.
The Village employed
Lamac Engineering
Company to
perform
certain design
work on
the water main project.
9.
Respondent Lamac Engineering
Company prepared
plans and
specifications for
the water main project.
10.
The Village employed
Followell Construction Company,
Inc. to construct the
water main
project.
-
11.
As owner of the water mains, Respondent Village
had direct responsibility for
supervising the water main project.
12.
On January 11, 2000, a
representative of the Village contacted the Marion
Regional
Office of the Illinois EPA,
and
stated that Followell Construction
installed
a water main
that was not properly separated from the Village’s sewer system
and that the contractor was
refusing to confirm that the systems were
properly separated.
13.
On January
11,
2000,
a representative of the Illinois
EPA directed the Village to
expose the water main
to determine
its distance from the sewer
system, and to
relocate the
water main
if
it was within ten feet horizontal
distance or eighteen
inches vertical distance from
the sewer system.
14.
On February
1,
2000,
a representative of Lamac Engineering
contacted the
Illinois
EPA and stated that he was
not aware of the location of the sewer system and
did
not
know whether it was separated from the Village’s public water system.
15.
On
February
1,
2000, a
representative of the Village contacted
the Illinois
EPA
and
stated that the Village had exposed the water main
near Lift Station
No.
3 and found a
distance of four feet of horizontal
distance between the water main and
the manhole, six feet of
horizontal
distance between the water main and the
lift station,
and eight inches of vertical
4
distance between the sewer main where the water main crossed
it.
16.
On
February 2, 2000,
representatives of the Illinois
EPA, the Village and
Lamac
Engineering visited the site of Lift
Station
No.
3 on the sewer collection system,
located on the
west side of County
Highway 900E at the intersection of
Richardson Street.
The Illinois EPA
inspector confirmed the failure
to
provide adequate separation, and
also observed
that the
water main
and sewer main appeared to lack
adequate separation a distance of one
half to
one
quarter mile from the lift
station.
The inspector advised the Village to expose the lines leading
away from the
lift station
to determine whether they were properly
separated.
17.
At the time of the January 11, 2000, and
February
1
and 2,
2000, discussions
between
a representative of the Illinois
EPA and
Respondents,
it was determined that
Respondent Lamac Engineering
had released
at least three
different versions of the plans
prepared for this project.
Each set differed and
the three sets were not in
agreement as
to
significant specific features on the system.
One or more set of these
plans were utilized
by
Respondent Followell at the job site as construction plans.
18.
On
August 9,
2000,
representatives of the
Illinois
EPA, the Village,
Lamac
Engineering,
and
Followell Construction
met at
the site and discussed the various areas
throughout the project requiring
correction.
19.
Respondents
Lamac and
Followell claim that
Respondent Village was
responsible for providing as-built plans
showing the location of existing sewer system
prior to
installation but never did so,
and further claim that the Village still had
not supplied such plans
as of August
9,
2000.
If this claim is taken as true,
knowing that the as-built plans were not
available, Respondents
Lamac and
Followell proceeded with the installation without adequate
information
to assure compliance with the Act
and the Board’s public water supplies rules.
20.
On April
18,
2001, the parties
completed work to correct the separation
distances.
During the relocation of the water main, the
Illinois EPA inspector noted the
.5
following violations and corrective actions:
a.
At Lift Station
No.
3 on the, sewer collection
system, the water main was
cut on the west side of County Highway
900E, where it crossed
under the
gravity sewer line.
The contractor relocated the water main twenty-five
feet to
the south of the
lift station.
b.
At
a location in
proximity to the Borah residence,
the water main was
cased and
placed greater than eighteen
inches below the sewer service
connection.
c.
On
Robinson Street, the contractor cased and
installed the water main on
the south side of the street,
locating
it greater than eighteen
inches under
each sewer service connection.
The contractor reconnected
the water
main at the north side
of the street greater than ten feet from the sewer
manhole.
d.
On Moyer Street, the contractor relocated the water main
and
hydrant
more than twenty-five
feet to
the west of Lift Station No.
5 on the sewer
collection system.
The contractor also relocated the water service line
and meter.
e.
At Lift
Station
No. I
on
the sewer collection
system, the contractor
relocated the water main
twenty-five feet from the lift station.
21.
By causing or allowing
installation of new water main
in a manner so that the
installation
did not meet the horizontal
and vertical separation distances required
by the EPA’s
Public Water Supplies rules,
as set forth
in
Paragraph 30,
Respondent Lamac Engineering
Company has violated
Sections
18(a)(1),
(2) and
(3) of the Act, 415
ILCS 5/18(a)(1),
(2), (3)
(2000),
and 35
III.
Adm.
Code 607.104(b).
22.
By failing to comply with the conditions of
its
Construction
Permit #1 204-FYI 997,
Respondent Lamac Engineering Company
has violated
Section
15 of the Act, 415
ILCS 5/15
(2000),
and
35
III. Adm.
Code 602.101(b).
V.
FUTURE
PLANS OF COMPLIANCE
The Respondent LAMAC ENGINEERING COMPANY shall diligently conform to the Act,
6
415 ILCS 5/1
et seq.
(2002), and
the Board’s regulations,
35
III. Adm.
Code,
Subtitles A through
H.
VI.
IMPACT ON THE
PUBLIC RESULTING
FROM NONCOMPLIANCE
Section 33(c) of the Act, 415 ILCS 5/33(c) (2002),
provides:
***
c.
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:
the character and degree of injury to,
or interference with
the protection
of the
health, general
welfare and
physical
property of the people;
ii.
the social and economic value of the pollution source;
iii.
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;
iv.
the technical
practicability and
economic reasonableness
of reducing or eliminating the emissions, discharges or
deposits resulting from such
pollution source; and
v.
any subsequent
compliance.
In
response
to these factors,
the parties incorporate by reference the Statement of Facts
and
also state as follows:
1.
The injury to or interference with the health,
general welfare
and
physical
property
of the people would
be characterized
as having the potential for contaminating the
public water supply of the Village of Sims and
negatively impacting
public health by potentially
causing disease.
The degree of injury would
be potentially
severe.
2.
If
installed with the proper separation distance,
the water and
sewer line project
at
issue is of social and economic benefit to the Village of Sims.
7
3.
The water and
sewer lines,
if installed with the proper separation distance, are
located
in a suitable
site for such
lines and
the site
has been found
suitable
by the
Illinois EPA
for such use.
4.
Compliance with the Act and
Board
regulations is technically practicable and
economically reasonable.
5.
The project has been reconstructed
to bring it into compliance with the Act and
applicable regulations.
VII.
COMPLIANCE
WITH OTHER
LAWS AND REGULATIONS
This Stipulation and
Proposal for Settlement in
no way affects the responsibility
of
Respondent Lamac to comply with any federal, state,
or local laws or regulations,
including but
not limited to the Act, 415
ILCS
5/1
etseq.
(2002), and the Board’s rules and
regulations, 35
Ill.
Adm.
Code,
Subtitles A through
H.
VIII.
DETERMINATION OF APPROPRIATE CIVIL PENALTY
Section 42(h)
of the Act,
415
ILCS 5/42(h) (2002),
provides:
***
h.
In
determining the appropriate civil penalty to be
imposed under
subdivisions
(a),
(b)(1), (b)(2), (b)(3) or (b)(5) of 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:
(I)
the duration
and gravity of the violation;
(2)
the presence or absence
of due diligence on the
part of the violator in attempting to comply with the
requirements of this Act and regulations thereunder
or to secure relief therefrom
as
provided by this
Act;
8
(3)
any economic benefits
accrued by the violator
because of delay in compliance with
requirements;
(4)
the amount of monetary penalty which will serve to
deter further violations by the violator and to
otherwise
aid
in enhancing voluntary compliance
with this Act by the violator and other persons
similarly subject to the Act; and
(5)
the number,
proximity in time,
and gravity of
previously adjudicated
violations of this Act by the
violator.
In
response to these
factors, the parties
incorporate by reference the Statement of Facts
and also state as follows:
1.
The alleged violations required
reconstruction
of portions
of the project,
resulting
in expenditure of approximately seven thousand five hundred dollars ($7,500.00) by
Respondent Followell more than
was initially contemplated.
2.
Reconstruction
has
corrected the project so as to return it
to
compliance.
3.
Respondents realized
no economic benefit from noncompliance.
4.
Complainant has determined,
in this instance,
that a penalty of five thousand
dollars ($5,000.00) will serve
to deter future violations and
aid
in
future voluntary enforcement
of the Act and
applicable Board
rules and
regulations.
5.
Complainant has also determined that Respondent Lamac has no known
history
of prior adjudicated violations.
IX.
NONADMISSION OF LIABILITY
This Stipulation and
Proposal
for Settlement is entered into for the purpose of settling
and
compromising disputed claims without the expense of contested
litigation.
By entering
into
this Stipulation
and
Proposal for Settlement and
complying with its terms,
Lamac
Engineering
Company does not affirmatively admit the allegations of violation within the Complaint, and this
9
Stipulation and
Proposal for Settlement shall not be interpreted as including
such
admission.
X.
PROPOSAL FOR SETTLEMENT
1.
Respondent Lamac Engineering
Company
shall pay a penalty of five thousand
dollars ($5,000.00),
within thirty (30) days of the Board’s Order approving this Stipulation
and
Proposal for Settlement.
Payment
shall
be by certified
check made payable to,
“Illinois
Environmental Protection Agency, for deposit into
the Environmental
Protection Trust
Fund,”
and shall
be submitted to:
Illinois
Environmental Protection Agency
Fiscal Services Section
1021 North
Grand
Avenue East
Post Office Box 19276
Springfield,
Illinois
62794-9276
The name,
number of the case, and
each
Respondent’s
Federal Employer Identification
Number (“FEIN”) shall appear on the check.
Respondent Lamac’s FEIN is
37—O~S~,31~$
A
copy
of the check and payment transmittal shall
be simultaneously submitted to:
Donna
Lutes
Illinois
Attorney General’s Office
Environmental Bureau
500 South
Second Street
Springfield,
Illinois 62706
2.
In the event the penalty is not
paid in a timely fashion,
interest shall accrue and
be paid by Respondents at the rate set forth in
Section
1003(a) of the Illinois
Income Tax Act,
35
ILCS 5/1003(a)
(2002),
pursuant to
Section 42(g) of the Act, 415 ILCS 5/42(g)
(2002).
3.
If Respondent
Lamac fails to comply with any material
requirement
set forth
in
this Stipulation
and Proposal
for Settlement, Respondent Lamac shall pay in
liquidated
penalties the sum of five hundred dollars
($500.00) per month
of noncompliance,
until
such
time as the requirements
are complied with, said
penalty to
be paid to
the Environmental
10
Protection Trust Fund
in the manner provided above.
4.
Respondents shall cease and desist from future violations of any federaL
state,
or local environmental statutes and
regulations,
including, but not limited to, the Act, 415 ILCS
511
et seq.
(2002), and the Board’s rules and
regulations,
35
III.
Adm.
Code,
Subtitles A through
H.
XI.
ABATEMENT OF VIOLATIONS
This Stipulation and
Proposal for Settlement, upon its adoption by the Board,
constitutes
an
order to
abate violations
of the Act and
regulations thereunder.
XII.
RELEASE FROM
LIABILITY
The Complainant shall release, waive and
discharge Respondent LAMAC
ENGINEERING COMPANY from any further liability or penalties for violations
of the Act and
Board
regulations which were specifically the subject matter of the Complaint herein, upon
receipt by Complainant of the payment required
in Section
lX.1.,
and
upon compliance with
the
terms of this Stipulation
and Proposal for Settlement.
However, nothing
in
this Stipulation and
Proposal for Settlement shall
be construed as
a waiver by Complainant of the right to
redress
future violations or obtain penalties with
respect
thereto, nor shall anything contained
herein
constitute
a waiver by Respondent to contest
and defend any and
all alleged future violations or
penalties.
~11
WHEREFORE, Complainant and
Respondent Lam~c
Engineering Company request
that the Board
adopt and
accept the foregoing
Stipulation and
Proposal for Settlement as
written.
AGREED:
FOR THE
COMPLAINANT:
LISA
MADIGAN
Attorney General of the State of
Illinois
MATTHEW J.
DUNN, Chief
Environmental Enforcement/Asbestos
Litigation
Division
BY~____________________________
THOMAS
DAVIS,
Chief
Environmental Bureau
Assistant Attorney General
DATED:
_____________
ILLINO,J~ENVIRONM
AL PROTECTION AGENCY
BY:_______________________________
4~EPH
~.
VOB DA
chief Legal
Counsel
DATED:______________________
FOR THE RESPONDENT:
LAMAC ENGINEERING COMPANY
BY:_________
DATED:
________________
12
