REC~V~D
CLERK’S
OF~TCE
BEFORE THE ILLINOIS POLLUTION CONTROL
BOARD
DEC
-
5
2003
PEOPLE OF THE STATE OF ILLINOIS,
)
STATE OF ILLINOIS
Pollution
Control Board
Complainant,
-vs-
)
PCB No.
02-162
(Enforcement-Land)
FOX VALLEY DRY WALL,
INC.,
an Illinois corporation,
Respondent.
NOTICE OF FILING
PLEASE TAKE NOTICE that we have today, December
5,
2003,
filed with the Office of the Clerk of the Illinois Pollution
Control Board an original and nine copies of a Stipulation and
Proposal for Settlement,
and Motion to Request Relief from
Hearing Requirement,
copies of which are attached herewith and
served upon you.
PEOPLE OF THE STATE OF ILLINOIS
ex
rel.
LISA
M~ZWIGAN
Attorney Gener~lof the
Stat
of Illinfis
BY:
______________
ØH)USTOPHER
GRANT
~sistant
Attorney General
Environmental Bureau
188 W.
Randolph
~
~
Flr.
Chicago,
IL 60601
(312)
814-5388
RECE~V~D
BEFORE THE ILLINOIS POLLUTION CONTROL BOARDCLF~PR’SOFFICE
PEOPLE OF THE STATE OF ILLINOIS,
)
DEC
-
5
2003
Complainant,
STATEOF ILLINOIS
Pollution
Control Board
-vs-
)
PCB No. 02-162
(Enforcement-Land)
FOX VALLEY DRY WALL,
INC.,
an Illinois corporation,
Respondent.
MOTION TO REQUEST RELIEF FROM HEARING
REQUIREMENT
NOW COMES the Complainant,
PEOPLE OF THE STATE OF ILLINOIS,
by LISA MADIGAN, Attorney General of the State of Illinois,
and
requests relief from the requirement
of a hearing in this matter.
In support thereof, the Complainant states as follows:
1.
Along with this Motion,
Complainant is filing a
Stipulation and Proposal for Settlement executed between
Complainant and Respondent, FOX VALLEY DRY WALL,
INC.
2.
The Parties’ Stipulation calls for continued
remediation of the subject property,
and payment of penalty and
costs.
3.
Section 31 of the Act,
415 ILCS 5/31
(2002), provides,
in
pertinent part,
as follows:
*
*
*
(c) (2)
Notwithstanding the provisions
of subdivision
(1)
of this subsection
(c)
,
whenever a complaint has
been filed on behalf of the Agency or by the
People of the State of Illinois,
the parties may
file with the Board a stipulation and proposal for
settlement accompanied by a request
for relief
from the requirement of a hearing pursuant
to
—1—
subdivision
(1)
.
Unless the Board,
in its
discretion,
concludes that a hearing will be held,
the Board shall cause notice of the stipulation,
proposal and request for relief to be published
and sent in the same manner as
is required for
hearing pursuant to subdivision
(1)
of this
subsection.
The notice shall include a statement
that any person may file
a written demand for
hearing within 21 days after receiving the notice.
If any person files
a timely written demand for
hearing,
the Board shall deny the request for
relief from a hearing and shall hold a hearing in
accordance with the provisions of subdivision
(1)
*
*
*
4.
No hearing is now scheduled in this matter.
5.
The Complainant,
PEOPLE OF THE STATE OF ILLINOIS,
hereby requests relief from the requirement of a hearing pursuant
to 415 ILCS 5/31(c) (2)
(2002)
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
by LISA MADIGAN,
Attorney General of the
State of Illinois
MATTHEW
J. DUNN,
Chief
.ISTOP~RGRANT
Assistant Attorney General
Environmental Bureau
188 W. Randolph St.,
#2001
Chicago, Illinois
60601
(312)
814-5388
BY:
-2-
RECEiVED
CLERK’S
OFF!
CE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
DEC-5 2003
PEOPLE OF THE STATE OF ILLINOIS,
•
)
STATE
OF
ILLINOIS
Complainant,
)
.
Pollution
Control Board
-vs-
)
PCB No.
02-162
(Enforcement-Land)
FOX VALLEY DRY
I
INC.,
an Illinois corporation,
Respondent.
STIPULATION AND PROPOSAL FOR
SETTLEMENT
Complainant,
PEOPLE OF THE STATE OF ILLINOIS,
by LISA
MADIGAN, Attorney General of the State of Illinois,
on her own
motion and at the request of the Illinois Environmental
Protection Agency,. and Respondent,
FOX VALLEY DRY WALL,
INC.,
an
Illinois corporation,
do hereby agree to this Stipulation and
Proposal
for Settlement
(“Stipulation”)
.
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 full 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 this or
any other proceeding except to enforce the terms of this
agreement.
Notwithstanding the previous sentence,
this
Stipulation and Proposal
for Settlement and any Illinois
pollution Control Board
(TtBoardht) order accepting same may be
-1-
used in any future enforcement action as evidence of a past
adjudication of violation of the Illinois Environmental
protection Act
(rActh!)
for purposes of Sections 39(i)
and42(h)
of the Act,
415 ILCS 5/39(i)
and 5/42(h) (2002).
I.
JURISDICTION
The Board has jurisdiction of the subject.matter herein and
of the parties consenting hereto pursuant to the 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
proposal for Settlement and to legally bind them to it.
III.
•
APPLICABILITY
A.
This Stipulation shall apply to and be binding upon the
Complainant and the Respondent, 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,
or employees to take such action as shall be required to
comply with the provisions of this Stipulation.
-2-
B.
No change in ownership, corporate status or operator of
the facility shall
in any way alter the responsibilities of the
Respondent under this Stipulation.
In the event of any
conveyance of title,
easement or other interest in the facility,
the Respondent
shall continue to be bound by and remain liable
for performance of all obligations under this Stipulation.
In
appropriate circumstances, however,
the Respondent and a
contemplated future owner or operator of the facility rna~
jo..nl:
ly
request, and the Complainant,
in its discretion, may consider
modification of this Stipulation to obligate the proposed
purchaser or operator to carry out future requirements
of this
Stipulation in place of,
or in addition to,
the Respondent.
C.
In the event that the Respondent proposes to sell or
transfer any real property or operations subject to this
Stipulation,
the Respondent 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.
The Respondent shall make the prospective purchaser or
successor’s compliance with this Stipulation a condition of any
such sale or transfer and shall provide a copy of this
Stipulation to any such successor in interest.
This provision
does not relieve the Respondent from compliance with any
regulatory requirement regarding notice and transfer of
applicable facility permits.
—3-
D.
The Respondent shall notify each prime contractor to be
retained
t.o perform work required in this Stipulation of each of
the requirements of this Stipulation 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 to each contractor already retained no later
than 30 days after the date of entry of this Stipulation.
In
addition,
the Respondent 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 this Stipulation.
Iv.
STATEMENT OF FACTS
A.
Parties
1.
The Attorney General of the State of Illinois brought
this action on her own motion,
as well as
at the request of the
Illinois Environmental Protection Agency (Illinois EPA”),
pursuant to the statutory authority vested in her under Section
31 of the Act, 415 ILCS 5/31
(2002)
2.
Illinois EPA is an agency of the State of Illinois
created pursuant to Section 4 of the Act, 415 ILCS 5/4
(2002),
and is charged,
inter alia,
with the duty of enforcing the Act.
3.
Respondent, FOX VALLEY DRY WALL,
INC.,
is an Illinois
corporation,
authorized to do business under the laws of the
State of Illinois.
-4-
B.
Facility Description
At all times relevant to the Complaint,
the Respondent owned
and operated a 1,000 gallon underground petroleum storage tank
(“UST”)
located at 707 North Highland Avenue, Aurora, Kane County
Illinois
(“Site”)
.
On September 2,
1998,
the Respondent reported
the release of petroleum from the UST.
C.
Noncompliance
Complainant has alleged the following violations of the Act
against the Respondent:
COUNT
I:
FAILURE TO PERFORM TIMELY SITE CLASSIFICATION,
Violation of Sections 57.6 and 57.7(b)
of the Act,
415 ILCS 5/57.6 and 5/57.7(b)
(2002), and 35
Ill.
Adm. Code 732.300(a),
732.100(c)
and 732.307(b);
COUNT II: FAILURE TO PERFORM EARLY ACTION REQUIREMENTS,
Violation of Section 57.6 of the Act, 415 ILCS
5/57.6
(2002),
and 35 Ill.
Adm. Code 732.202.
D.
Response
to allegations
The Respondent admits the allegations
in the complaint.
V.
IMPACT
ON
THE
PUBLIC
RESULTING
FROM
NONCOMPLIANCE
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:
1.
the
character
and
degree
of
injury
to, or
interference with
the protection
of
the
health,
general
welfare
and
physical
property
of
the
-5-
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.
ANALYSI~
The parties mutually state as follows:
1.
Character and Degree of Injury:
The impact to the public from the alleged violations of the
Act was a delay in characterizing the extent of contamination
from the release and the threat of migration of petroleum off of
the Site.
2.
Social and Economic Benefit:
The parties agree that operation of the Respondent’s
business at the Site
is of social and economic benefit.
3.
Suitability to the Area:
Operation of the Respondent’s business is suitable to the
area, provided that releases of petroleum are addressed quickly
and in conformance with the requirements of the Act and Board UST
response regulations.
4.
Technical Practicability:
-6-
Responding to the release of petroleum pursuant to the
requirements of the Act and Board Underground Storage Tank
regulations,
is both technically practicable and economically
reasonable.
5.
Subsequent Compliance:
The Respondent has submitted the overdue 20
and
45
day
reports.
The Respondent also has submitted,
and Illinoi~i~p:.
i~:~
approved,
an Amended Corrective Action Plan
(“
Amended CAt~
The Respondent has begun remediation of on-site and off-site
petroleum contamination pursuant to the approved Amended CAP.
VI.
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 violator
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
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 p~ou.~
-7-
similarly subject to the Act; and
5.
the
number,
proximity
in
time,
and
gravity
of
previously adjudicated violations
of
this Act by
the violator.
ANALYSIS
1.
Duration and Gravity of the Violation:
Count I:
The violations continued from September 2,
1998
until April 16,
2000.
Count II:
The violations continued from September 22,
1998
until April
24,
2000.
2.
Diligence of Respondent:
Since December,
2000,
the Respondent
has. been diligent in
submitting a Site Classification Work Plan,
Corrective Action
Plan,
and Amended Corrective Action Plan,
and is remediating the
Site pursuant to Illinois EPA approved plans.
3.
Economic Benefit of Noncompliance:
The Respondent received some economic benefit by failing to
arrange for and submit the required reports to Illinois EPA.
However,
the Respondent has now submitted all reports and has.
begun corrective action.
The Respondent therefore only delayed
the cost of complying with the pertinent regulations.
Although
the Respondent realized some economic benefit through this delay,
the amount of economic benefit
is difficult to determine.
4.
Deterrence:
A penalty of Eight Thousand Dollars
($8,000.00)
against the
-8—
Respondent,
and costs and fees of Two Thousand Dollars
($2,000.00)
will deter future noncompliance by the Respondent and
others.
5.
Compliance History:
•
The Respondent has no previously adjudicated violations of
the Act and Board Regulations.
VII.
TERMS OF SETTLEMENT
A.
CIVIL PENALTY AND COSTS
1.
The
Respondent shall pay a civil penalty of Eight
Thousand Dollars
($8,000.00),
and costs and fees of Two Thousand
Dollars
($2,000.00)
,
within thirty
(30)days of the date upon
which the Board issues a final Order accepting this Stipulation
and Proposal for Settlement.
2.
Payment of civil penalty shall be made by certified check
or money order, payable to the Illinois EPA, designated for
deposit into the Environmental Protection Trust Fund
(“EPTF”),
and shall be sent by first class mail
to:
Illinois Environmental Protection Agency
Fiscal Services
1021 North Grand Avenue East
P.O.
Box
19276
Springfield,
IL
62794-9276
The name,and number of the case and the Respondent’s Federal
Employers Identification Number
(“FEIN”)
number shall appear on
the face of the check.
A copy of the check and the transmittal
letter shall be sent by first class mail
to:
-9-
Christopher Grant
Assistant Attorney General
Environmental Bureau
•188 West Randolph, ~
Fir.
Chicago, Illinois 60601
3.
Respondent shall pay fees and costs of Two Thousand
Dollars
($2,000.00)
within 30 days of the date upon which the
Board issues a final Order accepting this Stipulation and
Proposal for Settlement. Payment shall be made by certified check
or money order, payable to the “Attorney General State Projects
and Court Ordered Distribution Fund”,
and shall be sent by first
class mail to:
Christopher Grant
Assistant Attorney General
Environmental Bureau
188 West Randolph, ~
Flr.
Chicago, Illinois 60601
4.
For purposes of payment and collection,
Respondent’s
attorney may be reached at the following address:
Gretta
E.
Bieber
Alschuler,
Simantz
& Hem, LLC
1961 W. Downer Place
Aurora,
IL 60506-4384
5.
For purposes of payment and collection,
Respondent may
be reached at the following address:
707 North Highland Avenue
Aurora,
Illinois 60506
6.
In the event of default, the Complainant shall be
entitled to reasonable costs of collection,
including reasonable
attorney’s fees.
-10-
B.
FUTURE COMPLIANCE
1,.
The
Respondent, submitted a corrective action plan to
the Illinois EPA that was received on January 22,
2002,
and
approved by the Illinois EPA on February
7,
2002.
In accordance
with the request of the Illinois EPA,
the Respondent submitted an
Amended High Priority Correction Action Plan and Budget
(“Approved Amended CAP”)
that was received by the Illinois EPA on
May 15,
2002 and approved on May 31,
2002.
The Amended CAP had
two soil remediation components:
soil removal on the adjacent
property formerly owned by John Bradley
(“Bradley Property”),
and
soil bio-remed±ationfor the Site.
2.
The Respondent shall complete remediation of the Site
and the Bradley Property in accordance with the Approved Amended
CAP,
according the schedule contained therein.
3.
The Approved Amended CAP may be modified upon
application by Respondent and approval by Illinois EPA.
In
addition,
if
at any time the Illinois EPA determines upon its
review of the progress of remediation that further modifications
to the Approved Amended CAP are necessary to achieve established
cleanup objectives,
the Illinois EPA may require the Respondent
to submit
a modified Corrective Action Plan.
Upon such notice
from Illinois EPA, Respondent shall submit a modified Corrective
Action Plan within the time specified by Illinois EPA.
4.
Within 45 days after completing performance of the
•
-11-
Approved Amended CAP,
or an Illinois EPA-approved modification
thereto, the Respondent
shall submit to Illinois EPA a Final
Corrective Action Completion Report
(“Completion Report”) that
complies with 35 Ill. Adm. Code 732.409,
and shall perform any
additional work to achieve Illinois EPA acceptance of the
Completion
Report.
5.
Upon Illinois EPA approval of the Completion Report,
Illinois EPA shall
issue a
‘no further remediation’
letter to
Respondent,
in accordance with 35
Ill. Adm. Code Part 732,
Subpart G.
Upon receipt, Respondent
shall comply with 35 Ill.
Adm.
Code 732.703.
6.
Unless otherwise extended by Illinois EPA in writing,
Respondent shall complete all of the activities required herein
by January 2,
2006.
C.
Correspondence, Reports and Other Documents
Any
and all correspondence,
reports and any other documents
required under this Stipulation,
except for payments pursuant to
Sections.VII.A.
and D.
of this Stipulation shall be submitted as
follows:
As to the Complainant
Mr. Scott McGill
Illinois Environmental Protection Agency
Bureau of Land-LUST Section #24
1021 N.
Grand Ave. East
P.O. Box 19276
Springfield,
Illinois 62794-9276
-12-
As to the Respondents
Mr.
Trent Schleifer
Fox Valley Dry Wall,
Inc.
707 North Highland Avenue
Aurora,
Illinois 60506
D.
Stipulated
Penalties
1.
If the Respondent fails to complete any activity by the
dates specified in Section VII.E.
of this Stipulation and
Proposal for Settlement,
the Respondent shall provide notice to
the Complainant of each failure to comply with this Stipulation
and Proposal for Settlement.
In addition, the Respondent 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.
However,
In the event that compliance date(s)
are
extended or modified pursuant
to. Paragraph VII.B.3., the extended
or modified compliance schedule shall apply for the purpose of
determining whether stipulated penalties shall be assessed.
2.
Following the Complainant’s determination that the
Respondent has 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 Respondent for its
noncompliance with this Stipulation and Proposal for Settlement.
Failure by the Complainant to make this demand shall not relieve
the Respondent of the obligation to pay stipulated penalties.
-13-
3.
All penalties owed the Complainant under this section of
this Stipulation and Proposal for Settlement that have not been
paid shall be payable within thirty
(30)
days of the date the
Respondent knows or should have known of its noncompliance with
any provision of this Stipulation and Proposal for Settlement.
4.
a.
All stipulated penalties shall be paid by certified
check
or money order payable to the Illinois EPA for deposit in
the EPTF and delivered to:
Illinois Environmental Protection Agency
Fiscal
Services
1021 North Grand Avenue East
P.O.
Box
19276
Springfield,
Illinois 62794-9276
b.
The name and number of the case and the
Respondent’s FEIN number shall appear on the face of the check.
A copy of the check(s) and the transmittal letter shall b~sent
to:
Christopher Grant
Assistant Attorney General
Environmental Bureau
188
W. Randolph St.,
~
Floor
Chicago,
Illinois 60601
5.
The stipulated penalties shall be enforceable by the
Complainant 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 and Proposal for
Settlement.
-14-
E.
Interest on Penalties
1.
Pursuant to
Section 42(g)
of the Act,
415 ILCS
5/42(g)
(2002),
interest shall accrue on any penalty amount owed by the
Respondent not paid within the time prescribed herein,
at the
maximum rate allowable under Section 1003(a)
of the Illinois
Income Tax Act,
35 ILCS 5/1003 (a) (2002)
2.
Interest on unpaid penalties shall begin to accrue from
the date the penalty is due and continue to accrue to the date
payment is received by the Illinois EPA.
3.
•
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.
4.
All interest on penalties owed the Complainant shall be
paid by certified check or money order payable to the Illinois
EPA for deposit in the EPTF at the above-indicated address.
The
name,
case number,
and the Respondent’s FEIN number shall appear
on the face of the certified check or money order.
A copy of the
certified check or money order and the transmittal letter
shall
be sent to:
Christopher Grant
Assistant Attorney General
Environmental Bureau
188 W. Randolph
~
20th
Floor
Chicago, Illinois 60601
VIII.
CEASE AND DESIST
Respondent shall cease and desist from future violations of
-15-
the Act
and Board regulations,
including but not limited to,
those
sections of the Act and Board regulations that were the
subject matter of the complaint as outlined in Section IV.C. of
this Stipulation and Proposal for Settlement.
IX.
COMPLIANCE WITH OTHER LAWS AND REGULATIONS
This Stipulation and Proposal for Settlement
in no way
affects Respondent’s responsibility to comply with any other
federal
state
or
local
regulations, including but not limited to
the
Act
and
Board
regulations.
X.
Right
of
Entry
•
In
addition
to
any
other
authority,
the
Illinois
EPA,
its
employees
and
representatives,
and
the
Attorney
General,
his
agents
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 carrying
out inspections.
In conducting such inspections, the Illinois
EPA,
its employees and representatives, and the Attorney General,
his employees and representatives may take photographs,
samples,
and collect information,
as they deem necessary.
XI.
Release from Liability
In consideration of the Respondent’s payment of a $8,000.00
penalty,
fees and costs of $2,000.00,
and upon the completion of
all activities required hereunder,
the Complainant releases,
-16-
waives and discharges the Respondent,
its officers,
directors,
agents,
employees,
successors and assigns, 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 April
2,
2002.
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.
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
3.26 of the Act,
415 ILCS 5/3.26
(2002), or entity other than the
Respondent.
-17-
WHEREFORE,
Complainant and Respondent 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 D~ision
By:
ROS~RIe~EAU, ~
Envi
nmental Bureau
Assistant
Attorney
General
Dated:
I
(~
k~
ILLINOIS ENVIRONMENTAL
PROT~TIONAGENCY
By: ~
7J~SEPI4E.
SVOBODA
(~5~iefLegal Counsel
Dated:
-18-
FOR RESPONDENT FOX VALLEY DRYWALL,
INC.
BY:
TITLE
_______________
Dated:
/,.r~c~’
-19-
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
-vs-
)
PCB No.
02-162
(Enforcement-Land)
FOX VALLEY DRY WALL,
INC.,
an Illinois corporation,
Respondent.
CERTIFICATE OF SERVICE
I,
CHRISTOPHER GRANT,
an attorney,
do certify that I caused
to be served this 5th of December,
2003,
the foregoing
Stipulation and Proposal for Settlement, Motion to waive the
Requirement of a Hearing,
and Notice of Filing,
upon the person
listed below, by placing same in an envelope bearing sufficient
postage with the United States Postal Service located at 100 W.
Randolph,
Chicago Illinois and addressed to:
/1
()
CHRISTOPHER GRANT
Service List:
Ms. Gretta Bieber
Alshuler Simantz
& Hem LLC
1961 W. Downer Place
Aurora,
IL 60506-4384
