OFFICE OF THE AITORNEY GENERAL
STATE
OF ILLINOIS
March 11,2005
RECE~VED
CLE~RK’SOFFICE
MAR
152005
STATE OF ILLINOIS
Pollution
Control Board
The Honorable
Dorothy Gunn
Illinois
Pollution Control
Board
James
R.
Thompson Center, Ste.
11-500
100
West Randolph
Chicago,
Illinois 60601
Re:
People
v. Auto Recyclers
-
C.
& D.
Ent., Inc.
PCB No. 05-64
Dear Clerk Gunn:
Enclosed for filing please find theoriginal 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 envelope.
Thank you for your cooperation
and consideration.
JB/pp
Enclosures
Very truly yours,
~I
500 South Second Street,
Springfield, Illinois
62706
•
(217)
782-1090
•
TTY: (217) 785-2771
•
Fax: (217) 782-7046
100
West
Randolph Street, Chicago, Illinois
60601
•
(312) 814-3000
•
TflI’Y:
(312)
814-3374
•
Fax: (312) 814-3806
1001
East Main, Carbondale, Illinois
62901
•
(618) 529-6400
•
TTY: (618)
529-6403
•
Fax:
(618) 529-6416
Lisa Madigan
ATTORNEY GENERAL
Jennifer ~onkowski
Environmental Bureau
500
South Second Street
Springfield,
Illinois 62706
(217)
782-9031
1kV
/~\
BEFORE
THE
ILLINOIS POLLUTION
CONTRoL~cI~
L51
ti\~
/,~\
L
PEOPLE OF THE STATE OF
)
1!
U
ILLINOIS,
)
Complainant,
)
~EF?K’S
OFFICE
vs.
)
PCB
No. 05-64
~
152005
)
(Enforcement)
STATE
OF
ILLII\.JOIS
AUTO RECYCLERS
-
C.
&
D.
)
OIltJtgOn
Control Board
ENTERPRISES,
INC., an
Illinois
)
corporation,
)
)
Respondent.
)
NOTICE OF FILING
To:
Kevin
N.
McDermott
Attorney at Law
15
South
Old
State Capitol
Plaza, Ste.
103
500 South
Sixth Street
Springfield,
IL 62701
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, a copy of which is 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
Environmental
Enforcement/Asbestos
Litigatipn
Divisiop
BY:
~7)~
/~‘1iLL)
~
JENN~FERBONKOWSKI
‘~J
Assi~tant
Attorney General
Environmental Bureau
500 South
Second Street
Springfield,
Illinois 62706
217/782-9031
Dated:
March
11, 2005
CERTIFICATE OF SERVICE
I
hereby certify that
I did on
March
11,
2005,
send by
First
Class
Mail, with
postage
thereon fully prepaid,
by depositing
in
a
United
States Post Office Box
a
true and
correct copy
of the following instruments
entitled
NOTICE OF FILING,
MOTION
FOR RELIEF
FROM
HEARING REQUIREMENT and
STIPULATION AND
PROPOSAL
FOR SETTLEMENT:
To:
Kevin
N.
McDermott
Attorney at
Law
15
South Old State Capitol
Plaza, Ste.
103
500
South
Sixth Street
Springfield,
IL 62701
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
James
R.
Thompson Center
Suite
11-500
100
West Randolph
Chicago,
Illinois 60601
A copy was also
sent by First Class
Mail with
postage thereon fully prepaid
to:
Carol Webb
Hearing
Officer
Illinois
Pollution Control
Board
1021
North
Grand Avenue East
Springfield,
IL 62794
LIA~L~
~6/utVZQ47
NNIFE~ONKOWSKI
A
sistant Mtorney General
This filing is submitted on
recycled paper.
BEFORE
THE ILLINOIS
PEOPLE OF THE STATE OF
)
ILLINOIS,
)
Complainant,
)
01-~K’S
OFFICE
vs.
)
PCBNo.05-64
MAR
152005
)
(Enforcement)
STATE
OF ILLINOIS
AUTO RECYCLERS
-
C. & D.
)
Pollution Control Board
ENTERPRISES, INC., an
Illinois
)
corporation,
)
)
Respondent.
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)
(2002),
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)
(2002).
In
support of
this motion, Complainant states
as follows:
1.
On
October 8,
2004,
Complainant filed a
Complaint with the
Board,
alleging
violations
by the Respondent of the
Illinois Environmental
Protection Act and
Board
Regulations.
2.
The parties
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.
4.
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)
(2002).
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)
(2002).
Respectfully submitted,
PEOPLE
OF THE STATE
OF ILLINOIS
LISAMADIGAN
ATTORNEYGENERAL
MATTHEW J. DUNN, Chief
Environmental
Enforcement/Asbestos
itigation
Division
BY:________
JENNI~$R
BONKOWSKI
Enviror~itnentalBureau
Assistant Attorney General
500 South
Second Street
Springfield,
Illinois 62706
217/782-9031
Dated:
March
11, 2005
2
1~JI!frn~
~M
BEFORE
THE ILLINOIS POLt
ONT
0
PEOPLE OF THE STATE OF ILLINOIS,
)
REC~VED
Complainant,
)
CLERK’S
OFFICE
v.
)
PCB NO. 05-64
MAR
15
2005
)
(Enforcement)
STATE
OF ftL~~lO:g
)
Pollution Contro’ eoarcj
AUTO RECYCLERS
-
C. &
D.
ENTERPRISES,
,)
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, the Illinois Environmental
Protection Agency (“Illinois EPA”),
and
AUTO
RECYCLERS
-
C. & D. ENTERPRISES, INC. (“Respondent”),
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 fairsummary 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,
Respondent
agrees 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.
1
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 October 8, 2004,
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
the Respondent.
2.
The Illinois EPA is an administrative
agency of the
State of Illinois,
created
pursuant to Section 4 of the Act, 415 ILCS 5/4 (2002).
3.
At all times relevant to the Complaint, Respondent was and
is an
Illinois
corporation that is authorized
to transact business in the State
of Illinois.
2
B.
Site
Description
1.
At all times relevant to
the Complaint, Respondent owned and operated
an
automotive salvage operation at 920
East Phillips Street, Springfield,
Sangamon County,
Illinois
(“ARCD site”).
The automotive salvage operations conducted at the ARCD site generally
involve the removal of engines,
radiators, and other components from vehicles, with
the vehicle
carcass being sold for scrap and
removed from the site.
Additionally, automotive fluids such as
gasoline and
antifreeze are drained
from the vehicles
during salvage operations.
2.
On
July 2,
1998,
the Illinois EPA conducted
an inspection of the ARCD site in
order to
investigate a complaint
and observed waste
fluids,
including gasoline
and oil,
had
been
spilled
upon the ground.
The spillage of such fluids stained and
contaminated the ground and
gravel.
3.
On January 9,
2004, the Illinois EPA conducted an
inspection of the ARCD site.
The stained and
contaminated ground and
gravel resulting from the spillage of fluids had not
been removed for proper disposal.
4.
From at least July 2,
1998
until August
18, 2004, ARCD failed to
remove for
proper disposal the stained
and
contaminated ground and gravel resultng from the spillage of
automotive fluids.
5.
From at
least July 2,
1998 until January
3,
2001, ARCD failed to
determine
whetherthe stained and
contaminated ground
and gravel resulting from the spillage of waste
fluids were hazardous or special wastes.
C.
Allegations of Non-Compliance
Complainant contends that the Respondent has violated the following
provisions of the
Act and
Board
regulations:
3
Count
I:
Open
dumping of waste,
in violation
of Sections 21(a) and
(e) of the Act,
415 ILCS 5/21(a) and (e)
(2002).
Count
II:
Failure to sample waste,
in violation of Sections 722.111
and 808.121
of
the Pollution
Control Board’s Waste
Disposal Regulations,
35
III. Adm.
Code
722.111
and 808.121,
and Section 21(d)(2) of the Act, 415 ILCS
5/21 (d)(2) (2002).
D.
Admission of Violations
The Respondent admits
to the violation(s) alleged in the Complaint filed
in this matter
and
referenced within Section
lII.C
herein.
E.
Compliance Activities to
Date
The contaminated
soil and gravel were finally removed
and properly disposed
of on
August 18,
2004.
IV. APPLICABILITY
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, 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 Respondent to comply with
any other federal,
state or local
laws or regulations including, but not limited to, the Act and the
Board
regulations,
35
III. Adm.
Code,
Subtitles A through
H.
4
VI. IMPACT ON THE
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:
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 contends that the injury to, or interference with, the protection
of the
health, general welfare,
and
physical property of the People would
be characterized as open
dumping and the degree of injury would
be dependent upon the amount of waste and the
degree of exposure to that waste;
2.
The parties agree that Respondent’s facility is of social
and economic benefit;
3.
Respondent’s facility is suitably located at 920 East Phillips Street, Springfield,
Sangamon County, Illinois.
4.
The parties agree that complying with the Act and
regulations is technically
practicable
and economically reasonable; and
5.
Respondent implemented measures
subsequent to
the alleged violations that are
the subject of the Complaint in this matter
in order to
operate in compliance with the Act.
5
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 ofan
enforcement action brought under this Act, but which the respondent is
nototherwise legally required to perform.
In response to these factors, the parties state as follows:
On
or before July 2, 1998, and continuing through August 18, 2004, the
Respondent caused or allowed the open dumping ofwaste at theARCD site. The
contaminated soil and gravel was not completely removed until August 18, 2004, more than six
years after the initial Violation Notice (‘VN”) was issued. From at least July 2, 1998 until January
3, 2001, ARCD failed to determinewhether the stained and contaminatedground and gravel
resulting from the spillage ofwaste fluids contained hazardous or special wastes.
6
2.
A VN recommending a variety of cleanup activities was issued
in August 1998.
ARCD responded with a Compliance CommitmentAgreement (“CCA”), stating that automotive
fluid containers had been properly labeled and that off-rim used tires would be stored properly
before disposal. An extension for the disposal deadline of on-site contaminated soil and gravel
was requested. The Illinois EPA accepted the CCA. When an inspector returned to the site on
November 24, 1998, he was informed thatARCD had not analyzed or removed the
contaminated soiland gravel. The Illinois EPAsubsequently approved a March 11, 1999,
request to have the deadline extended again to September30, 1999. Another inspection was
performed October 18, 2000. No analysis or removal of the soil and gravel had been
performed. The Illinois EPAwas notified on January 3, 2001, that an analysis had been
performed. The Illinois EPA acknowledged receipt of these results, and requested an indication
of howARCDwould resolve the violations from the October 18, 2000, inspection. No response
to this requestwas ever received. A response was requested again after a January 7, 2003
inspection revealed thatARCD still had not removed the contaminated soil and gravel.
In
February 2003, ARCD stated that the soil would be removed byJune 2003.
It was finally
removed August 18, 2004, more than six years after the initialVN was issued.
3.
The Respondent delayed expenditures related to the proper removal of the
contaminated soil and gravel.
4.
Complainant has determined that a penalty of $5,000.00 will serve to deter
further violations and aid in future voluntaryenforcement
of
the Actand applicable regulations,
given the circumstances and after reviewing the Respondent’s financial information.
5.
To Complainant’s knowledge, Respondent has no previously
adjudicated violations of the Act.
6.
The Respondent did not voluntarily self-disclose the
non-compliance
to the
Illinois EPA; and
7
7.
The settlement of this matterdoes not include a supplemental environmental
project.
VIII. TERMS
OF SETTLEMENT
A.
Penalty Payment
1.
The Respondent shall paya civil penalty in the sum of five thousand dollars
($5,000.00) within thirty (30) days from the date the Board adopts and accepts this Stipulation.
The Respondent stipulates that payment has been tendered to Respondent’s attorney of record
in this matter in a form acceptable to that attorney. Further, Respondent stipulates that said
attorney has been directed to make the penalty payment on behalf of Respondent, within thirty
(30) daysfrom 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, IL62794-9276
The name and number ofthe case and Respondent’s Federal Employer Identification Number
(FEIN),
39-t~
S~1~iaIl
appear on the check. A copy of the certified check, money
order or record of electronic funds transferand any transmittal letter shall be sent to:
Jennifer Bonkowski
AssistantAttorney General
Environmental Bureau
500 South Second Street
Springfield, IL 62702
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
8
allowable under Section 1003(a) ofthe Illinois Income Tax Act, 35 ILCS5/1003 (2002).
Interest
on anyunpaid payment shall begin to accrue fromthe date the payment isdue 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 dueand 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.
Forpurposes of paymentand collection, Respondent may be reached at the
following address:
Cheryl Hayes
920 East Phillips Street
Springfield,
Illinois, 62702
4.
In the event of default of this Section VIll.A, the Complainant shall be entitled to
all available relief including, but not limited to, reasonable costs of collection and reasonable
attorney’s fees.
9
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 VIIl.D, below, the Respondent hereby agrees that
this Stipulation
may be used against the Respondent in
any subsequent enforcement action or
permit proceeding as proof of a past adjudication
of violation of the Act and the Board
Regulations 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,
Respondent agrees 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 Respondent shall cease and
desist from future violations of the Act and
Board
Regulations thatwere the subject matter of the Complaint as outlined in Section lII.C
(“Allegations of Non-Compliance”) of this Stipulation.
10
D.
Release from Liability
In
consideration of the Respondent’s payment of the $5,000.00 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 Respondent 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 8, 2004.
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 intendedas a waiver, discharge, release, or covenant not to
sue forany claim orcause of action, administrative or judicial, civil or criminal, past or future, in
law or in equity, which the State of Illinois or the Illinois EPAmayhave against anyperson, as
defined by Section 3.315 of the Act, 415 ILCS 5/3.315, or entity other than the Respondent.
11
E.
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 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,
her employees and
representatives
may take photographs, samples,
and collect
information, as they deem necessary.
F.
Correspondence, Reports and
Other Documents
Any and all correspondence, reports and any other documents required under this
Stipulation, except for payments pursuant to Section VIII.A (“Penalty Payment”) of this
Stipulation shall be submitted as follows:
As to the Complainant
Jennifer Bonkowski
Assistant Attorney General
Environmental
Bureau
500 South
Second Street
Springfield,
Illinois 62706
As to
the Respondent
Cheryl Hayes
920
East Phillips Street
Springfield,
Illinois, 62702
12
C.
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 forany modification shall be made in writing and
submitted to the contact persons identified in Section VIII.F. Anysuch 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
Board
seeking a modification
of the prior order approving and accepting the Stipulation
to
approve and accept the Stipulation as amended.
H.
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.
Respondent agrees 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 Respondent 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 orfederal law,
and therefore
unenforceable, the remaining
clauses
shall remain in
full force and effect.
13
WHEREFORE,
Complainant and
Respondent 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,
Dated:
‘2/07/0ç
MATTHEW J.
DUNN, Chief
Environmental
Enforcement!
Asbestos Litigation
Division
BY:
THOMAS
DAVIS, Chief
Environmental Bureau
Assistant Attorney General
Dated/~f~
6~/1~l,c~
Dated:?(~OS~
ILLINOIS ENVIRONFv~NTAL
Y,
ILLIAM ING RSOL
Acting General Counsel
Division of Legal Counsel
ARCD
-
C.
&
D.
ENTERPRISES,
INC., an Illinois
corporation,
14
