OFFICE OF THE ATTORNEY GENERAL

STATE

OF

ILLINOIS

July 11,2005

RECEIVED

CLERK’S OFF!CE

JUL

132005

STATE OF ILLINOIS

Pollution Controj 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.

DecaturFoundry

PCB

No. 04-1 39

Dear Clerk Gunn:

Enclosed forfiling 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.

Ve’

Delbert D.

Haschemeyer

Environmental Bureau

500

South Second Street

Springfield,

Illinois

62706

(217) 782-9031

Enclosures

500 South Second

Street

Springfleld.

Ilinok

6271(0

•

(217)

782-1090

•

Y1\~ 217)

785-1771

•

Fax: (fl7) 782-7046

ID))

West

Randolph

Street.

Chicago.

Illinois

606)))

•

(312)

514—3o18).Vl\:

(312)

814—3374

•

l~ax~

312)

8l4—381~,

11)01

Fast

\I_tipi

Carltoctilile.

Ilitnois

02901

•

(1,18)

.S19—0400

•

Fly:

(his)

529—6403

•

F_tx:

(618)

529—6416

Lisa Madigan

ATTORNEY GENERAL

DDH/pp

---

BEFORE

THE

ILLINOIS POLLUTION

CONTROL BOARD

PEOPLE OF THE

STATE OF

)

JUL

132005

ILLINOIS,

)

oTATE OF ILLINOIS

Pollution Control Board

Complainant,

vs.

)

No.

04-

139

(Enforcement-Land)

DECATUR FOUNDRY, INC.,

an Illinois corporation,

NOTICE

OF FILING

To:

Mr.

Samuel

R. Postlewait

Winters, Featherstun, Gaumer,

Postlewait,

Stocks

&

Flynn

225 North

Water

Street

P.O.

Box 1760

Decatur,

IL

62525

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

Environmental

EnforcementlAsbestos

D

BERT

.

ASCHEMEYE

Assistant Attorney General

Environmental Bureau

500

South

Second Street

Springfield,

Illinois 62706

217/782-9031

Dated: July11,

2005

-

1

---

CERTIFICATE OF SERVICE

I

hereby certify that

I

did

on July

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:

Mr.

Samuel

R.

Postlewait

Winters,

Featherstun, Gaumer,

Postlewait,

Stocks

& Flynn

225 North

Water Street

P.O.

Box

1760

Decatur,

IL

62525

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

a

H EMEYER

Assistant Attorney General

This filing

is submitted

on recycled paper.

---

BEFORE THE

ILLINOIS POLLUTION

CONTROL BOARD

CLERK’S OFFICE

JUL

132005

PEOPLE OF THE STATE OF ILLINOIS,

)

Pollution Control Board

Complainant,

VS

)

No.

04- 139

DECATUR FOUNDRY, INC.,

an

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

EnforcementlAsbestos

Liti

ation

Dvisio

BY:

~SAL~~

Environmental Bureau

Assistant Attorney General

500 South

Second Street

Springfield, Illinois 62706

217/782-9031

Dated:

July 11,

2005

2

---

BEFORE THE

ILLINOIS POLLUTION

CONTROL

PEOPLE OF THE STATE

OF ILLINOIS,

DECATUR FOUNDRY,

INC.,

an

Illinois

Respondent.

)

PCB

04-1

39

(Enforcement

-

STIPULATION

TABLE OF CONTENTS

I.

JURISDICTION

II.

AUTHORIZATION

1

1

III.

STATEMENT

OF FACTS

2

A.

Parties

B.

Site Description

C.

Allegations of Non-Compliance

D.

Admission of Violations

F.

Compliance Activities

to

Date

2

2

2

4

4

IV.

APPLICABILITY

V.

COMPLIANCE

WITH OTHER LAWS

AND REGULATIONS

-.

5

VI.

IMPACT ON THE

PUBLIC RESULTING

FROM ALLEGED

NON-COMPLIANCE

VII.

CONSIDERATION

OF SECTION

42(h)

FACTORS

6

VIII.

TERMS OF SETTLEMENT

8

A.

Penalty

Payment

B.

Future

Use

C.

Cease and

Desist

D.

Release from

Liability

E.

Right of Entry

F.

Enforcement of Board

Order

.8

.9

10

10

.11

.11

---

BEFORE

THE

ILLINOIS POLLUTION

CONTROL BOARD

CLERK’S

OFFICE

PEOPLE OF THE STATE

OF ILLINOIS,

)

JUL

132005

Claimant,

)

STATE OF ILLINOIS

Pollution

Control Board

VS.

)

PCB

04-1 39

(Enforcement

-

DECATUR FOUNDRY,

an

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

DECATUR

FOUNDRY,

INC.

ç’Respondent”),

represented

by

counsel,

Winters,

Featherstun,

Gaumer,

Postlewait,

Stocks

&

Flynn,

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 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.

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

1

---

party

whom they represent to enter into the terms and

conditions of this Stipulation and to

legally

bind them to

it.

Ill.

STATEMENT OF FACTS

A.

Parties

1.

On

February

6,

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.

B.

Site Description

At all

times

relevant

to the Complaint,

Respondent owned

and

operated

a foundry facility

located

at

1745

North

Illinois

Street,

Decatur,

Macon

County,

Illinois (“site”).

C.

Allegations of Non-Compliance

Complainant contends that the Respondent has violated the following provisions of the Act

and

Pollution

Control

Board regulations,

35 ILCS

100

et

seq.

(2002)

(“Board

Regulations”):

Count I:

Failed to determine if waste was hazardous waste in violation

of 415

ILCS 5/21

(2002)

and

35111.

Adm.

Code

722.111;

Failed to properly contain

and

mark waste accumulation in violation

of 415

ILCS

5/21

(2002)

and

35111.

Adm.

Code 722.134(a)(1),

(2)

and

(3);

Shipped

hazardous

waste

without

proper

manifest

and

annual

reports,

415

ILCS

5/21

(2002)

and

35

III.

Adm.

Code

722.120,

722.140 and

722.141;

and

Improperly storing

and

disposing

of

hazardous

waste,

415

ILCS

2

---

5/21(e)

(2002).

Count

II:

Failed to analyze waste in

violation of 415

ILCS

5/21

(2002)

and

35111.

Adm.

Code 725.113(a) and

(b);

Failed to

inspect

waste

areas

in

violation

of 415

ILCS

5/21

(2002)

and

35111.

Adm.

Code

725.115(a),

(b) and

(d);

Failed to train

personnel in violation of 415

ILCS 5/21

(2002) and

35

Ill.

Adm.

Code 725.116(a);

Failed

to test and

maintain equipment

in violation

of 415 ILCS 5/21

(2002) and

35

III.

Adm.

Code 725.133;

Failed

to make emergency arrangements with

local authorities with

local authorities in violation of 415

ILCS 5/21

(2002) and 35

III. Adm.

Code

725.137;

Failed to develop and maintain a contingency plan in violation

of 415

ILCS

5/21

(2002)

and

35

III.

Adm.

Code

725.151

and

725.153;

Failed to provide an on-scene emergency coordinator

in violation

of

415

ILCS

5/21

(2002) and

35

Ill.

Adm.

Code 725,155;

Failed

to

keep

an

operating

record

in

violation

of

415

ILCS

5/21

(2002) and

35

III.

Adm.

Code 725.173;

Failed

to

submit

an

annual

report

in

violation

of

415

ILCS

5/21

(2002)

and

35

III.

Adm.

Code 725.175;

Failed

to

provide

a

closure

plan,

a

post closure

plan

and

a

cost

estimate and financial assurance for closure in violation of 415 ILCS

5/21

(2002)

and

35

III.

Adm.

Code

725.212(a),

725.218(a),

725.242(a) and

725.243(a);

Operated

without

conducting

inspections

in

violation

of

415

ILCS

5/21

(2002) and

35

Ill.

Adm.

Code 725.274;

Failed

to

install

two

or more

liners

and

a

leachate collection

and

removal system

in violation of 415

ILCS 5/21

(2002) and 35111.

Adm.

Code 725.401(a);

Count III:

Disposal of baghouse dust and cupola waste as non-special

waste without first certifying

that

the waste

was

not special

waste

in

violation

of

415

ILOS

5/22.48

(2002)

and

35

Ill.

Adm.

Code

808.121 (a); and

Count

IV:

Operated

a

hazardous

waste

facility

and

stored

and

3

---

disposed of hazardous waste without submitting a,Resource

Conservation

and

Recovery

Act

(RCRA)

Part

A

permit

application

and

without

an

RCRA permit

in violation

of 415

ILCS

5/21

(2002)

and

35

Ill.

Adm.

Code

703.121(a)

and

703.150.

D.

Admission

of Violations

The

Respondent

represents

that

it

has

entered

into

this

Stipulation

for

the

purpose

of

settling

and

compromising

disputed

claims without

having

to

incur

the

expense

of

contested

litigation.

By entering

into

this Stipulation

and

complying with

its terms,

the Respondent does

not

affirmatively admit the allegations of violation within the Complaint and

referenced

within Section

lll.C herein,

and

this Stipulation shall not

be interpreted

as

including

such admission.

E.

Compliance Activities to

Date

Following discovery of alleged

non-compliance

in the

course

of a Compliance Assistance

Survey

in

April,

2001,

and

subsequent

Compliance

Evaluation

Inspection

in

May,

2001,

Respondent,

in consultation with

Illinois

EPA, and with the assistance of a consulting

professional

engineer licensed in the State of Illinois, acted to identify and eliminate alleged non-compliancewith

respect to testing, containing, marking, storing, and disposal of hazardous waste, and assuring that

compliance was achieved regarding waste analysis, inspection of waste areas,

personnel training,

testing

and

maintenance

of

equipment,

emergency

arrangements

with

local

authorities,

maintenance

of

a

contingency

plan,

and

annual

reporting

for

required

years.

Respondent

ultimately removed

and

properly disposed

of contaminated soil,

pursuant to terms outlined within

an

approved

RCRA Closure

Plan,

with

closure

successfully

completed,

as

set

forth

in

a

final

closure

report

submitted

to

the

Illinois

EPA

on

February

15,

2003.

A

follow

up

inspection

of

Respondent’s facility was conducted

by an Illinois

EPA inspector on

December 11,

2002, and

no

violations were observed.

4

---

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.

No change

in

ownership, corporate status or operator of

the facility shall

in any way

alter

the responsibilities of the Respondent under this Stipulation

and

Proposal

for Settlement.

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.

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.

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, ordeposits 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;

5

---

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;

2.

there

is

social

and

economic benefit to

the facility;

3.

operation of the facility was suitable for the area

in which it occurred;

4.

compliance with the requirements alleged to have been violated was

and

is both technically practicable and economically reasonable; and

5.

Respondent has

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 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

6

---

violations

of this Act

by the respondent;

6.

whetherthe 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 underthis Act, butwhich the respondent

is not otherwise legally

required

to perform.

In response

to these

factors,

the

parties

state

as follows:

1.

Complainant alleged violations

were ongoing

and

had

been for

some

time prior to

discovery by the

Illinois

EPA during

an

RCRA Compliance

Evaluation

Inspection conducted

April

12th,

April

1gth

May

gth

and

May 30,

2001.

2.

Respondent was diligent

in

attempting

to come

back

into compliance with the Act,

Board

Regulations

and

applicable

federal

regulations,

once

the

Illinois

EPA

notified

it

of

its

noncompliance.

3.

Respondent

received

an economic

benefit

as

a result

of

the alleged storing

and

disposing of waste

as non-hazardous, thus avoiding the

cost associated

with

management

and

disposal of its waste

as

hazardous waste.

4.

Complainant has

determined,

based

upon the

specific facts

of this matter,

that a

penalty

of

Forty Thousand

Dollars

($40,000.00)

will

serve

to

deter further violations

and

aid

in

future voluntary compliance with

the Act and

Board

Regulations.

5.

To Complainant’s knowledge, Respondenthas no previously adjudicated violations

of the Act.

6.

Self-disclosure is not at

issue

in

this matter.

7.

Thesettlement of this matter does notinclude a supplemental environmental project.

7

---

VIII.

TERMS

A.

Penalty Payment

1.

The

Respondent shall

pay

a

civil

penalty

in

the

sum

of

Forty

Thousand

Dollars

($40,000.00)

as follows:$25,000.00 to be

paid within thirty (30)

calendar days of

the entry of the

Board’s Order accepting this Stipulation;

$5,000.00

to

be

paid

within

7

months of the entry of the

Board Order;

$5, 000.00 to

be paid within

13 months of the entry of the Board Order; and $5,000.00

to

be

paid

within

19

months of the entry of the

Board

Order.

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

(“EPTE”) and

submitted

to:

Illinois

Environmental

Protection

Agency

Fiscal

Services Section

1021

North

Grand Avenue

East

P.O.

Box 19276

Springfield,

IL 62794-9276

The

name

and

number

of

the

case

and

Respondent’s

Federal

Employer

Identification

Number

(FEIN),

37-0628065,

shall

appear

on

the

check.

A

copy

of the

certified

check,

money order or record

of electronic funds transfer and

any

transmittal letter shall

be

sent

to:

Delbert D.

Haschemeyer

Assistant Attorney General

Environmental

Bureau

500

South

Second

Street

Springfield,

IL 662706

Kyle

Davis

Assistant Counsel

Illinois

Environmental protection Agency

1021

North

Grand Avenue East

P.O.

Box 19276

Springfield,

IL 62794-9276

2.

Pursuant to Section 42(g) of the Act, 415 ILCS 5/42(g) (2002),

interest shall accrue

8

---

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,

36

ILCS

5/1 003

(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 describe

above.

3.

For

purposes

of

payment

and

collection,

Respondent

may

be

reached

at

the

following

address:

Decatur Foundry,

Inc.

1745

N.

Illinois

Street

Decatur,

IL 62526

Telephone:

(217)

429-5261

Facsimile:

(217) 425-2834

With

a

copy of

any written

notice to:

R.

Samuel Postlewait, Attorney

Winters,

Featherstun, Gaumer,

Postlewait,

Stocks

&

Flynn

225

N.

Water,

Suite

200

P.O.

Box 1760

Decatur,

IL 62525-1 760

Telephone:

(217) 429-4453

Facsimile:

(217) 425-8892

4.

In the event of default of this Section VIllA, the Complainant shall be

entitled to

all

available relief including, but not limited to, reasonable costs of collection and reasonab!e attorneyts

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

9

---

Liability contained

in Section VIII. 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/cr

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 that were the subject matter of the Complaint as outlined

in Section

111.0

(“Allegations

of Non-Compliance”)

of this Stipulation.

D.

Release from Liability

In

consideration of the Respondent’s payment of the $40,000.00 penalty and any specified

costs

and

accrued

interest,

to

Cease

and

Desist

as

contained

in

Section

VIll.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 notextend

to any matters other than those

expressly

specified

in

Complainant’s

Complaint

filed

on

February

6,

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;

10

---

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 orjudicial,

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

(2002),

or entity other

than the Respondent.

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 AttorneyGeneral, her employees and representatives may

take photographs, samples,

and collect

information,

as they deem

necessary.

F.

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

11

---

be

severable,

and

should

any

provision

be

declared

by

a court

of

competent jurisdiction

to

be

inconsistent

with

state or federal

law,

and

therefore

unenforceable,

the

remaining

clauses shall

remain in full

force

and

effect.

WHEREFORE,

Complainant and

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

MATTHEW

3.

DUNN, Chief

Environmental

Enforcementl

Asbestos

Litigation

Division

BY:

THOMAS

DAVIS,

Chief

Environmental Bureau

Assistant Attorney General

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY

BY:

WILLIAM

D.

INGER

LL

Acting

Chief Legal

Counsel

DECATUR FOUNDRY,

INC.,

an

Illinois corporation

BY:

DATE:

C/~3

(o ~

DATE:

q7~e

4Z11

24~2..C

DATE:

Chief

12