BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF RLLINOIS,)
Complainant,)
- Vs
-
)
PCB No. 05-28
)
(Enforcement
-
Air)
COLOR COMMUNICATIONS,
INC.,
an Illinois
corporation,)
Respondent.)
NOTICE OF FILING
* TO:
See Attached Service List
(VIA ELECTRONIC FTLING)
PLEASE TAKE NOTICE that today I have filed with the Office of the Clerk of the
* Illinois Pollution Control Board by electronic filing the following Stipulation and Proposal for
Settlement and Motion to Request Relief from Hearing Requirement, copies of which are
attached and hereby served upon you.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN
Attorney General
State of Illinois
BY:
?t1d&
6'
PAULA BECKER WHEELER
Assistant Attorney General
Environmental Bureau
188 W. Randolph St.,
2 0th
Floor
Chicago, Illinois 60601
312-814-1511
DATE: September 16, 2005
THIS FILING IS SUBMITTED ON RECYCLED PAPER
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 16, 2005
SERVICE LIST
Bradley Halloran
Hearing Officer
100
West Randolph Street
I1I'
Floor
Chicago, IL.
60601
Mr. Karl Karg
Latham & Watkins
Sears Tower, Suite 5800
233 S. Wacker Drive
Chicago, EL
60606
Mr. William Seith
Attorney at Law
631 E. Butterfield Road
Suite 315
Lombard, IL
60148
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 16, 2005
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,)
Complainant,)
)
PCB 05-28
COLOR COMMUNICATIONS, INC., an Illinois)
corporation,
)
(Enforcement
-
Air)
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 hearing
requirement in the above-captioned matter.
In support thereof, the Complainant states as
follows:
I .
On August 13, 2004, a Complaint was filed with the Pollution Control Board
("Board") in this matter.
On September 16, 2005, a Stipulation and Proposal for Settlement was
filed with the Board.
2.
Section 3 1(c)(2) of the Illinois Environmental Protection Act ('Act"), 415 ILCS
5/3 1
(c)(2), (2004), allows the parties in certain enforcement cases to request relief from the
mandatory hearing requirement where the parties have submitted to the Board a stipulation and
proposal for settlement.
Section 3 1
(c)(2) provides:
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 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 (I) 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).
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 16, 2005
3.
No hearing is currently scheduled in the instant case.
4.
The Complainant requests the relief conferred by Section 3 1 (c)(2) of the Act.
WHEREFORE, the Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA
MADIGAN, Attorney General of the State of Illinois, requests relief from the requirement of a
hearing pursuant to 415 ILCS 5/3 1(c)(2), (2004).
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN
Attorney General of the State of Illinois
By:
Pae
&t&,-k/~
PAULA BECKER WHEELER
Assistant Attorney General
Environmental Bureau
188 W. Randolph St., 20th Fl.
Chicago, Illinois
60601
(312) 814-1511
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 16, 2005
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
PCB 05-28
V.
')
(Enforcement -Air)
COLOR COMMUNICATIONS, 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 COLOR
COMMUNICATIONS, INC., ("Respondent" and/or "Color
Communications"), have agreed to the making of this Stipulation
and Proposal for Settlement ("Stipulation") and submit it to the
Illinois Pollution Control Board ("Board") for approval.
The
parties agree that the statement of facts contained herein
represents a fair summary of the evidence and testimony which
would be introduced by the parties if a hearing were held.
The
parties further stipulate that this statement of facts is made
and agreed upon for purposes of settlement only and that neither
the fact 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
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 16, 2005
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 TLCS 5/1 et
seq.
(2
002)
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 August 13, 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).
2
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 16, 2005
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
1.
At all times relevant to the Complaint, Respondent
owned and operated two facilities located at 4000 W. Filirtore and
4242 W'. Fillmore, Chicago, Cook County, Illinois ("Site").
2.
The 4000
W.
Fillmore facility and the 4242 W. Fillmore
facility are adjacent to one another and are considered to be a
single source of air emissions for the purposes of the Clean Air
Act Permit Program ("'CAAPP") administered and enforced by
Illinois EPA.
3.
Color Communications is engaged in the manufacture of
customized color display systems such as color books and cards,
color selection books, and swatch cards and showroom books for
the automotive, decorative fabric, furniture, paint, paper,
plastid laminate, textile, wall covering, and window treatment
industries.
4.
Operation of the air emission sources and control
equipment at the 4000 W. Fillmore and 4242 W. Fillmore facilities
was and is authorized pursuant to CAAPP permit 95090040 issued to
Color Communications by Illinois EPA on November 1, 1999 and
revised on June 25, 2001 ("CAAPP Permit 95090040"1)
3
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 16, 2005
C.
Allegations of Non-Compliance
1. Allegations alleged in the Complaint
Complainant contends that the Respondent has violated the
following provisions of the Act and Board regulations:
Count I:
FAILURE TO MAINTAIN AND OPERATE PERMANENT TOTAL
ENCLOSURE AND ACHIEVE REQUIRED CONTROL EFFICIENCY
ON COATING LINE #3, in violation of Section 9(a)
of the Act, 415 ILCS 5/9(a) (2002) and Section
218.207(b) (1) of the Board's Air Pollution
Regulations, 35 Ill. Adm. Code 218.207(b
)(1);
Count II:
FAILURE TO REPORT NONCOMPLIANCE ON COATING LINE
#3, in violation of Section 9(a) of the Act, 415
ILCS 5/9(a) (2002) and Section 218.211(e) (3.)(A) of
the Board's Air Pollution Regulations, 35 Ill.
Adm. Code 218..211 Ce) (3) (A);
Count III:
FAILURE TO PROVIDE AN ERMS ACCOUNT OFFICER AND
CERTIFY ERMS SUBMITTALS, in violation of Section
9(a) of the Act, 415 ILCS 5/9(a) (2002) and
Section 205.620(a) of the Board's Air Pollution
Regulations, 35 Ill. Adm. Code 205.620 (a);
Count IV:
VIOLATIONS OF THE CAAPP PERMIT RELATING TO THE
FLEXOGRAPHIC PRINTING LINES, in violation of
Section 39.5(6) (a) of the Act, 415 ILCS
5/39.5(6) (a) (2002) and Conditions 7.3.6 and
7.3.10(b) of CAAFP permit 95090040 issued to
Color Communications, effective November 1, 1999,
and revised, effective June 25, 2001;
Count V:
VIOLATIONS OF THE CAAPP PERMIT RELATING TO
COATING LINE #3, REPORTING, AND THE ERMS ACCOUNT
OFFICER, in violation of Section 39.5(6) (a) of
the Act, 415 ILCS 5/39.5(6) (a) (2002), and
Conditions 7.1.3(c), 7.1.5(b),(c),(e), 7.1.6(f),
7.1.10(a), 8.6.1, 9.8 and 6.4(c) of CAAPP permit
95090040.
4
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 16, 2005
2. Additional Alleged Violations
a.
On October 27, 2004, the Illinois EPA issued
a Violation Notice letter to the Respondent informing it of
reporting and record-keeping violations of the CAAPP permit and
Board regulations.
The letter advised Respondent that it was in
apparent violation of the following environmental statutes and
regulations:
I.
Sections 9(a) and 39.5(6) (a) of the Act:
violations of CAAPP Permit No. 95090040, Condition
6.6 (a);
ii.
Sections 9(a) and 39.5(6) (a) of the Act and
35 Ill. Adm. Code 205.300(b): violations of CAAPP
Permit No. 95090040, Condition 6.7(a);
iii.
Sections 9(a) and 39.5(6) (a) of the Act and
35 Ill. Adm. Code 205.150(c) : violations of CAAPP
Permit No. 95090040, Condition 6.3(a); and
iv.
Sections 9(a) and 39.5(6) (a) of the Act:
violations of CAAPP Permit No. 95090040 Conditions
7.1.9(b), 7.2.12, 7.4.9, 8.6.1, and 9.2.1;
b.
It is the parties' intent that all of these
alleged violations of the Act, the Board's Air Pollution
regulations, 35 Ill1. Adm. Code Subtitle B, and the Respondent's
CAAPP Permit No. 95090040 be resolved through this Stipulation
and Proposal for Settlement.
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
5
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 16, 2005
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 III.C herein, and this Stipulation shall not be
interpreted as including such admission.
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 Ill. Adm. Code, Subtitles A through H.
VI. IMPACT ON THE PUBLIC RESULTING FROM ALLEGED NON-COMPLIANCE
Section 33 Cc) of the Act, 415 TICS 5/33 Cc) (2002)
,
provides
as follows:
6
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 16, 2005
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:
i.
Complainant contends and Respondent denies that human
health and the environment were threatened and the Illinois EPA's
information gathering responsibilities were hindered by the
Respondent's alleged violations.
2.
The manufacturing facilities that are the subject of
the Complaint have social and economic value.
3.
The manufacturing facilities that are the subject of
the Complaint are suitable to the areas in which they are
located.
7
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 16, 2005
4.
Compliance with the requirements of the Act, the Board
Air Pollution Regulations and the CA-APP Permit 95090040 is both
technically practicable and economically reasonable for the
Respondent.
S.
Complainant states that Respondent has subsequently
complied with the Act, the Board Regulations, and its CAAPP
Permit 95090040.
VII. CONSIDERATION OF SECTION 42(h) FACTORS
Section 42(h) of the Act, 415 ILCS 5/42(h) (eff. 01/01/2004),
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
previbusly adjudicated violations of this Act by the
respondent;
8
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 16, 2005
6.
whether the respondent voluntarily self-disclosed, in
accordance with subsection I of this Section, the non-
compliance to the Agency; and
7.
whether the respondent has agreed to undertake a
"supplemental environmental project," which means an
environmentally beneficial project that a respondent
agrees to undertake in settlement of an enforcement
,action brought under this Act, but which the respondent
is not otherwise legally required to perform.
In response to these factors, the parties state as follows:
1.
The violations that are the subject of the Complaint
are alleged by Complainant to have occurred over various time
frames, the longest being approximately 5 years. Respondent
maintains that the longest time frame for any of the alleged
violations was no more than 2 months.
The parties agree that all
alleged violations were resolved by the Respondent within a short
time of being notified by the Complainant.
2.
Respondent was diligent in attempting to come back into
compliance with the Act, Board regulations and its applicable
CAAPP permit, once the Illinois EPA notified it of its
noncompliance.
3.
The Respondent may have accrued a nominal economic
benefit by avoiding timely repair of equipment, the timely
appointment of the ERMS Officer, and the failure to demonstrate
compliance with all air emission requirements.
The parties
stipulate that the payment amount agreed to herein is greater
than the total economic benefit arising from delayed and/or
avoided costs.
9
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 16, 2005
4.
Complainant has determined, based upon the specific
facts of this matter, that a payment of $90,000 will serve to
deter future violations and aid in future voluntary compliance
with the Act and Board regulations.
5.
To Complainant's knowledge, Respondent has one prior
case which was settled with a Consent Order in 2002, which
included violations for failing to obtain operating permits,
failing to comply with emission limitations, and failing to
comply with reporting, certification and record-keeping
requirements.
The case number for the above Consent Order is
99 C 4489, and the case was filed in the United States District
Court, for the Northern District of Illinois, Eastern Division.
6.
Self-disclosure is not at issue in this matter.
7.
The settlement of this matter does not include a
supplemental environmental project.
VIII. TERMS OF SETTLEMENT
A.
Monetary Payment
1.
The Respondent shall pay the sum of Ninety Thousand
Dollars ($90,000.00) 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
10
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 16, 2005
Respondent, Respondent shall pay within thirty (30) days from the
date the Board adopts and accepts this Stipulation, in a manner
prescribed below.
The payment described in this Stipulation
shall be made by certified check, money order or electronic funds
transfer payable to the Illinois EPA, designated to the Illinois
Environmental Protection Trust Fund and submitted to:
Illinois Environmental Protection Agency
Fiscal Services Section
1021 North Grand Avenue East
P.O'. Box 19276
Springfield, IL 62794-9276
The name and number of the case and Respondent's Federal Employer
Identification Number (FEIN), 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:
Paula Becker Wheeler
Assistant Attorney General
Environmental Bureau
188 W. Randolph St.,
2
0 th
Floor
Chicago, Illinois 60601
Robb Layman
Assistant Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
2.
Pursuant to Section 42(g) of the Act, 415 ILCS 5/42(g)
(2002), interest shall accrue on any payment not paid within the
time period prescribed above at the maximum rate allowable under
Section 1003 (a) of the Illinois Income Tax Act, 35 ILCS 5/1003
(2002)
.
Interest on any unpaid payment shall begin to accrue
11
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 16, 2005
from the date the payment is due and continue to accrue until the
date payment is received. When partial payment(s) are made, such
partial payment shall be first applied to any interest on unpaid
payment then due and owing. All interest on payment owed shall
be paid by certified check, money order or electronic funds
transfer, payable to the Illinois EPA, designated to the Illinois
Environmental Protection Trust Fund and delivered to the address
and in the manner described above.
3.
For purposes of payment and collection, Respondent may
be reached at the following address:
Steve Winter
President
Color Communications, Inc.
4000 West Fillmore Street
Chicago, IL 60624-3905
4.
In the event of default of this Section VIIT.A, the
Complainant shall be entitled to all available relief including,
but not limited to, reasonable costs of collection and reasonable
attorney's fees.
B.
Payments Not Deductible
The Parties agree that any payments made pursuant to this
Stipulation shall not be tax deductible, and the Defendant agrees
that it shall make no claim of deductibility in filing any tax
return.
12
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 16, 2005
C.
Future Use
Notwithstanding any other language in this Stipulation to
the contrary, and in consideration of the mutual promises and
conditions contained in this Stipulation, including the Release
from Liability contained in Section VIII.E, 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.
D.
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 III.C ("Allegations of Non-
Compliance") of this Stipulation.
E.
Release from Liability
In consideration of the Respondent's payment of the
$90,000.00 and any costs and accrued interest specified in
Section VIII.A, to Cease and Desist as contained in Section
13
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 16, 2005
VIII.D 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 and as alleged in Section III.C of this
Stipulation. The release set forth above does not extend to any
matters other than those expressly specified in Complainant's
Complaint filed on August 13,
2004,
and those additional matters
alleged in Section III.C of this Stipulation.
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
14
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 16, 2005
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, its employees, officers and directors.
F.
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.
G.
Correspondence. Reports and Other Documents
Any and all correspondence, reports and any other documents
required under this Stipulation, except for payments pursuant to
Section VIlILA ("Monetary Payment') of this Stipulation shall be
submitted as follows:
As to the Complainant
Paula Becker Wheeler
Assistant Attorney General
Environmental Bureau
188 W. Randolph St., 201h Floor
Chicago, Illinois 60601
Robb Layman
Assistant Counsel
15
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 16, 2005
Illinois EPA
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
Marcus Hatch
Illinois Air Inspector
Illinois EPA
9511 West Harrison
Des Plaines, IL
60016
As to the Respondent
Steve Winter
President
Color Communications, Inc.
4000 West Fillmore Street
Chicago, IL 60624-3905
H.
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 for any modification shall be made in writing and
submitted to the contact persons identified in Section VIII.G.
Any such 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.
16
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 16, 2005
I.
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 or federal
law, and therefore unenforceable, the remaining clauses shall
remain in full force and effect.
(THE REST OF THIS PAGE IS LEFT INTENTIONALLY BLANK)
1.7
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 16, 2005
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 J. DUNN, Chief
Environmental Enforcement/
Asbestos Litigation Division
BY:
_
_
_
_
_
_
_
_
_
_
_
DATE:
_
_
_
_
_
_
_
_
_
ROSEMARIE CAZEAU, Chief
Environmental Bureau
Assistant Attorney General
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY
BY:
DATE:
Chief Legal Counsel
COLOR COMMUNICATIONS, INC.
BY:
p/
-
DATE:
A~~V/2~
Name:
KZ-.
Title:
rrj.
FEIN: 36-2441846
1 8
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 16, 2005
PEOPLE OF THE STATE OF ILLINOIS,
LISA MADIGAN
Attorney General
State of Illinois
MATTHEW J. DUNN, Chief
Environmental Enforcement/
Asbestos Litigation Division
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Assistant Attorney General
ILLINOIS ENVIRONMENTAL PROTECTION
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Chief Legal C ~nsel
COLOR COMMUNICATIONS, INC.
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18
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 16, 2005
CERTIFICATE OF SERVICE
I, PAULA BECKER WHEELER, an attorney, do certify that I
caused to be served this 16th day of September, 2005,
the
foregoing Notice of Filing, Stipulation and Proposal for
Settlement, and Motion to Request Relief from Hearing Requirement
upon the persons listed on said Notice, by U.S. MAIL.
V
PAULA BECKER WHEELER
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 16, 2005
