1. IV. APPLICABILITY
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26, 2005
BEFORE THE ILLINOIS
POLLUTION
CONTROL BOARD
PEOPLE OF THE
STATE OF ILLINOIS,
)
Complainant,
)
)
)
)
FIRST ROCKFORD GROUP,
NC.,
an
Illinois
)
PCB 05-215
corporation,
VILLAGE
OF CHERRY
VALLEY,
an Illinois municipal corporation,
HERITAGE
ENGINEERING,
LTD.,
an
Illinois
corporation,
arid SCHLICHTING & SONS
EXCAVATING,
)
INC., an Illinois corporation,
)
Respondents.
NOTICE
OF
FILING
TO:
Sec Attached Service List.
PLEASE TAKE NOTICE that today,
September
26,
2005, the People of the State of
Illinois filed with the Illinois Pollution Control Board by electronic filing a Stipulation and
Proposal
for Settlement and Motion
for Relief from Hearing Requirement, true and correct
copies
of which are attached
and hereby served upon
you.
Respectfully submitted,
LISA MADIGAN
Attorney General
State of Illinois
MATTHEW
J.
DUNN, Chief
Environmental
Enforcement
Asbestos Litigation
Div
ion
BY:
~tl
QC
BRIDG
M.
CAR
SON
Assistant Attorney General
Environmental Bureau
188W. Randolph Street, Suite 2001
Chicago,
Illinois
60601
(312) 814-0608
Datc:
Septembcr 26, 2005
THIS
FILING IS SUBMIYFED
ON
RECYCLED PAPER
ELECTRONIC FILING,
RECEIVED,
CLERK’S OFFICE,
SEPTEMBER 26,
2005
SERVICE LIST
Mr.
John P.
Malburg
Heritage Engineering
Ltd.
345
Executive
Parkway
Suite MI
Rockford, Illinois 61125
Mr.
James
E. Stevens
Barrick, Switzcr,
Long,
Balsley
&
Van
Evera
One Madison Street
Rockford,
Illinois 61104
Mr.
Charles Hclsten
Hinsfiaw &
Culbertson
100
Park
Avenue
Rock ford,
Illinois 61105
Mr.
Jack D. Ward
Reno,
Zahm, Folgate,
Lindbcrg & Powell
2902
McFarland Road
Suite 400
Rockford, Illinois 61107
Mr. Bradley Hallorari
Hearing Officer
Illinois Pollution
Control Board
Jamcs
R.
Thompson Center
100 West
Randolph Strcct
Suite
11-500
Chicago,
Illinois
60601
ELECTRONIC
FILING,
RECEIVED, CLERK’S OFFICE,
SEPTEMBER
26,
2Q05
BEFORE THE
ILLINOIS POLLUTION
CONTROL
BOARD
PEOPLE
OF
THE STATE OF ILLINOIS,
Complainant,
)
)
)
FIRST ROCKFORD GROUP,
INC., an Illinois
)
PCB 05-2 IS
corporation,
VILLAGE OF CHERRY
VALLEY,
an
Illinois municipal corporation, HERITAGE
ENGINEERING, LTD., an
Illinois
corporation,
and
SCHLICHTING & SONS EXCAVATING,
INC.,
an
Illinois corporation,
)
Respondents.
MOTION
FOR
RELIEF
FROM HEARING
REQUIREMENT
FOR STIPULATION
AND
PROPOSAL FOR SETTLEMENT
WITH HERITAGE
ENGINEERING
LTD.
NOW
COMES Complainant, PEOPLE OF THE STATE OF
ILLINOIS,
ex
rc’/.
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 (“Board”) grant the Complainant and the Respondent, Heritage
Engineering,
in the above-captioned matter, relief from the hearing requirement imposed by
Section 31(c)(l) of the Act, 415
ILCS 5/31(c)(l)(2002).
In support ofthis motion, Complainant
states
as
follows:
1.
The Complaint in this matter alleges violations of Section
15
of the
Act, 415
ILCS 5/15(2002) and Section 602.101(a) of the Board’s Public Water Supplies Regulations, 35
Ill. Mm.
Code 602.101(a).
2.
Complainant is filing this Motion and a Stipulation and Proposal for Settlement
with
the Board.
3.
The parties, People of the
State of Illinois and Heritage Engineering, have reached
ELECTRONIC
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RECEIVED,
CLERK’S OFFICE,
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26, 2005
agreement
on
all outstanding
issues
in this
matter.
4.
This agreement
is presented
to the Board
in a
Stipulation and Proposal
for
Settlement
filed this same date.
5.
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)
olthe
Act, 415
ILCS 5/31(c)(2)(2002).
WHEREFORE, Complainant, PEOPLE
OF
THE STATE OF
IlLINOIS, hereby requests
that the
Board grant this motion
for relief from
the hearing requirement set
forth
in Section
31(c)(I) ofthe Act, 415 ILCS
513l(c)(l)(2002).
Respectfully submitted,
PEOPLE OF THE STATE OF
ILLINOIS
LISA MADIGAN
Attorney General
State of Illinois
MATTHEW J. DUNN,
Chief
Environmental Enforcement)
Asbestos Litigation
Divisio
BY:
____________________
BRIDGEIPM.
CARLSON
Assistant Attorney General
Environmental Bureau
188 W.
Randolph St.,
20th Floor
Chicago,
Illinois
60601
(312) 814-0608
i~
1-115
FILING
IS SIJBM IfltD ON
RECYCLE!) PAPER
2
ELECTRONIC FILING,
RECEIVED, CLERK’S OFFICE,
SEPTEMBER
26, 2005
BEFORE THE
ILLINOiS
POLLUTION
CONTROL BOARD
PEOPLE OF THE
STATE
OF ILLINOIS,
)
Complainant,
)
)
)
)
FIRST ROCKFORD GROUP, INC., an Illinois
)
PCB
05-2 15
corporation, VILLAGE OF CHERRY VALLEY,
)
-
an Illinois municipal corporation, HERITAGE
ENGINEERING, LTD., an
Illinois corporation,
)
and SCHLICHTING
&
SONS
EXCAVATING,
)
INC.,
an Illinois corporation,
)
)
Respondents.
)
STIPULATION
AND PROPOSAL
FOR SETTLEMENT WITh
HERITAGE ENGINEERING
Complainant, PEOPLE
OF THE STATE
OF ILLINOIS, by LISA MADIGA.N, Attorney
General of the State of Illinois, the Illinois Environmental Protection Agency (“Illinois EPA”),
and Respondent, HERITAGE ENGINEERING, LTD.
(“Heritage”), an Illinois
corporation,
(collectively “the parties”) 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
ofsettlement 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 otherwiseprovided herein.
If the Board
approves and enters this Stipulation, Respondent Heritage agrees to be bound by the Stipulation
ELECTRONIC
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RECEIVED, CLERK’S
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SEPTEMBER
26,
2005
and Board Order and not
to contest their validity in any subsequent proceeding to
implement
or
enforce their terms.
This Stipulation in no way releases
or otherwise compromises the violations
and liabilities alleged by
the Complainant against the Respondents, the Village
of Cherry Valley,
First Rockford Group
Inc.
or
Schlichting
and Sons Excavating Inc.
Respondents the Village of
Cherry Valley, First
Rockford Group
Inc. or Schlichting and Sons Excavating Inc.
are not
signatories to this stipulation.
I.
JURISDICTION
The Board has jurisdiction of the subject matter herein and of the panics consenting
hereto pursuant to the Illinois Environmental Protection
Act (“Act”), 415 ILCS 5/1
ci seq.
(2002).
-
H.
AUTHORIZATION
Thc undersigned representatives for each party certify that they arc
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.
Panics
-
I.
On June
15, 2005, a Complaint was
filed
on behalf of the People ofthe State of
Illinois
by Lisa Madigan, Attorney General
of the State ofIllinois, on her own motion and upon
2
ELECTRONIC
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RECEIVED, CLERK’S OFFICE,
SEPTEMBER
26, 2005
the request of the Illinois EPA, pursuant to Section 31
of the Act, 415
ILCS 5/31(2002), against
the Respondent Heritage.
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 Heritage,
was and
is an
Illinois
corporation that is authorized to transact business
in the State of Illinois.
The
principal business
address for Heritage is 345 Executive Parkway,
Suite Ml, Post Office Box
5145, Rockford,
Illinois 61125-0145.
B.
Site Description
1.
The sitewbere the violations occurred isa development project at the Golf Hill
subdivision (“Site”), a 78 home development located in Cherry Valley,
Winnebago County,
Illinois.
2.
Respondent, Heritage, acted
as the engineer developing Site
grading plans,
potable water and sewer installation plans.
Heritage assisted
in
completing the
necessary permit
application forms for development work at the Site.
3.
Respondent Heritage prepared a construction permit application for the developer,
RespondentFirst Rockford Group,
for the installation of potable water lines to service the Site.
Respondent First Roekford Group and Respondent Heritage signed the permit application on
September 24, 2003.
After September 24, 2003, on a date better known to Respondent Heritage,
the permit application was submitted to the Illinois EPA.
.
-
4.
On October 28, 2003, prior to the issuance of a construction permit for the project
3
ELECTRONIC FILING,
RECEIVED, CLERKS
OFFICE,
SEPTEMBER 26,
2005
by
the
Illinois
EPA, the Respondent Heritage caused or allowed
the commencement of the
construction of the potable water supply lines
at the development Site.
5.
On or about November
II,
2003
the
Illinois EPA received information that
construction had begun on a potable water supply line at the
Site, prior to the issuance of a
construction permit
for the project by the Illinois EPA.
6.
An Illinois EPA potable water line construction permit was ultimately issued
for
the Site
on November
18, 2003.
7.
As a result of the Respondent’s construction of potable water lines without a
construction permit at the Site, the
Illinois
EPA sent
Respondent 1-leritage a violation notice on
May
18, 2004.
-
C.
Allegations of Non-Compliance
Complainant contends that Respondent Heritage has violated the following provisions of
the Act and Board regulations:
Count I:
Construction of Potable Waterlines without a Permit
—
Violation of Section
15
of the Act, 415 ILCS 5/15(2002)
and Section 602.101(a) of the Board’s Public Water
Supplies Regulations,
35
Ill. Adm. Code 602.101(a).
D.
Admission of-Violations
-
-
The Respondent Heritage admits to
the violations alleged in the Complaint filed in this
matter
and referenced within
Section ffl.C herein.
4
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26, 2005
E.
Compliance Activities
to
Date
I.
On November
18, 2003
the Illinois
EPA issued a construction permit for the
installation of potable water lines at the Site.
2.
As of November
18, 2003, Heritage has been in compliance with the construction
permit requirements of the Illinois EPA, relating to
the installation of potable water lines which
are the subject matter of this action.
IV.
APPLICABILITY
This Stipulation shall apply to and be binding upon
thc Complainant and
the Respondent
Fleritage, and any officer, director, agent, or employee of the Respondent Heritage,
as well as any
successors or assigns of the Respondent Heritage.
The Respondent Heritage 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
sl4ch action as shall
be
required
to comply with the provisions of this Stipulation.
No changc
in ownership, corporate status
or operator of the Site
shall in any way alter the
responsibilities of the Respondent Heritage under this Stipulation and Proposal for
Settlement.
In the event of any conveyance of title, easement or other interest in
the Site, the Respondent
Heritage shall continue to be bound by and remain liable for performanceof all obligations under
this Stipulation.
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S
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ELECTRONIC FILING,
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26,
2005
V.
COMPLIANCE
WITH OTHER LAWS AND REGULATIONS
This
Stipulation in no way affects the responsibilities of the Respondent Heritage to
comply with any other federal, state or local laws or regulations
including, but not limited
to,
the
Act and the Board regulations,
35111.
Adm. Code, Subtitles A through H.
VI.
IMPACT ON THE
PUBLIC RESULTING
FROM ALLEGED NON-
COMPLIANCE
Section
33(c) of the Act,
415
LCS
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:
I.
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 ofpriority 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.
Human health and the environment were minimally threatened by the Respondent
Heritage’s violations and the Illinois EPA’s information gathering responsibilities hindered by
6
ELECTRONIC FILING,
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26, 2005
the Heritage’s violations.
Obtaining construction permits prior to construction of a water supply
structure is the primary and essential means Illinois EPA has to ensure the structural integrity
of
the lines are intact and the water supply lines
are constructed in
a manner protective of public
health and the
environment.
2.
There
is social and economic benefit to the installation of the potable water source
which is
the subject matter of this litigation.
Heritage, by causing
or allowing construction
of the
potable waterline, permitted
water service to reach the residential development.
3.
Operation of the potable
water line was suitable for the area in which
it occurred.
4.
The proper construction permits were issued for the Site approximately 21
days
after construction
began.. The installation of the water source was technically practical and
economic reasonable for this development
Site.
5.
Heritage has been in compliance
with the Illinois EPA requirements for the
installation ofthe potable water source since the November
18,2003 issuance of the
construction
permit.
-
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:
I.
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;
7
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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 ôompliance
with this Act by
the respondent and other persons
similarly subject to the
Act;
S.
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 not
otherwise legally required to perform.
In response to these factors, the parties
state as follows:
1.
Heritage acted
as engineer and technical advisor to the
developer of the Site
in
preparing the potable water line
construction permit application for the project.
Obtaining
construction permits prior to construction
is the primary and essential means Illinois EPA has to
ensure adequate water supply structures are constructed to protect public health and the
environment.
The duration Heritage remained in violation
was twenty-one (21) days.
2.
Heritage assisted the developer in obtaining the construction permit by providing
engineering expertise in developing plans and completing the construction permit application for
the potable water line at the Site.
Heritage was diligent in attempting to return to compliance
with the requirements ofthe Act.
-
-
3.
It does not appear that Heritage gained any economic
benefit from the
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ELECTRONIC
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RECEIVED,
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2005
construction of the potable water line
in question on October 28, 2003, prior to
issuance of the
construction permit for the project.
The penalty obtained in this matter includes any economic
benefit Heritage may have received.
4.
Complainant has determined, based upon the specific
facts of this matter that a
penalty of Two Thousand Five Hundred Dollars ($2,500.00) will serve
to deter further violations
and will
aid in future voluntary compliance with the Act and Board regulations.
The civil
penalty agreed to by Complainant and Heritage should impress upon Heritage and similarly-
situated consultants, the need
to ensure construction permits are
in
place prior to initiating
construction activities.
5.
The Illinois EPA is
presently unaware of prior enforcement actions
against
Heritage.
6.
Heritage did
not disclose the violations noted above to the Illinois EPA.
7.
Heritage has not proposed any supplemental environmental projects to resolve this
maimer.
VIII.
TERM-S OF SETTLEMENT
A.
Penalty
Payment
1.
The Respondent Heritage shall pay a civil penalty in the sum of Two Thousand
Five Hundred Dollars ($2,500.00) within thirty (30) days from the date the Board adopts and
accepts this Stipulation.
The Respondent Heritage 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 makethe penalty payment on behalf
of Respondent, within thirty (30) days from the date the Board adopts and accepts this
9
ELECTRONIC
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26, 2005
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,
IL 62794-9276
The name and number of the case and
Heritage’s Federal Employer Identification
Number
(PEN) shall appear on
the check.
A copy of the certified cheek, money order
or record of
electronic
funds transfer and any transmittal
letter shall be sent to:
Ms. Bridget
M. Carlson
Assistant Attorney General
Environmental Bureau
.
-
188W. Randolph St., 20” Floor
Chicago, ijlinois 60601
-
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 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 cheek, 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.
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3.
For purposes of payment and collection, Heritage may be reached at the following
address:
Mr. John Malburg
Heritage Engineering Ltd.
345
Executive Parkway, Suite Ml
-
-
Post Office
Box
5145
Rockford, Illinois
61 125-0145
Mr. Curtis Tobin
Tobin & Ramon
530 South State Street
Suite 200
Belvedere,
Illinois 61008
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 reasonable
attorney’s 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 Liability contained in
Section Vffl,D,
below, the Respondent Heritage hereby
agrees that this Stipulation may be used against the Respondent Heritage 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 Heritage agrees to waive any rights to contest, in
-
11
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any subsequent enforcement action or permit proceeding, any allegations that these alleged
violations were adjudicated.
C.
Cease and Desist
-
Respondent Heritage shall cease and desist
from future violations
of 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
lll.C. of this
Stipulation.
D.
Release from
Liability
Inconsideration
of the Respondent Heritage’s payment of the $2,500.00 penalty and any
specified costs and accrued
interest, completion
of all activities required hereunder,
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 Heritage 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 June
15, 2005.
The Complainant reserves, and this
Stipulation
is without prejudice to,
all
rights of the State of Illinois against the Respondent
Heritage 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;
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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 3.315 of the Act, 415 ILCS 5/3.315, or entity other than the Respondent
Heritage.
E.
Correspondence,
Reports and Other
Documents
Any and all correspondence,
reports and any other documents required under this
Stipulation, except for payments pursuant to Sections Vffl.A (“Penalty Payment”) shall be
submitted
as follows:
Asto the Complainant
Ms. Bridget
M. Carlson
Assistant Attorney General
Environmental Bureau
-
188W. Randolph St.,
20th
Floor
Chicago, Illinois
60601
Mr. Charles Gunnarson
Assistant Counsel
Illinois
Environmental Protection Agency
1021
North Grand -Avenue East
P.O. Box
19276
Springfield, Illinois 62794-9276
-
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-
As
to the Respondent
Mr.
John Malburg
-
Heritage Engineering Ltd.
345 Executive Parkway, Suite MI
Post Office
Box
5145
Roekford,
Illinois 61125-0145
F.
Enforcement
of
Board
order
L
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 Heritage 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.
Thc 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 Heritage 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.
-
TEE
REMAINDER OF THIS PACE IS INTENTIONALLY LEVI
BLM4K
14
ELECTRONIC FILING,
RECEIVED,
CLERK’S OFFICE,
SEPTEMBER 26, 2005
WHEREFORE, Complainant and Respondent Heritage 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
Enforcementl
Asbestos Litigation
Division
BY:
__________________
DATE
_______________
ROSEMARIE
CAZEAU, Chief
Environmental Bureau
Assistant Attorney General
ILLINOIS
IRONMENTAL PROTECTION
AGENCY
BY;
____________________
DATE:________________
WILLIAM D. 1NG’K~SOLL
Acting Chief Legal cib~nsel
DATE:________
President
16
ELECTRONIC
FILING,
RECEIVED, CLERK’S OFFICE,
SEPTEMBER
26, 2005
WHEREFORE, Complainant and Respondent Heritage request that the
Board adopt and
accept
the
foregoing Stipulation and Proposal for Settlement
as written.
PEOPLE OF THE STATE OF ILLlt’~OIS,
LISA MADIGAN
Attorney General
State of Illinois
MATTHEW J. DUNN, Chief
Environmental Enforcement!
Asbestos Litigation Division
-
BY:
DATE:_____
_____
Environmental Bureau
Assistant Attorney General
-
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY
-
BY;
DATE:
flue)
~ç
~(
R
ERTA.
SSINA
Chief Legal Counsel
HERITAGE ENGINEERING LTD.
-
BY:
_________________
DATE:
JOHN MALBURG
Its President
15
ELECTRONIC FILING,
RECEIVED, CLERK’S OFFICE,
SEPTEMBER
26, 2005
CERTIFICATE
OF SERVICE
I, BRIDGET M. CARLSON,
an
Assistant Attorney General, certify that on
the
26th day
of September 2005,
1 caused to
be served by-First Class Mail the foregoing
Stipulation and
Proposal for Settlement and Motion
for Relief from
Hearing Requirement to the parties named
on
the attached Service List, by
depositing same
in postage prepaid envelopes with the
United
States Postal Service located
at
100 West Randolph
Street, Chicago,
Illinois 6060!.
-
BRDQVT
M
CARLSON

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