BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARDl
PEOPLE
OF
THE STATE
OF
ILLINOIS,
Complainant,
-vs-
No. 04-7
4832
S. VINCENNES,
L.P.,
an
(Enforcement-
Air)
Illinois
limited
partnership,
and
BATTEAST
CONSTRUCTION
COMPANY,
INC.,
an
Indiana
corporation,
Respondents.
TO: See
Attached
Service
List
(VIA
ELECTRONIC
FILING)
NOTICE
OF FILING
PLEASE
TAKE
NOTICE
that
I
have
filed
with
the office
of the
Clerk
of the
Illinois
Pollution
Control
Board
by
electronic
filing
a Motion
to
Request
Relief
from
Hearing,
and a
Stipulation
and Proposal
for
Settlement
as
to Batteast
Construction
Company,
Inc.
Only,
copies
of
which
are attached
herewith
and served
upon
you.
Respectfully
submitted,
PEOPLE
OF
THE STATE
OF ILLINOIS
LISA
MADIGAN
Attorney
General
of the
State
of Illinois
BY:
_ _
_
_
_
_
__
PAULA
BECKER
WHEELERA
Assistant
Attorney
General
Environmental
Bureau
188
W. Randolph
St.,
2 0
eh
Flr.
Chicago,
IL
60601
(312)
814-1511
Date:
December
30, 2005
17I'S FILING
IS
MADE
ON RECYCLED
PAPER
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 30, 2005
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
PEOPLE
OF
THE STATE
OF ILLINOIS,
Complainant,
-vs-
No.
04-7
4832
S.
VINCENNES,
L.P.,
an)
(Enforcement-
Air)
Illinois
limited
partnership,
and
BATTEAST
CONSTRUCTION
COMPANY,
INC.,
an
Indiana
corporation,
Respondents.
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:
1.
On November
6,
2003,
the First
Amended
Complaint
was
accepted
for hearing
by the
Pollution
Control
Board
("Board")
in
this
matter.
On December
30, 2005,
a
Stipulation
and Proposal
for
Settlement
as
to Batteast
Construction
Company,
Inc.
Only
was
filed
with the
Board.
2.
Section
31(c)
(2) of
the
Illinois
Environmental
Protection
Act
("Act"),
415
ILCS
5/31(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
31(c)
(2) provides:
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 30, 2005
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
(1)
of this
subsection.
The
notice
shall
include
a
statement
that
any
person
may
file a
written
demand
for
hearing
within
21
days
after
receiving
the
notice.
If any
person
files
a timely
written
demand
for
hearing,
the
Board
shall
deny the
request
for
relief
from a
hearing
and
shall
hold
a hearing
in
accordance
with
the
provisions
of subdivision
(1).
3..
No hearing
is currently
scheduled
in the
instant
case.
4.
The
Complainant
requests
the relief
conferred
by
Section
31(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
5/31(c)
(2) (2004).
Respectfully
submitted,
PEOPLE
OF
THE
STATE
OF ILLINOIS
LTSA
MADIGAN
Attorney
General
of
the
State
of Illinois
By:
t
t
t
JLCC
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, DECEMBER 30, 2005
CERTIFICATE
OF SERVICE
I, PAULA BECKER
WHEELER,
an attorney,
do
certify that
I
caused
to be served
this
30th day of
December,
2005, the
foregoing
Motion to
Request Relief
from
Hearing, Stipulation
and
Proposal
for Settlement
as
to Batteast
Construction
Company,
Inc.
Only, and
Notice of Filing
upon
the persons
listed on
the
attached
Service
List by
depositing
same in an
envelope, by
first
class
postage prepaid,
with
the United
States Postal
Service
at
188 West
Randolph
Street, Chicago,
Illinois,
at
or
before
the
hour of 5:00 p.m.
PA
ULA BECKER
WHEELER
Date:
December
30, 2005
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 30, 2005
SERVICE LIST
TO:
Mr. Oliver
Spurlock, Esq./Mr.
Gregory
Miller
Attorneys
f or Respondent
4832
S. Vincennes,
L.P.
9415 South
State
Street
Chicago,
Ii.
60619
Mr. Zachary
Hamilton
Attorney
for Respondent
Batteast
Const.
Co., Inc.
3340
E. Forest
View Trail
Crete, IL.
60417
Mr. Bradley
P. Halloran
Hearing Officer
Illinois
Pollution.Control
Board
100
W. Randolph,
Room 11-500
Chicago,
Il. 60601
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 30, 2005
BEFORE THE
ILLINOIS POLLUTION
CONTROL BOARD
PEOPLE OF
THE STATE OF ILLINOIS,
Complainant,
PCB 04-07
V.
(Enforcement -Air)
4832 S. VINCENNES,
L.P., an
Illinois
limited
partnership,
and
BATTEAST
CONSTRUCTION
COMPANY,
INC., an Indiana
corporation,
Respondents.
STIPULATION
AND
PROPOSAL FOR
SETTLEMENT
AS TO BATTEAST
CONSTRUCTION
COMPANY. INC.
ONLY
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 BATTEAST
CONSTRUCTION
COMPANY,
INC., ("Respondent"
or
T 1
Batteast"),
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
First
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 30, 2005
Amended
Complaint
except
as
otherwise
provided
herein.
If the
Board
approves
and
enters
this
Stipulation,
Respondent
Batteast
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
TICS
5/1
et
seq.
(2004).
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.
II.
STATEMENT
OF
FACTS
A.
Parties
1.
On
November
6, 2003,
the Board
accepted
the
First
Amended
Complaint
for hearing
that
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(2004),
against
the
Respondent.
2.
The
Illinois
EPA
is an
administrative
agency
of
the
2
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 30, 2005
State
of Illinois,
created pursuant
to Section
4 of the
Act, 415
ILCS 5/4 (2004).
3.
At all times
relevant
to the First
Amended Complaint,
Respondent
was an Indiana
corporation
that was
authorized
to
transact
business in
the State of
Illinois.
B. Site Description
1.
At
all times
relevant
to the First
Amended
Complaint,
Respondent
owned and
operated a
construction
company that
performed
renovation
actiyities
at the
location
of 4832 S.
Vincennes,
Chicago,
Cook
County, Illinois
("Site").
2.
At all times
relevant
to this Complaint,
the
co-
Respondent,
4832
S. Vincennes,
L.P. ("Vincennes")
was and is
the
owner
of the property
and building
located
at 4832
South
Vincennes
Avenue,
Chicago,
Cook County,
Illinois.
The building
is a
residential
four story
brick apartment
building,
containing
sixty seven(67)
units.
C.
Allegations
of
Non-Compliance
Complainant
contends that
the Respondent
has violated
the
following
provisions
of the Act,
Board regulations,
and NESHAF
regulations:
Count I:
Air Pollution,
in violation
of Section
9(a) of
the Act, 415
ILCS 5/9(a)
(2002), and
35 Ill. Adm.
Code
201.141.
3
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 30, 2005
Count II: Failure
to Inspect and to
Follow Proper Emission
Control Procedures,
in violation of Section
9.1(d)
(1) of the Act, 415
ILCS 5/9.1(d) (1)
(2002), and 40
CFR 61.145(a), Cc) (1), and
Cc) (6).
D. Admission
of Violations
Batteast admits to the violations
alleged in the First
Amended Complaint filed
in this matter and referenced
within
Section
III.0 herein.
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.
4
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 30, 2005
VI. IMPACT
ON THE PUBLIC RESULTING
FROM ALLEGED NON-COMPLIANCE
Section
33(c) of the
Act, 415 TLCS
5/33 (a)(2004)
,
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. Human
health and the
environment were threatened
by the
Respondent' s violations.
2. There
is social and
economic benefit
to the business
of
the
Respondent..
3. The renovation
of the property at
the site was suitable
for the area
in which it occurred.
S
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 30, 2005
4. Inspection
at the
premises
and following
the proper
procedures
for asbestos
abatement
would prevent
threatened
air
pollution
and
would be both
technically
practicable
and
economically
reasonable.
S. 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
TLCS 5/42 (h)
(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
6r 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;
S. the
number, proximity
in time,
and gravity
of
previously
adjudicated
violations
of this
Act by
the respondent;
6
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 30, 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 Respondent
failed
to sufficiently
inspect
the site
for asbestos-containing
materials
prior to
-beginning
construction
activities
at the site,
and violated
provisions
of
the
regulations
concerning
the handling
and
disposal
of the asbestos-
containing
materials
once
they were
discovered.
The violations
began
on or around
December
of 2001
and were
resolved by
March
2002.
2. Respondent
was
diligent
in attempting
to come
back into
compliance
with the
Act, Board
regulations
and
applicable
federal
regulations,
soon after
the Tllinois
EPA
notified
it of its
noncompliance.
3.
The economic
benefit
of noncompliance
is
minimal as
the
costs of
compliance
were only
delayed a
short time
before coming
into full compliance.
4.
Complainant
has
determined,
based
upon the
specific
facts
of this
matter, that
a penalty
of $1,500.00
will serve
to
7
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 30, 2005
deter further
violations
and
aid in future
voluntary
compliance
with
the Act
and Board
regulations.
5.
To Complainant's
knowledge,
Respondent
has no
previously
adjudicated'violations
of the
Act.
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. Penalty
Payment
1.
The
Respondent
shall pay
a civil penalty
in the
sum of
Fifteen
Hundred
Dollars
($1,500.00)
within
fourteen
(14) 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
fourteen
(14) days from
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
S
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 30, 2005
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
Christopher
Pressnall
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 TLCS 5/42(g)
(2004),
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
(2004)
.
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. Whet 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.
9
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 30, 2005
3.
For purposes
of
payment
and collection,
Respondent
may
be
reached
at the following
address:
Mr.
Zachary
Hamilton
Attorney
for Respondent
3340 E.
Forestview
Trail
Crete,
Ii
60417
4.
In the
event
of default
of this
Section
VIII.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.
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.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 First
Amended
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) (2004).
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.
10
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 30, 2005
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 First
Amended
Complaint
as outlined
in Section
III.C
("Allegations
of Non-Compliance")
of this
Stipulation.
D.
Release
from
Liability
In
consideration
of the
Respondent's
payment
of the
$1500.00
penalty
and any
specified
costs
and accrued
interest,
completion
of
all activities
required
hereunder,
its
commitment
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
matterof
the
First Amended
Complaint
herein.
The release
set
forth
above
does not
extend
to
any
matters
other
than those
expressly
specified
in Complainant's
First
Amended
Complaint
accepted
by the
Board
for filing
on
November
6, 2003.
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;
11
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 30, 2005
b. liability
for
future
violation
of state,
federal,
local,
and
common laws
and/or
regulations;
C.
liability
for
natural resources
damage arising
out
of
the
alleged
violations;
and
d. liability
or claims
based on
the Respondent's
failure
to satisfy
the requirements
of this
Stipulation.
Nothing
in this
Stipulation
is
intended
as a waiver,
discharge,
release,
or covenant
not
to sue
for any claim
or cause
of action,
administrative
or judicial,
civil
or
criminal,
past or
future,
in
law or in
equity,
which the
State
of Illinois
or the
Illinois
EPA may
have against
any person,
as
defined
by Section
3.315
of the
Act, 415
TLCS 5/3.315,
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 Attorney
General,
her employees
and representatives
may take
photographs,
samples,
and
collect
information,
as they
deem
necessary.
12
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 30, 2005
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 apcepting
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 REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]
13
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 30, 2005
WHEREFORE,
Complainant
and Respondent
BATTEAST
CONSTRUCTION
COMPANY,
INC. .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:_________
ROSEM'ARIE
CAZEAU,
Chief
Environmental
Bureau
Assistant
Attorney
General
ILLINOI
S ENVIRONMENTAL
PROTECTION
AGENCY
BY:
_ _ _ _ _
_ _ _ _ _ _
_ _ _
DATE:
ROBERT
A. MESSINA
Chief Legal
Counsel
BATTEAST
CONSTRUCTION
COMPANY,
INC.
BY:
1 1,41
Z14DATE:
1Z/
Title:______
15
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 30, 2005
WHEREFORE, Complainant
and Respondent BATTEAST CONSTRUCTION
COMPANY, INC.,request that the Board adopt
and accept the
foregoing Stipulation and Proposal
for Settlement as written.
PEOPLE OF THE STATS OF ILLINOIS,
LISA MADIGAN
Attorney General
State
of Illinois
MATTHEW J. DUNN, Chief
Environmental Enforcement/
Asbestos Litigation Division
B: D
ADATE:
(7 jo
Assistant
Attorney General
ILLINOIS ENVIRONMENTAL
PROTECTION
AGENCY
BY:
DATE:/1121I
~
ROBERT
l
ESN
Chief Legal Counsel
BATTEAST CONSTRUCTION
COMPANY, INC.
BY:
DATE:
Name:
_ _ _ _
_ _ _ _ _ _
_ _
T itle:
_
_
_
_
_
_
_
_
_
_
_
14
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, DECEMBER 30, 2005
