BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,)
Complainant,)
)
PCB No. 05-204
V.)
LAKE STREET DEVELOPMENT LLC,)
an Illinois Limited Liability Corporation,
)
Respondent.)
NOTICE OF FILING
TO:
Mr. Jerry Marcus
Lake Street Development, LLC
.707 Skokie Boulevard, Suite 410
Northbrook, Illinois 60062
PLEASE TAKE NOTICE that today, January 27, 2006, 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.
PEOPLE OF THE STATE OF ILLINOIS,
by LISA MADIGAN, Attorney General
of the State of Illinois
BY:
A
O
5
Lr
BRIDGI M. CALN
Assistant Attorney General
Environmental Bureau
188 West Randolph Street, Suite 2001
Chicago, Illinois 60601
(312) 814-0608
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 27, 2006
BEFORE THlE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,)
)
PCB
No: 05-204
V.)
LAKE STREET DEVELOPMENT LLC,)
an Illinois Limited Liability Corporation,
)
Respondent.)
MOTION FOR RELIEF FROM HEARING REOUIREMENT FOR STIPULATION AND
PROPOSAL FOR SETTLEMENT WITH LAKE STREET DEVELOPMENT
NOW COMES Complainant, PEOPLE OF THE STATE OF ILLINOIS,
ex ret.
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 5/3 1(c)(2)(2004), moves that the
Illinois Pollution Control Board ("Board") grant the Complainant and the Respondent, Lake
Street Development, 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 Complaint in this matter alleges violations of Section 12(b) of the Act, 415
JLCS 5/12(b)(2004), and 35 III. Adm. Code 309.202(a),and Sections 12(a) and
(fQ
of the Act, 415
ILCS
5/12(a)
and (f) (2004), and 35 III. Adm. Code 309.102(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 Lake Street Developmeiit, have
reached agreement on all outstanding issues in this matter.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 27, 2006
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 3
1
(c)(2)
of the Act, 415 ILCS 5!31l(c)(2)(2004).
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
3 1(c)(1) of the Act, 415 ILCS 5/31I(c)(1)(2004).
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN
Attorney General, State of Illinois
MATTHEW
J1. DUNN, Chief
Environmental Enforcement/
Asbestos Litigation Division
BY:
~&A4LThfl
66A
BRIDGETM. CARLSON
Assistant Attorney General
Environmental Bureau
188 W. Randolph St., 20th Floor
Chicago, Illinois
60601
(312) 814-0608
TH IS FILING IS SUBM IT
ED ON R ECYCLED PAPER
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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 27, 2006
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,)
Complainant,)
)
PCB No. 05-204
V.)
LAKE STREET DEVELOPMENT LLC,
an Illinois Limited Liability Corporation,
Respondent.)
STIPULATION AND PROPOSAL FOR SETTLEMENT
Complainant, PEOPLE OF THE STATE OF ILLINOIS,
ex
relt
LISA MADIGAN,
Attorney General of the State of Illinois, the Illinois Environmental Protection Agency ("Illinois
EPA"), and Lake Street Development, an Illinois Limited Liability Corporation ("Respondent"),
have agreed to the making of this Stipulation and Proposal for Settlement ("Stipulation") and
submit it to the Illinois Pollution Control Board ("Board") for approval.
The parties agree that
the statement of facts contained herein represent 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 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.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 27, 2006
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/I
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.
Ill.
STATEMENT OF FACTS
A.
Parties
I1.
On June 6, 2005, 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
(2004), 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 (2004).
3.
At all times relevant to the Complaint, Respondent was and is an Illinois Limited
Liability Company in good standing, that is authorized to transact business in the State of Illinois.
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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 27, 2006
B.
Site Description
I .
At all times relevant to the Complaint, Respondent owned and operated a real
estate development business which was constructing a four-story mixed use development
structure located at Ten Lake Street, in Grayslake, Lake County, Illinois ("Site").
2.
A sanitary sewer line previously ran through the southern portion of the property
from the west to the east, and served residential homes off-Site to the west.
From on or about
February 17, 2004 to March 19, 2004, Respondent Lake Street installed a diversion/by-pass line
of the sanitary sewer around the north end of the property to facilitate in the development of the
Site.
3.
Respondent Lake Street's modification of the sanitary sewer on-Site is subject to
the Act and the Rules and Regulations promulgated by the Board.
The Board's regulations
controlling permits for sewer construction are found in Section 12(b) of the Act, 415 ILCS
5/12(b) (2004) and Title 35, Pant 309 of the Illinois Administrative Code ("Board Water
Pollution Permit Regulations").
4.
Lake Street Development completed a diversion of an existing sewer line in early
2004 without securing an Illinois EPA construction permit to complete the construction work.
Lake Street Development's permit application was pending at the Illinois EPA in September
2003.
This diversion line followed the same route as the proposed sanitary sewer pending permit
approval, at the time of installation it served the surrounding residences only and not the subject
property owned by Respondent.
Respondent did not connect to the new construction building to
the by-pass line until after the Illinois EPA sewer ownership permit was issued.
5.
On March
19, 2004, the Illinois EPA also determined that storm water
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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 27, 2006
accumulating in the construction area was being pumped into a catch basin which is a tributary to
a storm sewer that discharges into Grays Lake.
Grays Lake ig in the Mill Creek sub basin and
Des Plaines River watershed.
6.
As of March
19, 2004, Lake Street had not obtained a National Pollutant
Discharge Elimination System ("NPDES") storm water permit to allow them to pump storm
water off-Site.
C.
Allegations of Non-Compliance
Complainant contends that the Respondent has violated the following provisions of the
Act and Board regulations:
Count I:
Failure to obtain an Illinois EPA construction permit prior to
construction, in violation of Section 12(b) of the Act, 415 ILCS
5/12(b)(2004), and 35 III. Adm. Code 309.202(a).
Count II:
Failure to obtain a NPDES storm water permit prior to construction in
violation of Sections 12(a) and (f) of the Act, 415 ILCS 5/12(a) and
(
(2004), and 35 Ill. Adm. Code 309:102(a).
D.
Admission of Violations
The Respondent admits to the violations) alleged in the Complaint filed in this matter
and referenced within Section uILC herein.
E.
Compliance Activities
to Date
Lake Street Development has obtained a NPDES permit for the discharge of storm water
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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 27, 2006
from the Site.
F.
Value of Settlement and Resulting Benefits
The
issuance
of Illinois EPA construction
permnits
is the primary
and
most effective
means by which Illinois EPA can ensure
the protection of
Illinois'
valuable water
resources.
While the
proper Illinois
EPA permits are now in
place, the
Respondent's payment of a civil
penalty
will
reinforce the
importance of this
permit process
and
encourage future compliance
with
the Act, as well as the Board's Water Pollution Regulations.
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.
I1.
No change in ownership, corporate status or operator of the facility shall in any way alter
the respo nsibilities 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.
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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 27, 2006
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 IILCS 5/33(c)(2004), provides as follows:
In making its orders and determninations, 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.
iIn
response to these factors, the parties state the following:
I1.
Human health and the environment were minimally threatened and the Illinois
EPA's information gathering responsibilities hindered by the Respondent's failure to ensure that
the proper Illinois EPA construction permit and NPDES permit was in place prior to construction
and development of the Site's sewer lines.
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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 27, 2006
2.
The Site provides a social and economic benefit to the Respondent, and will
increase the local tax base and provide additional income to area business and services.
3.
The Site is a real estate development project in Grayslake, Illinois and is suitable
for the area in which it occurred.
4.
Obtaining a permit prior to construction at the Site and compliance with its terms
was both technically practicable and economically reasonable.
Obtaining a NPDES permit
allows the Illinois EPA to track storm water runoff discharge and flow into Illinois water sources.
5.
The Respondent Lake Street Development has subsequently complied with the
Act and the Board Regulations.
However, the acquisition of an NPDES does not remedy the
time period during which construction took place at the site without a permit and in violation of
the Act and Board Regulations.
VII.
CONSIDERATION OF SECTION 42(h) FACTORS
Section 42(h) of the Act,
415 ILCS 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:
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;
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
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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 27, 2006
with this Act by the respondent and other persons similarly subject to the
Act;
5.
the number, proximity in time, and gravity of previously adjudicated.
violations of this Act by the respondent;
6.
whether the respondent voluntarily self-disclosed, in accordance with
subsection i of this Section, the non-compliance to the Agency; and
7.
whether the respondent has agreed to undertake a "supplemental
environmental project," which means an environmentally beneficial
project that a respondent agrees to undertake in settlement 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:
I1.
The Respondent failed to obtain a permit for construction on-Site sewer diversion
activities prior to beginning construction activities at the Site, and failed to obtain a NPDES
permit for storm water discharge to waters of the State.
The violations began on or around
February
17, 2004, and continued to March 19, 2004, and were individually resolved at various
times in the following year.
2.
The Respondent was diligent in attempting to come back into compliance with the
Act and Board regulations, once the Illinois EPA notified it of its noncompliance.
3.
The Respondent delayed in paying the cost for the sewer construction permit of
One Thousand Two Hundred Dollars ($1,200.00).
The Respondent also delayed in paying the
storm water NPDES permit fee of Five Hundred Dollars ($500).
The civil penalty obtained
herein exceeds any economic benefit that Respondent may have accrued.
4.
Complainant has determined, based upon the specific facts of this matter that a
penalty of Twenty Five Thousand Dollars ($25,000.00) will serve to deter further violations and
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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 27, 2006
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
I1.
a.
The Respondent shall pay a civil penalty in the sum of Twenty Five
Thousand Dollars ($25,000.00).
The Respondent stipulates that payment has been tendered to
Respondent's attorney of record in this matter in a formn acceptable to that attorney.
Further,
Respondent stipulates that said attorney has been directed to make the penalty payment on behalf
of Respondent, within thirty (30) 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 or money order 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
("FErN") shall appear on the check.
A copy of the certified check or money order and any
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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 27, 2006
transmittal letter shall be sent to:
Ms. Bridget M. Carlson
Assistant Attorney General
Environmental Bureau
188 W. Randolph St.
20th
Floor
Chicago, Illinois 60601
Mr. James Day
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) (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.
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:
Mr. Jerome Marcus
707 Skokie Boulevard
Suite
4io
Northbrook, Illinois 60062
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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 27, 2006
4.
In the event of default of this Section Vill.A, the Complainant shall be entitled to
all available relief including, but not limited to, reasonable costs of collection and reasonable
attorney's fees.
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 VHIiD, 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)(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.
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 1Jl.C
("Allegations of Non-Compliance") of this Stipulation.
D.
Release from Liability
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 27, 2006
In consideration of the Respondent's payment of the $25,000.00 penalty and any specified
costs and accrued interest, to Cease and Desist as contained in Section VIII.C and upon the
Pollution Control Board's acceptance and approval of the tenns of this Stipulation and Proposal
for Settlement, the Complainant releases, waives and discharges the Respondent from any further
liability or penalties for violations of the Act and Board Regulations that were the subject matter
of the Complaint herein.
The release set forth above does not extend to any matters other than
those expressly specified in Complainant's Complaint filed on June 6, 2005.
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 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 5/3.3 15, or entity other than the Respondent.
E.
Right of Entry
In addition to any other authority, the Illinois EPA, its employees and representatives, and
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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 27, 2006
the Attorney General, her agents and representatives, shall have the right of
entry
into and upon
the Respondent's Site which is the subject of this Stipulation, at all reasonable times for the
purposes of canrying 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 informnation, as they deem necessary.
F.
Correspondence, Reports and Other Documents
Any and all correspondence,
reports and any other documents required under this
Stipulation, except for payments pursuant to Sections VIfllA ("Penalty Payment") of this
Stipulation, shall be submitted as follows:
As to the Complainant
Ms. Bnidget M. Carlson
Assistant Attorney General
Environmental Bureau
188 W. Randolph St.,
2 0th
Floor
Chicago, Illinois 60601
Mr. James Day
Assistant Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
As to the Respondent
Mr. Jerome Marcus
707 Skokie Boulevard
Suite 41 0
Northbrook, Illinois 60062
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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 27, 2006
G.
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.
THlE REMAINDER OF THIlS PAGE IS INTENTIONALLY LEFT BLANK
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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 27, 2006
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
B:DATE:
I(zi\y
Assistant Attorne
Genral
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY
BY:
i______________
DATE:_
______
ROBERT A
.ME§S
Chief Legal Counsel
SLM Equities Inc., Manager of
LAKE STREET DEVELOPMENT LLC
BY:
__________DATE:_
______
Mr. Stephen Marcus
President
JDT Investments, Inc. Manager of
LAKE STREET DEVELOPMENT LLC
BY :
_
_
_
_
_
_
_
_
_
Mr. Joseph Tremont
DATE:___________
President
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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 27, 2006
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:________
ROBERT A. MESSINA
Chief Legal Counsel
LAKE STREET DEVELOPMENT LLC
BY: SLM Equities Inc'
its Manager
BY:
DATE:
I/;L3/;kMX6
LAKE STREET DEYELOPMENT LLC
BY: JDT Investm
s
nc., its Manager
BY:
DATE:___
____
Peint
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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 27, 2006
CERTIFICATE OF SERVICE
I,
BRIDGET M. CARLSON, an Assistant Attorney General, certify that on the 27th day
of January 2006, I 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 Notice of Filing, by depositing same in postage prepaid envelopes with the United
States Postal Service located at 1 00 West Randolph Street, Chicago, Illinois 6060 1.
?RI D GM
It is hereby certified that a copy of the Stipulation and Proposal for Settlement was filed
via electronic filing, with the Illinois Pollution Control Board on January 27, 2006.
BY:
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 27, 2006
