ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MARCH 14, 2006
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
Complainant,
)
vs .
)
PCB 05-168
(Enforcement - Public
HOME DEPOTU.S.A ., INC.,
)
Water Supply)
a Delaware corporation,
)
Respondent
.
)
VIA ELECTRONIC FILING
NOTICE OF FILING
TO:
Andrew H. Perellis
Dorothy Gunn, Clerk
Seyfarth Shaw, LLP
Illinois Pollution Control Board
55 East Monroe Street
James R. Thompson Center
Suite 4200
100 W. Randolph Street, Suite 11-500
Chicago, Illinois 60603-5803
Chicago, IL 60601
PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk of the
Illinois Pollution Control Board an original and nine copies of the Stipulation and Proposal for
Settlement, an Agreed Motion for Relief from the Hearing Requirement, Notice of Filing and a
Certificate of Service, a copy of which is attached herewith and served upon you
.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN
Attorney General
State of Illinois
BY :
DATE: March 14, 2006
THIS FILING IS SUBMITTED ON RECYCLED PAPER
ZEMEHERET BEREKET-AB
Assistant Attorney General
Environmental Bureau
188 W. Randolph St ., 20th Fl
.
Chicago, IL 60601
(312) 814-3816
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MARCH 14, 2006
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
Complainant,
)
vs .
)
No. PCB 05-168
(Enforcement -Public
HOME DEPOTU.S.A ., INC.,
)
Water Supply)
a Delaware corporation,
)
Respondent
.
)
AGREED MOTION TO REQUEST RELIEF
FROM THE HEARING REQUIREMENT
In support of this Motion, the parties state as follows
:
1
.
Today, the People of the State of Illinois, filed a Stipulation and Proposal for
Settlement, with the Illinois Pollution Control Board
.
2 .
Section 31(c)(2) of the Illinois Environmental Protection Act, ("Act"), 415 ILCS
5/31(c)(2)(2004) 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)
.
.
.
.
3 .
Complainant and Respondent agree that a formal hearing is not necessary to
conclude this matter and wish to avail themselves of Section 31(c)(2) of the Act, 415 ILCS
5/31(c)(2)(2004) .
ELECTRONIC FILING, RECEIVED, CLERKS OFFICE, MARCH 14, 2006
WHEREFORE, Complainant and Respondent request relief from the hearing requirement
pursuant to Section 31(c)(2) of the Act
.
BY :
DATE: March 14, 2006
G\Environnenral Enfrccneni\Z BEREKET-ABBfone Depot Apccd Mol to Req Relief 6 .14-06.wpd
2
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN
Attorney General
State of Illinois
MATTHEW J. DUNN, Chief
Environmental Enforcement/
Asbestos Litigation Division
ROSEMARIE CAZEAU, Chief
Environmental Bureau
ZEMEHERET BEREKET-AB
Assistant Attorney General
Environmental Bureau
188 W. Randolph St., 20th Fl .
Chicago, Illinois 60601
(312) 814-3816
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MARCH 14, 2006
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
ex red. .,LISA MADIGAN, Attorney
General of the State of Illinois,
PCB 05-168
Complainant,
)
(Enforcement
-
Public
v
.
)
Water Supply)
HOME DEPOT U .S .A .,
INC .,
)
a Delaware corporation,
Respondent
.
STIPULATION AND PROPOSAL FOR SETTLEMENT
TABLE OF CONTENTS
I
.
JURISDICTION
2
II . AUTHORIZATION
2
A .
Parties
2
B
.
Site Description
3
C
.
Allegations of Non-Compliance
4
D
.
Non-Admission of Violations
4
IV. APPLICABILITY
4
V .
COMPLIANCE WITH OTHER LAWS AND REGULATIONS 5
VI . IMPACT ON THE PUBLIC RESULTING FROM ALLEGED
NON-COMPLIANCE
5
VII . CONSIDERATION OF SECTION 42(h) FACTORS 7
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MARCH 14, 2006
ii
VIII
.
TERMS OF SETTLEMENT
9
A
.
Penalty Payment
9
B
.
Future Use
11
C
.
Cease and Desist
12
D
.
Release from Liability
12
E
.
Correspondence, Reports and Other Documents
14
F
.
Modification of Stipulation
15
G
.
Enforcement of Board Order
15
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MARCH 14, 2006
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
ex rel
.
LISA MADIGAN, Attorney
)
General of the State of Illinois,
PCB 05-168
Complainant,
(Enforcement - Public
v
.
)
Water Supply)
HOME DEPOT U .S .A .,
INC .,
)
a Delaware 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 HOME DEPOT
U.S .A .,
INC., ("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 summary of some 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
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MARCH 14, 2006
introduced into evidence in any other proceeding regarding the
claims asserted in the Complaint except as otherwise provided
herein. If the Board approves and enters this Stipulation,
Respondent agrees to be bound by the Stipulation and Board Order
and not to contest their validity in any subsequent proceeding to
implement or enforce their terms
.
I. JURISDICTION
The Board has jurisdiction of the subject matter herein and
of the parties consenting hereto pursuant to the Illinois
Environmental Protection Act ("Act"), 415 ILCS 5/1 et seq
.
(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
.
III. COMPLAINANT'S STATEMENT OF FACTS
A .
Parties
1
.
On March 15, 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
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MARCH 14, 2006
2
The Illinois EPA is an administrative agency of
the
State of Illinois,
created pursuant to Section 4 of the Act, 415
ILLS 5/4 (2004)
.
3
.
At all times relevant to the Complaint, Respondent was
and is a Delaware 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 the Home Depot store number 1989,located at
143rd Street and Bell Road, Homer Township, Will County, Illinois
("construction site" or "project")
.
2
.
On August 31, 2003, Illinois American Water Company,
for the benefit of Home Depot applied for a construction permit
for the installation of an 88 linear feet of 6-inch water main
extension and 2,303 linear feet of 10-inch main to serve its new
Home Depot store at the construction site
.
3
.
On September 5, 2003, the Illinois EPA inspected the
construction site and discovered that the Respondent had already
installed a water main at the project without first obtaining the
construction permit from the Illinois EPA that Illinois EPA
maintains is required
.
4
.
On October 1, 2003, the Illinois EPA issued "As-Built"
Plans Construction Permit No . 0431-FY2004 to Respondent
.
3
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MARCH 14, 2006
According to Home Depot,
at no time prior to this date did Home
Depot connect
the water main to the public water supply
.
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 a Construction Permit,
in
violation of Section 15(a)
of the Act,
415 ILCS
5/15(a)(2004),
and 35
Ill
. Adm .
Code
602 .101(a)
.
D
.
Non-Admission of Violations
The Respondent denies all allegations of non-compliance with
the Act and represents
that
it has entered into this Stipulation
for the purpose of settling and compromising disputed claims
without having to incur the expense of contested litigation .
By
entering into this Stipulation and complying with its terms,
the
Respondent does not affirmatively admit
the allegations of
violation within the Complaint and referenced within Section
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
4
ELECTRONIC FILING, RECEIVED, CLERKS OFFICE, MARCH 14, 2006
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(c) of the Act, 415 ILCS 5/33(c)(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
;
the social and economic value of the
pollution source
;
3
.
the suitability or unsuitability of the
pollution source to the area in which it is
located, including the question of priority
of location in the area involved
;
5
ELECTRONIC FILING, RECEIVED, CLERKS OFFICE, MARCH 14, 2006
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, Complainant alleges the
following
:
1
.
Human health and the environment were threatened and
the Illinois EPA's information gathering responsibilities
hindered by the Respondent's failure to obtain a construction
permit prior to commencement of the water main
.
2
.
There is social and economic benefit to the Home Depot
store
.
3
.
Operation of the Home Depot store is suitable for the
area in which it is located
.
4
.
Obtaining a permit prior to construction of the water
main at the project and compliance with its terms was both
technically practicable and economically reasonable
.
5
.
Respondent has subsequently complied with the Act and
the Board Regulations . Respondent does not agree with any of
Complainant's characterizations made under Section VI herein with
the exception of paragraphs 2 and 3 of this Section VI
.
6
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MARCH 14, 2006
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
:
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
;
1
3
any economic benefits accrued by the
respondent because of delay in compliance
with requirements, in which case the economic
benefits shall be determined by the lowest
cost alternative for achieving compliance
;
4
the amount of monetary penalty which will
serve to deter further violations by the
respondent and to otherwise aid in enhancing
voluntary compliance with this Act by the
respondent and other persons similarly
subject to the Act
;
5 . the number, proximity in time, and gravity of
previously adjudicated 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
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MARCH 14, 2006
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,
Complainant alleges
as
follows
:
1
.
Construction of water mains without first obtaining a
permit from
the Illinois EPA is
a grave violation
.
However, the
violation was
short lived
.
The violation was discovered on
September 4, 2003, and was corrected with the issuance of "As-
Built" permit on October B, 2003
.
2
.
Respondent demonstrated diligence in correcting the
violation, and timely submitted the information required for the
"As-Built" Construction Permit
.
3
.
The $15,000 .00 (Fifteen Thousand Dollars) penalty
agreed to herein, negates any economic benefits accrued by the
Respondent by its failure to apply for a construction permit
.
4
.
Complainant has determined, based upon the specific
facts of this matter, that a penalty of Fifteen Thousand Dollars
($15,000.00) will serve to deter further violations and aid in
future voluntary compliance with the Act and Board regulations
.
5
.
Solely for purposes of Section 42(h) of the Act, Home
Depot has a prior adjudicated violation of the Act and Board
regulations pursuant to the stipulation and proposal for
8
ELECTRONIC FILING, RECEIVED, CLERKS OFFICE, MARCH 14, 2006
settlement
in the matter
of Peoplev:HomeDepotU .S .A .,
Inc .,
PCB 02-161,
accepted by the Illinois Pollution Control Board by
order entered on May 2, 2002
.
6
.
Home Depot did not voluntarily disclose the alleged
violations in this matter
.
7
.
Home Depot has agreed to undertake a SEP consisting of
a cash contribution of Fifteen Thousand Dollars ($15,000 .00) to
the Village of Homer Glen, Will County, Illinois, for use in
constructing an off road multi use trail system and trailhead
.
Respondent does not agree with any of Complainant's
characterizations made under Section VII herein with the
exception of paragraphs 4, 5 and 7 of this Section VII
.
VIII. TERMS OF SETTLEMENT
A
.
Penalty Payment
1
.
The Respondent shall pay a civil penalty in the sum of
Fifteen Thousand Dollars ($15,000 .00) within thirty (30) days
from the date the Board adopts and accepts this Stipulation . The
penalty described in this Stipulation shall be paid by certified
check, money order or electronic fundss transfer payable to the
Illinois EPA, designated to the Illinois Environmental Protection
Trust Fund and submitted to
:
9
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MARCH 14, 2006
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
:
Zemeheret Bereket-Ab
Assistant Attorney General
Environmental Bureau
188 W . Randolph St ., 20`h Floor
Chicago, Illinois 60601
2
.
Home Depot shall, within 30 days of entry of this
Stipulation, undertake a SEP consisting of a cash contribution of
Fifteen Thousand Dollars ($15,000 .00) to the village of Homer
Glen, Will County, Illinois, for use in constructing an off-road
multi-use trail system and trailhead . Payment of this $15,000 .00
cash contribution shall be made by certified check or money'
order, payable to the village of Homer Glen and shall be sent by
first class mail to
:
Village of Homer Glen
c/o Dwight Johnson, Village Manager
14331 South Golden Oak Drive
Homer Glen, Illinois 60491
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
10
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MARCH 14, 2006
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
.
4
.
For purposes of payment and collection, Respondent may
be reached at the following address
:
Home Depot
1400 West Dundee Road
Arlington Heights, Illinois 60004
Attn: Brett Soloway
5
.
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
1 1
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MARCH 14, 2006
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 solely 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),
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
.
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 III .C ("Allegations of Non-
Compliance") of this Stipulation
.
D
.
Release from Liability
In consideration of the Respondent's payment of the
$15,000.00 (Fifteen Thousand Dollars) penalty and any specified
costs and accrued interest, implementation of the SEP described
in Section VIII .2, herein, its commitment to Cease and Desist as
contained in Section VIII .C. and upon the Pollution Control
Board's acceptance and approval of the termss 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
12
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MARCH 14, 2006
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 March 15, 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
:
criminal liability ;
b
.
liability for future violation of state, federal,
local, and common laws and/or regulations
;
c
.
liability for natural resources damage aris g 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 (2004), or entity other than
the Respondent
.
13
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MARCH 14, 2006
Respondent,
as used in this sentence includes any officer,
director,
or employee of
the Respondent,
as well
as any
successors or assigns of
the Respondent
.
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 VIII .A.1 . ("Penalty Payment") and A .2 . ("Supplemental
Environmental Project") of this Stipulation shall be submitted as
follows
:
As to the Complainant
Zemeheret Bereket-Ab
Assistant Attorney General
Environmental Bureau
188 W . Randolph St ., 20th Floor
Chicago, Illinois 60601
Joey Logan-Wilkey
Assistant Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P .O. Box 19276
Springfield, Illinois 62794-9276
As to the Respondent
Andrew H . Perellis
Seyfarth.Shaw
55 East Monroe Street
Suite 4200
Chicago, Illinois 60603-5803
1 4
G
.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MARCH 14, 2006
F
.
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 .E
.
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
.
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
.
The parties agree that, if the Board does not approve
and accept this Stipulation and Proposal for Settlement, and if
it does not dispose of this matter on each and every term and
condition of the settlement as set forth herein, then this
15
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MARCH 14, 2006
Stipulation shall be null and void and neither party is bound by
the terms herein
.
I
3
.
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
.
16
BY
:
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MARCH 14, 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
:
Lam)
DATE:
a
I ~'
~o
ROSEMARIE CAZEAU,
ief
Environmental Bureau
Assistant Attorney General
BY
: j
.
RO ERT
ME S NA
Chief Legal Counsel
HOME DEPOT
Name
:
RIC.H*(LhC.
Marsw& s...
Title:
uP-
(OnsfIALkbn
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY
DATE
: -
17,
/13
L
b
te
DATE
:
-
61
-f- 1 O!O
\\oagfile\Common\Environmenta l Enforcement\Z BEREKET-AB\Home Depot Stipulation 12-12-OS .wpd
17
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MARCH 14, 2006
CERTIFICATE OF SERVICE
I, ZEMEHERET BEREKET-AB, an Assistant Attorney General, do certify that I caused
to be served on this 14 th day of March 2006, the foregoing Notice of Filing, a Stipulation and
Proposal for Settlement, and an Agreed Motion for Relief from the Hearing Requirement, upon
the persons listed on said Notice by placing same in an envelope bearing sufficient postage with
the United States Postal Service located at 100 West Randolph Street, Chicago, Illinois
.
ZEMEHERET BEREKET-AB
GaEnviromrcntal EnforccnmfZ BEREKET-ABVlomc Depot NOF&Certificste 3-Ia06 .wpd
