ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE MARCH 30, 2006
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
by LISA MADIGAN, Attorney General
)
of the State of Illinois,
)
Complainant,
)
v .
)
VILLAGE OF VOLO, a Municipal
)
Corporation, and SMITH ENGINEERING
)
CONSULTANTS, INC., an Illinois
)
Corporation,
)
Respondents .
)
PCB No. 2006-090
(Enforcement
-
Public Water Supply)
NOTICE OF MOTION AND OTHER FILING
TO :
Mr. William J. Anaya
Mr. Bradley P. Halloran, Hearing Officer
Arnstein & Lehr, LLP
Pollution Control Board
120 South Riverside Plaza, Suite 1200
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60606
Chicago, Illinois 60601
PLEASE TAKE NOTICE that I have today, March 30, 2006, filed with the Office of the
Clerk of the Illinois Pollution Control Board the Motion for Relief from Hearing Requirement
and Stipulation and Proposal for Settlement, true and correct copies of which are attached
hereto and herewith served upon you .
PEOPLE OF THE STATE OF ILLINOIS,
by LISA MADIGAN, Attorney General
of the State of Illinois
BY :
MICHAEL C. PARTEE
Assistant Attorney General
Environmental Bureau/North
188 West Randolph Street, Suite 2000
Chicago, Illinois 60601
Tel : 312 .814.2069
Fax: 312.814.2347
E-Mail: mparteecdatg.state
. i
1 .us
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE MARCH 30, 2006
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
by LISA MADIGAN, Attorney General
)
of the State of Illinois,
)
Complainant,
)
PCB No. 2006-090
v .
)
(Enforcement -
Public Water Supply)
VILLAGE OF VOLO, a Municipal
)
Corporation, and SMITH ENGINEERING )
CONSULTANTS, INC., an Illinois
)
Corporation,
)
Respondents .
)
MOTION FOR 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 hereby moves for relief from the
hearing requirement in this case pursuant to Section 31(c)(2) of the Illinois Environmental
Protection Act ("Act"), 415 ILCS 5/31(c)(2) (2004), and Section 103.300 of the Illinois Pollution
Control Board ("Board") Procedural Rules, 35 111. Adm. Code 103.300 .
In support of this
Motion, the Complainant states as follows
:
I
.
Section 31(c)(2) of the Act allows the parties in certain enforcement cases to
request relief from the mandatory hearing requirement where the parties submit to the Board a
Stipulation and Proposal for Settlement. Section 31(c)(2) provides as follows
:
Notice; complaint; hearing.
(c)(2) 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
original)
:
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE MARCH 30, 2006
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)
.
Board Procedural Rule 103 .300 provides, in relevant part, as follows (emphasis in
Request for Relief from Hearing Requirement in State Enforcement Proceeding
.
(a)
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 proposed stipulation
and settlement accompanied by a request for relieffront the requirement of a
hearing
pursuant to Section 31(c)(2) of the Act
.
.
.
.
3 .
On December 9, 2005, the Complaint was filed on behalf of the People of the
State of Illinois with the Board. On December 15, 2005, the Board found that the Complaint met
the content requirements of the Board's procedural rules and accepted it for hearing .
4 .
The parties have reached a Stipulation and Proposal for Settlement and,
accordingly, request relief from the Board's hearing requirement
.
5
.
Along with the filing of this Motion, a Stipulation and Proposal for Settlement
was filed with the Board, and no hearing is currently scheduled in this case
.
WHEREFORE, the Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA
MADIGAN, Attorney General of the State of Illinois, respectfully moves for relief from the
requirement of a hearing pursuant to Section 31(c)(2) of the Act and Board Procedural Rule
103.300
.
2
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE MARCH 30, 2006
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS,
by LISA MADIGAN, Attorney General
of the State of Illinois
BY :
WpkA
MICHAEL C. PARTEE
Assistant Attorney General
Enviromnental Bureau/North
188 West Randolph Street, Suite 2000
Chicago, Illinois 60601
Tel .: 312.814.2069
Fax: 312.814.2347
E-Mail: mpartee@atg.state . i t.us
3
PEOPLE OF THE STATE OF ILLINOIS,
)
by LISA MADIGAN, Attorney General
)
of the State of Illinois,
)
Complainant,
)
VILLAGE OF VOLO, a Municipal
)
Corporation, and SMITH ENGINEERING
)
CONSULTANTS, INC ., an Illinois
)
Respondents .
)
Corporation,
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE MARCH 30, 2006
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
V .
PCB No. 2006-090
(Enforcement -
Public Water Supply)
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 Respondents, VILLAGE OF VOLO ("Volo"), a municipal corporation, and SMITH
ENGINEERING CONSULTANTS, INC. ("Smith"), an Illinois corporation, 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 ifa 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, Respondents agree
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 MARCH 30, 2006
1 . 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 . STATEMENT OF FACTS
A.
Parties
1
.
On December 9, 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 Respondents .
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, Volo was and is a municipal corporation
incorporated under the laws of Illinois . At all times relevant to the Complaint, Volo was and is
the owner and official custodian of a public water supply located in Volo, Lake County, Illinois
.
2
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE MARCH 30, 2006
4 .
At all times relevant to the Complaint, Smith was and is an Illinois corporation
incorporated under the laws of Illinois . At all times relevant to the Complaint, Smith was the
certified operator of Volo's public water supply
.
B.
Site Description
I
.
Pursuant to a public water supply construction permit issued by Illinois EPA on
September 8, 2000, Volo installed the public water supply, which included two wells (Well #1
and Well #2) for obtaining raw water for potable use and an ion exchange system connected only
to Well #1 for removing naturally-occurring contaminants (iron and magnesium) from the raw
water.
2 .
The public water supply serves approximately 60 people for more than 60 days
per year.
3
.
At some point before July 19, 2004, Well #2 and the ion exchange system were
connected and placed in service .
4 .
Neither Volo nor Smith submitted plans and specifications to the Illinois EPA
before causing or allowing construction of the connection between Well #2 and the ion exchange
system .
5
.
Also, neither Volo nor Smith obtained a construction or operating permit from the
Illinois EPA before causing or allowing the construction and operation of the connection
between Well #2 and the ion exchange system .
C .
Allegations of Non-Compliance
1
.
Complainant contends that Volo and Smith violated the following provisions of
the Act and Board and Illinois EPA regulations
:
3
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE MARCH 30, 2006
Count 1
:
Failing to submit plans and specifications for a public water supply
before construction in violation of Section 15(a) of the Act, 415
ILCS 5/15(a) (2004)
;
Count II
:
Constructing a public water supply without a permit in violation of
Section 18(a) of the Act, 415 ILCS 5/18(a) (2004), and Section
602.101 (a) of the Board's Public Water Supply Regulations, 35 111
.
Adm. Code 602.101(a); and
Count III
:
Operating a public water supply without a permit in violation of
Section 18(a) of the Act, Section 602 .102 of the Board's Public
Water Supply Regulations, 35 III. Adm. Code 602 .102, and Section
652.201 of the Illinois EPA's Public Water Supply Regulations, 35
111. Adm. Code 652.201
.
Complainant contends that Volo also violated the following provisions of the Act
and Illinois EPA regulations
:
Count IV
:
Constructing a community water supply without a permit in
violation of Section 18(a) of the Act and Section 652 .101(a) of the
Illinois EPA's Public Water Supply Regulations, 35 111. Adm .
Code 652.101(a) .
D .
Admission of Violations
The Respondents deny the violations alleged in the Complaint filed in this matter and
referenced within Section III .C herein .
E .
Compliance Activities to Date
Sometime prior to November 30, 2004, Respondents provided the Illinois EPA with "as-
built" construction drawings indicating that the equipment used in conjunction with the public
water supply had been constructed appropriately and that the public water supply was safe . On
November 30, 2004, the Illinois EPA approved the "as-built" plans for the public water supply
.
This approval also constituted an operating permit for the public water supply . The Illinois EPA
has no evidence that the public or the public water supply were at risk from the original
4
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE MARCH 30, 2006
construction thereof through the date Illinois EPA approved the "as built" plans and issued the
operating permit on November 30, 2004
.
IV. APPLICABILITY
This Stipulation shall apply to and be binding upon the Complainant and the
Respondents, and any officer, director, agent, or employee of the Respondents, as well as any
successors or assigns of the Respondents. The Respondents 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 Respondents to comply with
any other federal, state or local laws or regulations including, but not limited to, the Act and the
Board and Illinois EPA 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
;
2 .
the social and economic value of the pollution source
;
5
3 .
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE MARCH 30, 2006
the suitability or unsuitability of the pollution source to the area in which
it is located, including the question
of
priority
of
location in the area
involved ;
4
.
the technical practicability and economic reasonableness of reducing or
eliminating the emissions, discharges or deposits resulting from such
pollution source; and
5
.
any subsequent compliance
.
In response to these factors, the parties state the following
:
I
.
The State's ability to supervise the public water supply in order to protect the
public from disease and to assure an adequate supply of potable water was hindered by
Respondents' violations
.
2
.
The public water supply provides a social and economic benefit in the form of
potable water for the connected residences .
3
.
The operation of the public water supply was and is suitable for the area in which
it operates .
4.
Submitting plans and specifications, and obtaining construction and operating
permits, before construction and operation of the public water supply was and is both technically
practicable and economically reasonable
.
5 .
On November 30, 2004, prior to the filing of this case, the Illinois EPA
determined that the public water supply had achieved compliance when the Illinois EPA
approved "as-built" plans for the public water supply . This approval also constituted an
operating permit for the public water supply . The Illinois EPA has no evidence that the public or
the public water supply were at risk at any time from the original construction thereof through
the date Illinois EPA approved the "as built" plans and issued the operating permit on November
30,
2004 .
6
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE MARCH 30, 2006
VII.CONSIDERATION OF SECTION 42(b) 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 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 :
1
.
In terms of gravity, the Respondents failed to submit plans and specifications, or
to obtain a permit for the construction and operation of a public water supply, before
constructing and operating said supply. Pursuant to Section 15 of the Act, 415 ILCS 5/15
(2004), the General Assembly mandated that plans and specifications shall be submitted pre-
construction, and shall be complete and of sufficient detail to show all proposed construction,
7
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE MARCH 30, 2006
changes, or additions that may affect sanitary quality, mineral quality, or adequacy of the public
water supply. In light of the purpose of the relevant provisions of the Act, the gravity of the
violations was modest. In terms of duration, the violations began in 2000 and were resolved on
November 30, 2004, by the preparation and submission to Illinois EPA of "as built" drawings
showing that the public water supply had not been at risk as to the sanitary quality, mineral
quality or adequacy of the public water supply. Therefore, the duration of the violations, which
was about four years, was significant
.
2 .
Respondents were diligent in preparing and delivering to Illinois EPA "as built"
drawings showing compliance with the Act and the Board and Illinois EPA regulations after the
Illinois EPA notified them of their alleged noncompliance
.
Because the Respondents submitted "as-built" plans toward permits, albeit after
construction, Respondents did not avoid the cost of preparing such plans . Complainant contends
that there accrued only a nominal economic benefit from the delay in compliance, which resulted
from the benefit of having the approximately four-year time value of money spent in preparing
the "as-built" plans
.
4 .
Complainant contends that the civil penalty payment adequately serves to deter
further violations by the Respondents and otherwise aids in enhancing voluntary compliance
with this Act by the Respondents and other persons similarly subject to the Act
.
5 .
Complainant is not aware that the Respondents have previously-adjudicated
violations. After a diligent inquiry, Respondents represent that they have no previously-
adjudicated violations.
6.
Self-disclosure is not at issue in this matter
.
8
project .
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE MARCH 30, 2006
7
.
The settlement of this matter does not include a supplemental environmental
VIII . TERMS OF SETTLEMENT
A .
Penalty Payment
1 .
Smith shall pay a total civil penalty in the sum of Eight Thousand Dollars
($8,000.00) within thirty (30) calendar days from the date the Board adopts and accepts this
Stipulation . The Respondents shall be jointly and severally liable for this payment . The
Respondents stipulate that the sum of $8,000 .00 has been deposited with William J . Anaya
(counsel of record for Volo), in escrow, which sum shall be disbursed as herein provided
.
Further, Respondents stipulate that said attorney has been directed to make the penalty payment
on behalf of Smith within thirty (30) calendar days from the date the Board adopts and accepts
this Stipulation in the manner described below. The penalty described in this Stipulation shall be
paid by counsel's law firm check payable to the "Illinois EPA," designated for deposit in 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 Smith's Federal Employer Identification Number shall
appear on the check. A copy of the check and any transmittal letter shall be sent to
:
Michael C. Partee (or designee)
Assistant Attorney General
Environmental Bureau
188 West Randolph Street, Suite 2001
Chicago, IL 60601
9
2
.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE MARCH 30, 2006
following address
:
Charles W. Gunnarson (or designee)
Assistant Counsel
Illinois Environmental Protection Agency
1021
North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
For purposes of payment and collection, Respondents may be reached at the
To: Village of Volo
Village of Volo
27273 Volo Village Road
Volo, Illinois 60073
Attention : Village President
with a copy to
:
Arnstein & Lehr, LLP
120 South Riverside Plaza
Suite 1200
Chicago, Illinois 60606-3109
Attention: Mr. William J. Anaya
To: Smith
Smith Engineering Consultants, Inc
.
4500 Prime Parkway
Mc Henry, Illinois 60050
Attention : Mr. Timothy J. Hartnett
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 VIILD below, the Respondents hereby agree that this
Stipulation may be used against the Respondents in any subsequent enforcement action or permit
proceeding as proof of a past adjudication of violation of the Act and the Board and Illinois EPA
Regulations promulgated thereunder for all violations alleged in the Complaint in this matter, for
10
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE MARCH 30, 2006
purposes of Sections 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, Respondents agree 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 Respondents shall cease and desist from future violations
of
the Act and Board and
Illinois EPA 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 payment of the $8,000.00 civil penalty pursuant to Section VIILA
and to cease and desist pursuant to Section VIII .C and upon the Board's acceptance and approval
of the terms of this Stipulation, the Complainant releases, waives and discharges the
Respondents from any further liability or penalties for violations of the Act and Board and
Illinois EPA 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 December 9, 2005 in this cause . The Complainant reserves, and this
Stipulation is without prejudice to, all rights of the State of Illinois against the Respondents 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
1
1
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE MARCH 30, 2006
d .
liability or claims based on the Respondents' 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
Respondents
.
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 facility which is the subject of this Stipulation, at all reasonable times for the purposes
of carrying out inspections to monitor compliance with the provisions of this Stipulation. 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 .
F.
Enforcement of Board Order
1
.
Upon the entry of the Board's Order approving and accepting this Stipulation, that
Order is a binding and enforceable order of the Board and may be enforced as such through any
and all available means
.
2 .
Complainant and Respondents agree that notice of any subsequent proceeding to
enforce the Board Order approving and accepting this Stipulation may be made by mail and
Complainant and Respondents waive any requirement of service of process .
12
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE MARCH 30, 2006
The parties agree that, if the Board does not approve and accept this Stipulation,
then no party is bound by the terms herein .
4 .
It is the intent of the Complainant and Respondents that the provisions of this
Stipulation 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 .
WHEREFORE, Complainant and Respondents request that the Board adopt and accept
the foregoing Stipulation as written
.
1 3
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE MARCH 30, 2006
PEOPLE OF THE STATE OF ILLINOIS,
by LISA MADIGAN, Attorney General
of the State of Illinois
MATTHEW J. DUNN, Chief
Environmental Enforcement/
Asbestos Litigation Division
BY :
ROSEMARIE CAZE
e
Environmental Bur
Assistant Attorney General
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY
ROBERTA. MES INA
Chief Legal Counsel
BY :
VILLAGE OF VOLO
BY
:
BURNELL RUSSELL, Village President
SMITH ENGINEERING CONSULTANTS, INC .
BY : I/in7l~y_) l'
TIMOT Y J. HARDNETT, ice President
14
DATE :
3/'i''0 (..
WJ^`
DATE :
340
(~
DATE
:
4(
--CC
DATE:~y~7,7
OL
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE MARCH 30, 2006
CERTIFICATE OF SERVICE
It is hereby certified that true and correct copies of the Notice of Motion and Other
Filing, Motion for Relief from Hearing Requirement and Stipulation and Proposal for
Settlement, were sent by First Class Mail, postage prepaid, to the persons listed on the Notice of
Filing on March 30, 2006
.
BY
:
It is hereby certified that the above referenced documents were electronically filed with
the following person on March 30, 2006
:
Pollution Control Board, Attn: Clerk
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
BY
:
MICHAEL C. PARTEE
