BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

PEOPLE OF THE STATE OF ILLINOIS,

)

)

Complainant,

1

)

VS.

1

No. PCB 04-107

1

(Enforcement

-

Land)

PETER BABANIOTIS, an individual,

)

)

Respondent.

)

VIA ELECTRONIC FILING

NOTICE OF FILING

TO:

Bruce L. Zumstein

Dorothy Gum, Clerk

Bonds, Zumstein, Konzelman

&

Illinois Pollution Control Board

Hefferman

Suite 1 1-500

60 North Chicago Street

James R. Thompson Center

Joliet, IL 60432

-1396

100

W. Randolph Street

Chicago, IL 60601

PLEASE TAKE NOTICE that

I have today filed with the Office of the Clerk of the

Illinois Pollution Control Board by electronic filing the following Stipulation and Proposal for

Settlement,

an Agreed Motion for Relief from the Hearing Requirement, copies of which are

attached and hereby served upon you.

Respectfully submitted,

PEOPLE OF THE STATE OF ILLINOIS

LISA

MADIGAN

Attorney General

State o'f

1llinois

r

Assistant Attorney General

Environmental Bureau

188

W. Randolph St., 20th F1.

Chicago, IL 60601

(312) 814-3816

DATE: July

25,2006

THIS FILING IS SUBMITTED ON RECYCLED PAPER

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JULY 25, 2006

---

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

PEOPLE OF THE STATE OF ILLINOIS,

1

1

Complainant,

1

1

VS.

)

No. PCB 04-107

1

(Enforcement

-

Land)

PETER

BABANIOTIS, an individual,

1

)

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

3

1(c)(2) of the Illinois Environmental Protection Act, ("Act"), 415 ILCS

513

1 (c)(2)(2OO4) provides as follows:

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

3

l(c)(2) of the Act, 41 5 ILCS

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JULY 25, 2006

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WHEREFORE, Complainant and Respondent request relief from the hearing requirement

pursuant to Section 3 1

(c)(2) of the Act.

Respectfully submitted,

PEOPLE OF THE STATE OF. ILLINOIS

LISA

MADIGAN

Attorney General

State of

~llinois

MATTHEW J. DUNN, Chief

Environmental Enforcement1

Asbestos Litigation Division

DATE: July 25,2006

BY:

k,d

ROS~EW

Environmental Bureau

Assistant Attorney General

\

188 West Randolph Street, 20th FI.\

Chicago, Illinois 60601

(3 12)

8 14-3094

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JULY 25, 2006

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BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

PEOPLE OF THE STATE OF ILLINOIS,

)

1

Complainant,

1

1

PCB 04-107

v.

1

1

(Enf orcement

-

Land)

PETER BABANIOTIS, an individual,

)

)

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 PETER

BABANIOTIS

("Respondentr1), 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 Complaint except as otherwise provided

herein. If the Board approves and enters this Stipulation,

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JULY 25, 2006

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\

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

N

), 415 ILCS 5/1

et

seq.

(2004).

11. 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.

A.

Parties

1. On December 29, 2003, 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).

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JULY 25, 2006

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3. At all times relevant to the Complaint, Respondent

was and is a resident of the State of Illinois.

B.

Site Description/Factual and Procedural History

1. At all times relevant to the Complaint, Respondent

owned and operated two gasoline underground storage tanks

("USTs") at a facility located at 101 E. Jefferson Street,

Shorewood, Will County, Illinois (

"site")

.

2. An investigation based on citizen complaints revealed

the presence of hydrocarbon vapors in residences near the site in

January 1993.

3. Tank tightness tests performed on January

15, 1993

determined that the USTs at the Site failed tightness standards,

indicating a potential to leak.

4. On December 5, 1994, the USTs were removed from the

Site.

5. The Respondent submitted a Corrective Action Plan

('CAP

") to the Illinois EPA in November 1997 and again in

November 2002. The Illinois EPA approved the second CAP by

letter of February 3, 2003.

6. The Respondent submitted a Corrective Action Completion

Report to the Illinois EPA on September 15, 2003. By letter of

October 22, 2003, the

Completion Report for

letter. The Illinois

Illinois EPA denied the Corrective Action

reasons specifically enumerated in the

EPA1s letter of October 22, 2003 is hereby

3

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JULY 25, 2006

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attached and incorporated into this Stipulation and Proposal for

Settlement as Attachment A.

C. Allegations of Non-Compliance

Complainant contends that the

following provisions of the Act

an(

Respondent has violated the

3

Board regulations:

Count I:

Count I I

:

Water Pollution, in violation of Section 12(a) of

the Act, 415 ILCS 5/12 (a) (2004)

.

Creation of a Water Pollution Hazard, in

violation of Section

12(d) of the Act, 415 ILCS

5/12-(d) (2004)

.

Count 111:

Count IV:

Count V

:

D. Admission

Failure to Remove Free Product and to Submit

Report, in violation of Sections 12 (a) and

(f) (2)

of the Act, 415 ILCS

5/(a) and (f) (2) (2OO4), and

35

Ill. Adm. Code 731.164 (a),

(b) and (d)

.

Failure to Define the Extent of Off-Site

Contamination, in violation of Section

12(a) of

the Act, 415 ILCS 5/12 (a)

(2OO4), and 35 Ill.

Adm. Code 731.165(b).

Failure to Provide Adequate Corrective Action

Plan; in violation of Section

12(a) of the Act,

415 ILCS 5/12 (a)

(2OO4), and 35 Ill. Adm. Code

731.166 (a)

.

of Violations

The Respondent 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

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JULY 25, 2006

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allegations of violation within the Complaint and referenced

within Section

1II.C herein, and this Stipulation shall not be

interpreted as including such admission.

E.

Compliance Activities to Date

Respondent has removed the USTs and has obtained an approved

CAP; has implemented the CAP; but has not submitted an approvable

CACR

.

IV. APPLICABILITY

1. 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.

2. No change in ownership, corporate status or operator of

the facility shall in any way alter the responsibilities 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.

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JULY 25, 2006

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3.

In the event that the Respondent proposes to sell or

transfer any real property or operations subject to any Order

accepting and adopting the terms of this Stipulation and Proposal

for Settlement, the Respondent shall notify the Complainant

30

days prior to the conveyance of title, ownership or other

interest, including a leasehold interest in the facility or a

portion thereof. The Respondent shall make the prospective

purchaser or

successor~s compliance with any Order accepting and

adopting the terms of this Stipulation a condition of any such

sale or transfer and shall provide a copy of this Stipulation and

any Order accepting and adopting the terms of this Stipulation to

any such successor in interest.

4. The Respondent shall notify each contractor to be

,retained to perform work required by any Order accepting and

adopting the terms of this Stipulation of each of the

requirements of said Order relevant to the activities to be

performed by that contractor, including all relevant work

schedules and reporting deadlines, and shall provide a copy of

this Stipulation and any Order accepting and adopting the terms

of this Stipulation to each contractor already retained no later

than

30

days after the date of adoption of this Stipulation. In

addition, the Respondent shall provide copies of all schedules

for implementation of the provisions of this Stipulation to the

prime

vendor(s) supplying the control technology systems and

6

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JULY 25, 2006

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other equipment required by any Order accepting and adopting the

terms 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:

but

1.

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,

not limited to:

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

;

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;

the technical practicability and economic

reasonableness of reducing or eliminating the

emissions, discharges or deposits resulting from

such pollution source; and

any subsequent compliance.

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JULY 25, 2006

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In response to these factors, the parties state the

following:

1. The environment was threatened by the Respondent's

violations due to the length of the delay in addressing the

contaminants present at the Site.

2. There is social and economic benefit to the facility.

3. Operation of the facility was suitable for the area in

which it occurred.

4. Compliance with the requirements pertaining to

addressing contaminants leaked from the USTs is both technically

practicable and economically reasonable.

5. 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 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;

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JULY 25, 2006

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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;

\

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;

the number, proximity in time, and gravity of

previously adjudicated violations of this Act by

the respondent

;

whether the respondent voluntarily self-disclosed,

in accordance with subsection

i of this Section,

the non

-compliance to the Agency; and

whether the respondent has agreed to undertake a

Asupplemental 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 timely address the

contaminants that leaked from the

USTs as required by the Act and

Board regulations. The violations began on or around November

1993, and continued through the filing of the complaint in this

matter.

2. Respondent showed a lack of diligence in attempting to

come back into compliance with the Act, Board regulations and

applicable federal regulations.

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JULY 25, 2006

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3. The penalty obtained negates the economic benefit

accrued as a result of delay in compliance.

4. Complainant has determined, based upon the specific

facts of this matter, that a penalty of Nineteen Thousand One

Hundred and Twenty Five ($19,125.00) Dollars will serve to 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.

A. Penalty Payment

1. The Respondent shall pay a civil penalty in the sum of

$19,125 Dollars ($l9,l25.OO) within thirty (30) 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 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

10

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JULY 25, 2006

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by certified check, money order or electronic funds transfer

payable to the Illinois EPA, designated to the Illinois

Environmental Protection Trust Fund and submitted to:

Illinois Environmental Protection Agency

Fiscal Services Section

1021 North Grand Avenue East

P.O. Box 19276

Springfield, IL 62794

-9276

The name and number of the case and Respondent's Social Security

Number 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:

RoseMarie Cazeau, Chief

Environmental Bureau

Assistant Attorney General

188 W. Randolph St.,

2oth Floor

Chicago, Illinois 60601

James Kropid

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

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JULY 25, 2006

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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:

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.

Compliance Plan

1. Within

60

days of the date of the Board's order

accepting this Stipulation and Proposal for Settlement,

Respondent shall submit a revised Corrective Action Completion

Report ('CACR

"), to the Illinois EPA. The revised CACR shall

clearly address each deficiency in the

2003

CACR as outlined in

the Illinois

EPA1s October

22, 2003

rejection letter. (See

Attachment

A.) Defendant shall, within 30 days of receipt of

notice from Illinois EPA that deficiencies in CACR remains at

issue, address these

deficiencies.in writing to the satisfaction

of the Illinois EPA.

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JULY 25, 2006

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C. Stipulated Penalties

1.

If the Respondent fails to complete any activity or

fails to comply with any response or reporting requirement by the

date specified in Section

VII1.B ("Compliance Plan") of this

Stipulation, the Respondent shall provide notice to the

Complainant of each failure to comply with this Stipulation. In

addition, the Respondent shall pay to the Complainant, for

payment into the EPTF, stipulated penalties per violation for

each day of violation in the amount of

$100.00

until such time

that compliance is achieved.

2. Following the Complainant's determination that the

Respondent has failed to complete performance of any task or

other portion of work, failed to provide a required submittal,

including any report or notification, Complainant may make a

demand for stipulated penalties upon Respondent for its

noncompliance with this Stipulation. Failure by the Respondent

to make this demand shall not relieve the Respondent of the

obligation to pay stipulated penalties.

. .

3. All penalties owed the Complainant under this section

of this Stipulation that have not been paid shall be payable

within thirty

(30)

days of the date the Respondent knows or

should have known of its noncompliance with any provision of this

Stipulation.

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JULY 25, 2006

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4.

a. All stipulated penalties shall be paid by

certified check, money order or electronic funds transfer,

payable to the Illinois EPA for deposit into the EPTF and shall

be sent by first class mail, unless submitted by electronic funds

transfer, and delivered to:

Illinois Environmental Protection Agency

Fiscal Services

1021

North Grand Avenue East

P.O. Box

19276

Springfield, Illinois

62794-9276

b. The name and number of the case and the

Respondent's FEIN shall appear on the face of the check. A copy

of the certified check, money order or record of electronic funds

transfer and any transmittal letter shall be sent to:

RoseMarie Cazeau, Chief

Environmental Bureau

Assistant Attorney General (or other designee)

188

W. Randolph St.,

2oth

Floor

Chicago, Illinois

60601

5. The stipulated penalties shall, be enforceable by the

Respondent and shall be in addition to, and shall not preclude

the use of, any other remedies or sanctions arising from the

failure to comply with this Stipulation.

D.

Future Use

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JULY 25, 2006

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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.F, 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.

E.

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

1II.C ("Allegations of Non-

Compliance") of this Stipulation.

F. Release from Liability

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JULY 25, 2006

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In consideration of the Respondent's payment of the

$19,125.00 penalty and any specified costs and accrued interest,

completion of all activities required hereunder, to Cease and

Desist as contained in Section

VII1.E

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 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 29, 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;

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

16

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JULY 25, 2006

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of action, administrative or judicial, civil or criminal, past or

future, in law or in equity, which the State of Illinois or the

Illinois EPA may have against any person, as defined by Section

3.315 of the Act, 415 ILCS

5/3.315, or entity other than the

Respondent.

G.

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.

H.

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 (

"Penalty Payment") and C ("Stipulated

Penalties

") of this Stipulation shall be submitted as follows:

As, to the Complainant

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JULY 25, 2006

---

RoseMarie Cazeau, Chief

Environmental Bureau

Assistant Attorney General (or other designee)

188

W. Randolph st.

,

2oth

Floor

Chicago, Illinois

60601

James Kropid

Assistant Counsel

Illinois EPA

1021

North Grand Avenue East

P.O. Box

19276

Springfield, Illinois

62794-9276

Jennifer Rossi

Bureau of Land

Illinois EPA

1021

North Grand Avenue East

P.O. Box

19276

Springfield, Illinois

62794-9276

As to the Respondent

Peter Babaniotis

601

CaCrest Drive

Shorewood, Illinois

60431

Bruce L. Zumstein

Codo, Bonds, Zumstein

&

Konzelman

60

North Chicago Street

Joliet, Illinois

60432-1396

I. 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

VII1.H.

Any such request shall be made by separate document, and shall

not be submitted within any other report or submittal required by

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JULY 25, 2006

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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.

J.

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

19

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JULY 25, 2006

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b

law, and therefore unenforceable, the remaining clauses shall

remain in full force and effect.

WHEREFORE, Complainant and Respondent request that the Board

adopt and accept the foregoing Stipulation and Proposal for

Settlement as written.

[THE REMAINDER

O$

THIS PAGE IS INTENTIONALLY LEFT BLANK]

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JULY 25, 2006

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LISA

MADIGAN

Attorney General

MATTHEW J.

DUNN, Chief

Environmental

Asbestos Litigation Division

BY

:

DATE

:

Environmental Meau

ILLINOIS ENVIRONMENTAL PROTECTION

PETER BABANIOTIS

DATE

:

hJ

!z+-L

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JULY 25, 2006

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CERTIFICATE OF SERVICE

I, ROSEMARIE CAZEAU, an Assistant Attorney General, do certify that I caused to be

served on this

2Sh

day of July 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.

ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JULY 25, 2006