*
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
1
)
)
Complainant,
)
)
)
)
PCB No. 06-35
v.
1
1
(Enforcement-Air)
)
)
QUANTUM COLOR GRAPHICS, L.L.C., an
)
Illinois limited liability company,
)
)
Respondent.
NOTICE OF FILING
TO:
See attached service list (VIA ELECTRONIC FILING)
PLEASE TAKE NOTICE that today I have electronically filed with the Office of
the Clerk of the Pollution Control Board a Motion to Request Relief from Hearing, and a
Stipulation and Proposal for Settlement as to Respondent Quantum Color Graphics, LLC,
a copy of which is attached and hereby served upon you.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS,
LISA MADIGAN,
Attorney General of the State of Illinois
By:
-LA
KATHERINE M.
A SRATH
-7,
Assistant Attorney General
Environmental Bureau
188 W. Randolph St., 20th Floor
Chicago, Illinois 60601
(3
12) 8 14-0660
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 11, 2006
SERVICE LIST
Mr. Robert M. Baratta, Jr.
Freeborn
&
Peters
3
11 South Wacker Drive, Suite 3000
Chicago, IL 60606-6677
Mr. Howard A. Balikov
555 Skokie Blvd.
Suite 400
Northbrook, IL 60062
Mr. Bradley P. Halloran, Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph, Suite 1 1-500
Chicago, IL 60601
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 11, 2006
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
1
)
)
Complainant,
1
1
)
1
PCB NO. 06-35
v.
1
)
(Enforcement- Air)
1
)
QUANTUM COLOR GRAPHICS, L.L.C., an
)
Illinois limited liability company,
)
)
Respondent.
MOTION TO REQUEST RELIEF
FROM HEARING REQUIREMENT
NOW COMES the Complainant, PEOPLE OF THE STATE OF ILLINOIS, by
LISA MADIGAN, Attorney General of the State of Illinois, and requests relief from the
hearing requirement in the above-captioned matter. In support thereof, the Complainant
states as follows:
1.
On September 6,2005, the Complaint was accepted for hearing by the
Pollution Control Board ("Board") in this matter. On September 11,2006, a Stipulation
and Proposal for Settlement with Respondent Quantum Color Graphics, LLC was filed
with the Board. If accepted, the Stipulation and Proposal for Settlement will dispose of
the case.
2.
Section 31(c)(2) of the Illinois Environmental Protection Act ("Act"), 415
ILCS 513 1(c)(2) (2004), allows the parties in certain enforcement cases to request relief
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 11, 2006
fiom the mandatory hearing requirement where the parties have submitted to the Board a
stipulation and proposal for settlement. Section 3 1(c)(2) 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). Unless the Board, in its discretion, concludes that a
hearing will be held, the Board shall cause notice of the stipulation, proposal and
request for relief to be published and sent in the same manner as is required for
hearing pursuant to subdivision (1) of this subsection. The notice shall include a
statement that any person may file a written demand for hearing within 21 days
after receiving the notice. If any person files a timely written demand for hearing,
the Board shall deny the request for relief from a hearing and shall hold a hearing
in accordance with the provisions of subdivision (1).
3.
No hearing is currently scheduled in the instant case.
4.
Both parties agree that a hearing on the Stipulation and Proposal for
Settlement is not necessary, and respectfully request relief fiom such hearing as allowed
by Section 3 1
(c)(2) of the Act, 41 5 ILCS
513
1
(c)(2) (2004).
WHEREFORE, the Complainant, PEOPLE OF THE STATE OF ILLINOIS, by
LISA MADIGAN, Attorney General of the State of Illinois, respectfully requests that the
Board grant this motion for relief from the hearing requirement set forth in Section
3l(c)(l) of the Act, 41 5 ILCS 513 l(c)(l) (2004).
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS,
LISA MADIGAN,
Attorney General of the State of Illinois
By:
c&--Zji$-
KATHERINE M. HAUSRATH
Assistant Attorney General
Environmental Bureau
188 W. Randolph St., 20th Floor
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 11, 2006
Chicago, Illinois 60601
(3
12) 8 14-0660
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 11, 2006
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
1
)
Complainant,
1
)
)
PCB NO. 06-35
v.
1
(Enforcement-Air)
)
QUANTUM COLOR GRAPHICS, L.L.C., an
)
Illinois limited liability company,
)
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 QUANTUM COLOR GRAPHICS, L.L.C. ("Respondent" or "Quantum"), 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, Respondent agrees
1
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 11, 2006
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"),
41 5 ILCS 511
et
seq.
(2004).
11.
AUTHORIZATION
The undersigned representatives for each party certify that they are hlly authorized by the
party whom they represent to enter into the terms and conditions of this Stipulation and to legally
bind them to it.
111.
STATEMENT OF FACTS
A.
Parties
1.
On September 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
3
1 of the Act, 41 5 ILCS 513 1(2004),
against the Respondent, Quantum.
2.
The Illinois EPA is an administrative agency of the State of Illinois, created
pursuant to Section 4 of the Act, 415 ILCS 514 (2004).
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 11, 2006
3.
At all times relevant to'this Stipulation, Respondent, Quantum, was and is an
Illinois limited liability company in good standing.
B.
Site Description
1.
At all times relevant to thls Stipulation, Respondent owned and operated a
printing facility located at 65 11 West Oakton Street, Morton Grove, Cook County, Illinois
("Facility").
The emissions sources at the Facility include four lithographic printing presses.
2.
In 1985, Quantum constructed and began operation of lithographic printing
press #240-1 ("Press 1"). Operation of Press 1 was discontinued in May of 1998. In June of
1994, Quantum constructed and began operation of lithographic printing press #640-4 ("Press
4").
Operation of Press 4 was discontinued in July of 2004. In September of 1997, Quantum
constructed and began operation of lithographic printing press #640-2 ("Press 29, and
lithographic printing press #640-3 LYL ("Press 3").
In May of 1998, Quantum constructed
and began operation of lithographic printing press #540-5 (:'Press 5"). In August of 2004,
~&tum constructed and began operation of lithographic printing press #840-4 ("Press 6").
As of the time of the filing of the complaint in this matter, Press 2, Press
3,
Press 5 and Press 6
were still in operation.
3.
The construction of Press 2 and Press 3 in 1997 increased Quantum's potential to
emit ("PTE) to greater than twenty-five tons per year of volatile organic matter.
C.
Allegations of Non-Compliance
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 11, 2006
Complainant contends that Quantum has violated the following provisions of the Act and
Board regulations:
Count I:
Constructing Emission Sources Without a Permit
Violation of Section 9(b) of the Act, 415 LCS 5/9(b) (2004), and Section
201.142 of the Board Air Pollution Regulations, 35 Ill. Adm. Code
201.142.
Count 11:
Operating Emission Sources Without a Permit
Violation of Section 9(b) of the Act, 41 5 ILCS 5/9(b) (2004), and Section
201.143 of the Board Air Pollution Regulations, 35 Ill. Adm. Code
201.143.
Count 111:
Failure to Obtain a CAAPP Permit for a Maior Source
Violation of Section 39.5(6)(b) of the Act, 415 ILCS 5/39.5(6)(b)
(2004).
Count IV:
Failure to Comply with New Source Review Requirements
Violation of Section 9(a) of the Act, 41 5 ILCS 5/9(a) (2004), and Section
203.201 of the Board Air Pollution Regulations, 35 Ill. Adm. Code
203.201.
Count V:
Failure to Submit Certification
Violation of Section 9(a) of the Act, 415 ILCS 5/9(a) (2004), and
Sections 2 18.4 1
1
(a)(l)(A) and (c)(l) of the Board Air Pollution
Regulations, 35 Ill. Adm. Code 218.41 l(a)(l)(A) and (c)(l).
Count VI:
Failure to Keep Records
Violation of Section 9(a) of the Act, 415 ILCS 5/9(a) (2004), and Section
2 18.41
l(c)(2) of the Board Air Pollution Regulations, 35 Ill. Adm. Code
218.41 1(c)(2).
Count VII:
Failure to Submit a Fugitive Dust Plan
Violation of Section 9(a) of the Act, 415 ILCS 5/9(a) (2004), and Section
212.309(a) of the Board Air Pollution Regulations, 35 Ill. Adm. Code
212.309(a).
Count VII:
Failure to Submit Annual Emission Reports
Violation of Section 9(a) of the Act, ILCS 5/9(a) (2004), and Sections
201.302(a) of the Board Air Pollution Regulations, 35 Ill. Adm. Code
201.302(a).
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 11, 2006
D.
Non-Admission 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 allegations of violation within the Complaint and referenced within
Section DI.C herein, and this Stipulation shall not be interpreted as including such admission.
E.
Compliance Activities to Date
1.
On June 16,2004, the Illinois EPA received Quantum's Clean Air Act Permit
Program ("CAAPP") permit application. The CAAPP permit application is currently pending
with the Illinois EPA, but has not yet been issued.
2.
In October, 2004, Quantum began to keep records concerning its lithographic
printing operations, submitted a fugitive dust plan to the Illinois EPA, and submitted the annual
emissions reports accurately documenting all Facility emissions for 1997 to 2003.
IV. APPLICABILITY
This Stipulation shall apply to and be binding upon the Complainant and Quantum, and
any officer, director, agent, or employee of Quantum, as well as any successors or assigns of
Quantum. Quantum 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.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 11, 2006
V.
COMPLIANCE WITH OTHER LAWS AND REGULATIONS
This Stipulation in no way affects the responsibilities of Quantum 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;
2.
the social and economic value of the pollution source;
3.
the suitability or unsuitability of the pollution source to the area in which it
is located, including the question of priority of location in the area
involved;
4.
the technical practicability and economic reasonableness of reducing or
eliminating the emissions, discharges or deposits resulting from such
pollution source; and
5.
any subsequent compliance.
In response to these factors, the parties state the following:
1.
The Illinois EPA7s
information gathering responsibilities were hindered by
Quantum's construction and operation of the six emission units without the proper permits,
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 11, 2006
operation without submission of a CAAPP permit from 1997 to 2004, failure to comply with
New Source Review requirements, failure to timely file and keep required reports and records,
and failure to file a fugitive dust plan.
2.
The Facility has a social and economic benefit.
3.
Operation of the printing Facility is suitable for the area in which it is located.
4.
Obtaining permits prior to construction and operation of the emission units at the
Facility, timely filing and keeping required reports and certifications, complying with the New
Source Review requirements, and filing a fugitive dust plan were all technically practicable and
economically reasonable.
5.
Respondent has committed to comply with the Act and the Board Regulations.
Respondent will be in full compliance upon issuance of its CAAPP permit.
VII.
CONSIDERATION OF SECTION 42(h) FACTORS
Section 42(h) of the Act, 41 5 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;
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;
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 11, 2006
4.
the amount of monetary penalty which will serve to deter futher 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.
Plaintiff alleges that Quantum failed to obtain a permit for construction of at least
six emission units and has operated some or all of those emission units for a period of eighteen
years without an operating permit. Plaintiff alleges Quantum also constructed a major source
without demonstrating compliance with the Board's New Source Review regulations. Plaintiff
alleges Quantum operated from 1997 to June 16,2004 without submitting a CAMP permit
application. From March 15, 1996 through October 2004, Plaintiff alleges Quantum failed to
keep records concerning its lithographic printing operations and failed to submit certifications of
compliance with the Board's lithographic printing regulations. Plaintiff alleges from 1996
through October 13,2004, Quantum failed to submit a fugitive dust plan to the Illinois EPA.
Plaintiff alleges for calendar years 1997 through 2003, Quantum failed to submit to the Illinois
EPA annual emissions reports accurately documenting all Facility emissions.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 11, 2006
2.
Quantum was diligent in attempting to come back into compliance with the Act,
Board regulations and applicable federal regulations, once Quantum became aware of the full
extent of its noncompliance. In 2004, Quantum informed the Illinois EPA that it believed it
needed a CAAPP permit, and asked to meet with the Illinois EPA in order to resolve any
outstanding violations. In October, 2004, Quantum began to keep records concerning its
lithographic printing operations, submitted a fugitive dust plan to the Illinois EPA, and submitted
the annual emissions reports for 1997 to 2003
3.
The economic benefit of noncompliance to Quantum is calculated at $12,725.00.
This amount represents avoided construction and operating permit fees from 1986 through 2003.
4.
Complainant has determined, based upon the specific facts of this matter, that a
penalty of Forty-Four Thousand Dollars ($44,000.00), which represents Twelve Thousand Seven
Hundred Twenty-Five Dollars ($12,725.00) in recovered economic benefit, and Thirty-One
Thousand Two Hundred Seventy-Five Dollars ($3 1,275.00) in penalties, will serve to deter
further violations and aid in future voluntary compliance with the Act and Board regulations.
5.
To Complainant's knowledge, Quantum has no previously adjudicated violations
of the Act.
6.
Self-disclosure in accordance with Section 42(i) of the Act, 415 ILCS 5/42(i)
(2004), is not at issue in this matter.
7.
The settlement of this matter does not include a supplemental environmental
project.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 11, 2006
VIII.
TERMS OF SETTLEMENT
A.
Penalty Payment
1.
Quantum shall pay a civil penalty in the sum of Forty-Four Thousand Dollars
($44,000.00) within thirty (30) days fkom the date the Board adopts and accepts this Stipulation.
Quantum stipulates that payment has been tendered to Quantum's attorney of record in this
matter in a form acceptable to that attorney. Further, Quantum stipulates that said attorney has
been directed to make the penalty payment on behalf of Quantum, within thirty (30) days fiom
the date the Board adopts and accepts this Stipulation, in a manner prescribed below. The
amount of Thirty-One Thousand Two Hundred Seventy-Five Dollars
($3
1,275.00) shall be paid
by certified check, money order or electronic funds transfer payable to the Illinois EPA,
designated to the Illinois Environmental Protection Trust Fund and submitted to:
Illinois Environmental Protection Agency
Fiscal Services Section
102
1 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
The amount of Twelve Thousand Seven Hundred Twenty-Five Dollars ($12,725.00) shall be
paid by certified check, money order or electronic funds transfer payable to the Illinois EPA,
designated to the Environmental Inspection and Permit Fund and submitted to:
Illinois Environmental Protection Agency
Fiscal Services Section
102
1 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 11, 2006
,
The name and number of the case and Quantum's Federal Employer Identification Number
("FEIN), 36-4015016, shall appear on the check(s). A copy of the certified check(s), money
order(s) or record(s) of electronic funds transfer and any transmittal letter(s) shall be sent to:
Katherine M. Hausrath
Assistant Attorney General
Environmental Bureau
188 W. Randolph St., 2oth
Floor
Chicago, Illinois 60601
Maureen Wozniak
Assistant Counsel
Illinois Environmental Protection Agency
102 1 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
2.
Pursuant to Section 42(g) of the Act, 41 5 ILCS 5142(g) (2004), interest shall
accrue on any payment not paid within the time period prescribed above at the maximum rate
1
.
allowable under Section 1003(a) of the Illinois Income Tax Act, 35 lLCS 511003 (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, Quantum may be reached at the
following address:
Raymond Barrett
Quantum Color Graphics, L.L.C.
11
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 11, 2006
65 1 1 West Oakton Street
Morton Grove, Illinois 60053
with a copy to:
Robert M. Baratta, Jr.
Freeborn
&
Peters LLP
3 1 1 South Wacker Drive
Suite 3000
Chicago, Illinois 60606
4.
In the event of default of this Section VIII.A, the Complainant shall be entitled to
all available relief including, but not limited to, reasonable costs of collection and reasonable
attorney's fees.
B.
Future Compliance
1.
Upon the issuance of the CAAPP permit for the Facility by the Illinois EPA,
Quantum shall at all times operate its Facility in compliance with all of the terms and conditions
of said CAAPP Permit, including any and all special and standard conditions contained therein.
2.
Defendant shall at all times in the future timely submit to the Illinois EPA its
CAAPP permit renewal application.
C.
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 fiom Liability contained in Section VIII.E, below, Quantum hereby agrees that this
Stipulation may be used against Quantum in any subsequent enforcement action or permit
proceeding as proof of a past adjudication of violation of the Act and the Board Regulations
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 11, 2006
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, Quantum agrees to waive any rights to contest, in any subsequent enforcement action or
permit proceeding, any allegations that these alleged violations were adjudicated.
D.
Cease and Desist
Quantum 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.
E.
Release from Liability
In consideration of Quantum's payment of the $44,000.00 penalty and any specified costs
and accrued interest, completion of all activities required hereunder, to Cease and Desist as
contained in Section VIII.D and upon the Pollution Control Board's acceptance
and approval of
the terms of this Stipulation, the Complainant releases, waives and discharges Quantum from any
Wher 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 September
6,2005. The
Complainant reserves, and this Stipulation is without prejudice to, all rights of the State of
Illinois against Quantum with respect to all other matters, including but not limited to, the
following:
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 11, 2006
a. criminal liability;
b.
liability for future violation of state, federal, local, and common laws andfor
regulations;
c.
liability for natural resources damage arising out of the alleged violations; and
d.
liability or claims based on Quantum'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 3.3 15 of the Act, 41 5 ILCS 513.3 15, or entity other than Quantum.
F.
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
Quantum'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.
G.
Correspondence, Reports and Other Documents
Any and all correspondence, reports and any other documents required under this
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 11, 2006
Stipulation, except for payments pursuant to Sections VII1.A ("Penalty Payment") of this
stipulation shall be submitted as follows:
As to the Complainant
Katherine M. Hausrath
Assistant Attorney General
Environmental Bureau
188 W. Randolph St., 2oth
Floor
Chicago, Illinois 6060 1
Maureen Wozniak
Assistant Counsel
Illinois EPA
102
1 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
Manager
Compliance and Enforcement Section
Illinois EPA
1 02 1 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
As to Quantum
Raymond Barrett
Quantum color Graphics, L.L.C.
65 1 1 West Oakton Street
Morton Grove, Illinois 60053
with a copy to:
Robert M. Baratta, Jr.
Freeborn
&
Peters LLP
3 1 1 South Wacker Drive
Suite 3000
15
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 11, 2006
Chicago, Illinois
60606
H.
Modification of Stipulation
The parties may, by mutual written consent, agree to extend any compliance dates or
modifl the terms of this Stipulation.
A
request for any modification shall be made in writing and
submitted to the contact persons identified in Section V1II.G. 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.
I.
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 Illinois Pollution Control Board and may be
enforced as such through any and all available means.
2.
Quantum agrees that notice of any subsequent proceeding to enforce the Board
Order approving and accepting this Stipulation 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,
then neither party is bound by the terms herein.
16
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 11, 2006
4.
It is the intent of the Complainant and Quantum that the provisions of thls
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.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 11, 2006
WHEREFORE, Complainant and Quantum 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
Assistant Attorney General
'
I
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY
Chief Legal Counsel
QUANTUM COLOR GRAPHICS, L.L.C., an Illinois
limited liability company.
DATE:
(PG
BY:
Name:
bqv\nowb
3,
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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 11, 2006
CERTIFICATE OF SERVICE
I, KATHERINE M. HAUSRATH, an Assistant Attorney General, do certify that I
caused to be mailed this
day of September, 2006, the foregoing Motion to Request
Relief from Hearing, Stipulation and Proposal for Settlement with Respondent Quantum
Color Graphics, LLC, and Notice of Filing, upon the persons listed on said notice, by
certified mail.
Assistant Attorney General
Environmental Bureau
188 West Randolph, 20" Floor
Chicago, IL 60601
3 12-8 14-0660
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, SEPTEMBER 11, 2006