BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS
)
by LISA MADIGAN, Attorney General
)
of the State of Illinois,
1
)
Complainant,
)
1
v.
1
)
PCB No. 06-160
MATRIX NATIONAL INVESTMENT
)
(Enforcement
-
Water)
CORP, an Illinois corporation,
1
)
Respondent.
1
NOTICE OF FILING
TO:
See Attached Service List
PLEASE
TAKE NOTICE that on the 13th day of March, 2007, I filed with the
Clerk of the Illinois Pollution Control Board a Stipulation and Proposal for Settlement
and a Motion to Request Relief From Hearing Requirement, copies of which are attached
hereto and are hereby served upon you.
PEOPLE OF THE STATE OF ILLINOIS
LISA
MADIGAN
Attorney General of the
State of Illinois
Assistant Attorney General
Environmental Bureau North
188 West Randolph St.,
2oth Floor
Chicago, Illinois 60601
312-814-2087
DATE: March 13,2007
THIS FILING IS SUBMITTED ON RECYCLED PAPER
Electronic Filing, Received, Clerk's Office, March 13, 2007
SERVICE LIST
Mr. Bradley Halloran
Chief Hearing Officer
Illinois Pollution Control Board
100 West Randolph Street,
1 1 th Floor
Chicago,
IL 60601
Mr. Donald
G. Schweihs
Nack, Richardson,
&
Nack P.C.
P.O. Box 6614
Galena,
IL 61 036
Electronic Filing, Received, Clerk's Office, March 13, 2007
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS
by LISA
MADIGAN, Attorney General
of the State of Illinois,
Complainant,
MATRIX NATIONAL INVESTMENT
CORP, an Illinois corporation,
Respondent.
)
)
)
1
1
)
PCB NO. 06-160
(Enforcement
-
Water)
1
1
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 Matrix National
~nvestment Corp ("Matrix"), 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, Matrix agrees to be bound by the Stipulation
and Board Order and not to contest their validity in any subsequent proceeding to implement or
enforce their terms.
Electronic Filing, Received, Clerk's Office, March 13, 2007
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).
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.
111.
STATEMENT OF FACTS
A.
Parties
.
1.
On May 2, 2006, 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
Matrix.
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).
3.
At all times relevant to the Complaint, Matrix was and is an Illinois corporation in
good standing.
B.
Site Description
1.
At all times relevant to this Complaint, Matrix is and was a company that owns
and is developing a residential subdivision known as Cobblestone Crossing, located in Section
12, Township 28 North, Range 1 West on Oldenburg Road in the northwestern portion of the
City of Galena, Jo Daviess County, Illinois ("Site").
Electronic Filing, Received, Clerk's Office, March 13, 2007
2.
The Site is an approximately thirty-four (34) acre mixed-use development
comprised of twelve (12) single family homes, thirty-two (32) multi-family dwellings and one
commercial building.
3.
Stormwater run-off
from the Site flows south through a storm sewer system and a
separate culvert directly into an unnamed creek on the southern portion of the, Site ("southern
creek"), which flows to a detention pond on the eastern portion of the Site. Stormwater run-off
fi-om the 'Site also flows north into
an unnamed creek on the northern portion of the Site
("northern
creek"), which bypasses the detention pond and leads to the Hughlett Branch of the
Galena River.
4.
The Illinois EPA issued to Matrix a general National Pollutant. Discharge
Elimination System ("NPDES") Permit No.
ILR108050 for storm water discharges from
construction site activities for Cobblestone Crossing Subdivision ("NPDES Permit No.
ILR108050"). NPDES Permit No. ILR108050 became effective on or about April 21, 2003 and
remains in effect as of the date of the filing of this Stipulation.
C.
Allegations of Non-Compliance
Complainant contends that Matrix has violated the following provisions of the Act:
Count I:
WATER POLLUTION: Violation of Section
12(a) of
the Act, 415 ILCS
5/12(a) (2004);
Count
11:
CREATING A WATER POLLUTION HAZARD: Violation of
Section
12(d) of the Act, 41 5 ILCS 5/12(d) (2004);
Count
111:
NPDES PERMIT VIOLATIONS: Violation of Section
12(f) of the Act, 41 5 ILCS 5/12(f) (2004).
D.
Admission of Violations
Matrix admits to the violations alleged in the Complaint filed in this matter and
referenced within Section
1II.C herein.
3
Electronic Filing, Received, Clerk's Office, March 13, 2007
IV.
APPLICABILITY
This Stipulation shall apply to and be binding upon the Complainant and Matrix, and any
officer, director, agent, or employee of Matrix, as well as any successors or assigns of Matrix.
Matrix 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 Matrix 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, 41 5 ILCS 5/33(c)(2004), provides as follows:
In m'aking 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:
Electronic Filing, Received, Clerk's Office, March 13, 2007
1.
The environment was threatened by Matrix's failure to implement adequate
stormwater control measures at the Site.
2.
The Site has social and economic benefit.
3.
Matrix's residential development is suitable for the area in which it is located.
4.
Matrix's compliance with the terms and conditions of NPDES Permit No.
ILR108050 was both technically practicable and economically reasonable.
5.
Matrix has subsequently complied with the Act.
VII.
CONSIDERATION OF SECTION
42(h) FACTORS
Section 42(h) of the Act, 415 ILCS 5/42(h)(2002); 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;
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
Electronic Filing, Received, Clerk's Office, March 13, 2007
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.
Matrix failed to implement and update its storm water pollution prevention plan to
adequately address erosion control issues at the Site, including missing or improperly installed
silt fencing, inadequate stabilization of disturbed soils, and causing, threatening or allowing silt
and sediment laden stormwater runoff to waters of the State. The violations began on or around
November 2004, and were individually resolved at various times in the following year.
2.
Matrix was diligent in attempting to come back into compliance with the Act,
once the Illinois EPA notified it of its noncompliance.
3.
The civil penalty obtained negates any economic benefit that
Matiix may have
accrued as a result of the delay in compliance.
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.
5.
To Complainant's knowledge, Matrix has no previously adjudicated violations of
the Act.
6.
Self-disclosure is not at issue in this matter.
7.
The settlement of this matter does not include a supplemental environmental
project.
VIII. TERMS OF SETTLEMENT
A.
Penalty Payment
1.
Matrix 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.
6
Electronic Filing, Received, Clerk's Office, March 13, 2007
Matrix stipulates that paymentbas been tendered to Matrix's attorney of record in this matter in a
form acceptable to that attorney. Further, Matrix stipulates that said attorney has been directed
to make the penalty payment on behalf of Matrix, within thirty (30) days fiom the date the Board
adopts and accepts this Stipulation, in a manner prescribed below. The penalty described in this
Stipulation shall be paid by certified check or money order payable to the Illinois EPA,
designated to the Illinois Environmental .Protection Trust Fund and submitted to:
Illinois Environmental Protection Agency
Fiscal Services Section
102 1 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
The name and number of the case and Matrix's Federal Employer Identification Number
("FEIN), shall appear on the check. A copy of the certified check or money order and any
transmittal letter shall be sent to:
Stephen
J. Sylvester
Assistant Attorney General
Environmental Bureau
188 W. Randolph St., 2oth Floor
Chicago, Illinois 60601
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 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
paymentts) 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 or money order, payable to the Illinois
Electronic Filing, Received, Clerk's Office, March 13, 2007
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, Matrix may be reached at the following
address:
Matrix National Investment Corp
C/O Rick Hochman, ChairmanICEO
9327 W. Powderhouse Hill Rd.
P.O. Box 6226
Galena, IL 6 1 03
6
4.
For purposes of payment and collection, Matrix's attorney may be reached at the
following address:
Donald
G. Schweihs, Esq.
609 Gear St.
P.O. Box 6614
Galena,
IL 6 1 03 6
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.
Compliance Plan
1.
Matrix shall comply with all of the terms and conditions of its NPDES stormwater
permit for the Site, including but not limited to the following:
a.
Ensure that all disturbed areas at the Site, which will not be undergoing
construction activities for a period of more than twenty-one (21) consecutive days, are stabilized
to prevent soil erosion
from those areas;
b.
Perform weekly site inspections of the entire Site and perform site
inspections within twenty-four (24) hours of the end of any storm that is 0.5 inches or greater or
equivalent snowfall and record the findings of those inspections as required by the NPDES
. .
Electronic Filing, Received, Clerk's Office, March 13, 2007
stormwater permit;
2.
Within fourteen days of the Board Order accepting entry of this Stipulation,
Matrix shall submit to the Complainant copies of the weekly site inspection reports for the Site
for the period beginning November 1,2006. Thereafter, Matrix shall send copies of its inspection
reports to the Complainant every two weeks, at a minimum of one inspection report per week,
until such time as its NPDES stormwater permit is terminated by the Illinois EPA.
3.
Matrix shall notify Complainant thirty (30) days prior to requesting termination of
its NPDES stormwater permit for the Site.
C.
Stipulated Penalties
1.
If Matrix 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, Matrix shall provide notice to the Complainant of each failure to comply with this
Stipulation.
In addition, Matrix shall pay to the Complainant, for payment into the EPTF,
stipulated penalties per violation for each day of violation in the amount of $200.00 until such
time that compliance is achieved.
2.
Following the Complainant's determination that Matrix 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 Matrix for its noncompliance with this Stipulation. Failure by Matrix to make this demand
shall not relieve Matrix 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 Matrix knows or should have
known of its noncompliance with any provision of this Stipulation.
Electronic Filing, Received, Clerk's Office, March 13, 2007
4.
a.
All stipulated penalties shall be paid by certified check or money order,
payable to the Illinois EPA for deposit into the EPTF and shall be sent by first class mail and
delivered to:
Illinois Environmental Protection Agency
Fiscal Services
102 1 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
b.
The name and number of the case and Matrix's
FEN shall appear on the
face of the check.
A copy of the certified check or money order and any transmittal letter shall
be sent to:
Stephen
J. Sylvester
Assistant Attorney General
Environmental Bureau
188 W. Randolph St., 2oth Floor
Chicago, Illinois 60601
5.
The stipulated penalties shall be enforceable by the Complainant 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
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, Matrix hereby agrees that this
Stipulation may be used against Matrix 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).
Electronic Filing, Received, Clerk's Office, March 13, 2007
Further, Matrix 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
Matrix shall cease and desist from future violations of the Act 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
In consideration of Matrix's payment of a $15,000.00 penalty and any specified costs and
accrued interest, and its commitment to Cease and Desist as contained in Section
VIII.C, 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 Matrix
from any
fkther 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
expressli specified in Complainant's Complaint filed on May 2, 2006. The
Complainant reserves, and this Stipulation is without prejudice to, all rights of the State of
Illinois against Matrix 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 Matrix's failure to satisfy the requirements of this
Stipulation.
Electronic Filing, Received, Clerk's Office, March 13, 2007
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 Matrix.
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 Site 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.
Enforcement of ~oard 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.
Matrix 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
is bound by the terms herein.
4.
It is the intent of the Complainant and Matrix 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
Electronic Filing, Received, Clerk's Office, March 13, 2007
inconsistent with state or federal law, and therefore unenforceable, the remaining clauses shall
remain in full force and effect.
I.
Execution of Document
This Stipulation and Proposal for Settlement shall become effective only when executed
by all parties and accepted and approved by the Board. This Stipulation and Proposal for
Settlement may be executed by the parties in one or more counterparts, all of which taken
together, shall constitute one and the same instrument.
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 of the State of Illinois
MATTHEW
J. DUNN, Chief
Environmental Enforcement/
Assistant Attorney General
ILLINOIS
IRONMENTAL PROTECTION
AGENCY
BY:
ROBERT
A.
MESSINA
Chief Legal Counsel
MATFUX NATIONAL INVESTMENT CORP
BY:
Name:
DATE:
Title:
Electronic Filing, Received, Clerk's Office, March 13, 2007
b
&
inconsistent with state or federal law, and therefore unenforceable, the remaining clauses shall
remain in full force and effect.
I.
Execution of Document
This Stipulation and Proposal for Settlement shall become effective only when executed
by all parties and accepted and approved by the Board. This Stipulation and Proposal for
Settlement may be executed by the parties in one or more counterparts, all of which taken
together, shall constitute one and the same instrument.
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 of the State of Illinois
MATTHEW
J. DUNN, Chief
Environmental Enforcement/
Asbestos Litigation Division
BY:
ROSEMARIE CAZEAU, Chief
DATE:
Environmental Bureau
Assistant Attorney General
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY
BY:
DATE:
DATE:
d~&
19 , &f!
Title:
Electronic Filing, Received, Clerk's Office, March 13, 2007
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS
by LISA
MADIGAN, Attorney General
of the State of Illinois,
Complainant,
MATRIX NATIONAL INVESTMENT
COW, an Illinois corporation,
Respondent.
)
1
)
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1
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1
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PCB No. 06- 160
)
(Enforcement
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Water)
1
)
1
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 May 2,2006, a Complaint was filed with the Illinois Pollution Control
Board ("Board") in this matter. On March 13 2007, a Stipulation and Proposal for
Settlement was filed with the Board.
2.
Section
3
1 (c)(2) of the Illinois Environmental Protection Act ("Act"), 41
5
ILCS
513
1 (c)(2) (2004), effective August 1, 1996, allows the parties in certain
enforcement cases to request relief from the mandatory hearing requirement where the
parties have submitted to the Board a stipulation and proposal for settlement.
3.
Section
3
1 (c)(2) of the Act, 41
5 513
1 (c)(2) (2004), 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). Unless the
Electronic Filing, Received, Clerk's Office, March 13, 2007
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).
4.
No hearing is currently scheduled in the instant case.
5.
The Complainant requests the relief conferred by Section 3
l(c)(2) of the
Act, 415 ILCS
5/31(c)(2) (2004).
WHEREFORE, the Complainant, PEOPLE OF THE STATE OF ILLINOIS, by
LISA
MADIGAN, Attorney General of the State of Illinois, requests relief from the
requirement of a hearing pursuant to 415 ILCS
513 1(c)(2) (2004).
.
.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA
MADIGAN
Attorney General of the
State of Illinois
BY:
3%
ST~~HEN
J. SKVESTM
Assistant Attorney General
Environmental Bureau North
188 West Randolph St.,
2oth Floor
Chicago, Illinois 60601
312-814-2087
Electronic Filing, Received, Clerk's Office, March 13, 2007
CERTIFICATE OF SERVICE
I, STEPHEN J. SYLVESTER, an Assistant Attorney General in this case, do certify that I
caused to be served this 13th day of March, 2007, the foregoing Stipulation and Proposal for
Settlement, Motion to Request Relief From Hearing Requirement and Notice of Filing upon the
persons listed on the Service List by depositing same in an envelope, first class postage prepaid,
with the United States Postal Service at 100 West Randolph Street, Chicago, Illinois, at or before
the hour of
5.00 p.m.
BY:
Electronic Filing, Received, Clerk's Office, March 13, 2007