Lisa Madigan
A'l lORNILi GI(NFRAI,
The Honorable Dorothy Gunn
Illinois Pollution Control Board
James R
. Thompson Center, Ste . 11-500
100 West Randolph
Chicago, Illinois 60601
JB/pp
Enclosures
500 South Second Street, Springfield, Illinois 62706
• (217) 782-1090 • "I°I'Y: (217) 785-2771
• Fax : (217) 782-7046
100 West Randulph Street, Chicago, Illinois 60601 •
(312) 814-3000 • TTY
: (312) 814-3374 • Fax : (312) 814-3806
10(11 Fast Main, Carbondalc, Illinois 62901 • (618) 529-6400
• 'I"I'Y
: (618) 529-640
.3 • fax
: (618) 529-6416
R
,EaVIED
OFFICE OF
S'I'A"I'E
THE ATTORNEY
OF ILLINOIS
GENERAL
APR 1 6 2001
April 12, 2007
Re: People v
. Ron Fisher Motorsports, Inc.
PCB No. 06-193
Dear Clerk Gunn :
Enclosed for filing please find the original and one copy of a Notice of Filing, Motion for
Relief from Hearing Requirement and Stipulation and Proposal for Settlement in regard to the
above-captioned matter
. Please file the originals and return file-stamped copies to me in the
enclosed envelope .
Thank you for your cooperation and consideration
.
0R
ery truly yours,
Jennifer Bo kowski
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
(217) 782-9031
Pollution Control Boat
rd
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated
: April 12, 2007
G
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF
)
ILLINOIS,
)
Complainant,
)
vs.
)
PCB No. 06-193
(Enforcement -
Land)
RON FISHER MOTORSPORTS, INC .,
)
an Illinois corporation, d/b/a F & L
)
Salvage,
)
Respondent .
)
NOTICE OF FILING
To:
Michael Reed
Attorney at Law
310 South Elm Street
P.O
. Box 1885
Centralia, IL 62801
PLEASE TAKE NOTICE that on this date I mailed for filing with the Clerk of the Pollution
Control Board of the State of Illinois, a MOTION FOR RELIEF FROM HEARING REQUIREMENT
and STIPULATION AND PROPOSAL FOR SETTLEMENT, copies of which are attached hereto
and herewith served upon you.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN,
Attorney General of the
State of Illinois
RECEIVI
ED
APR 1 6 200?
Pollution
STATE OF
ControlILLINOISBoard
MATTHEW J
. DUNN, Chief
Environmental Enforcement/Asbestos
Litigati n Division
BY: JENNIF
R BONKOWSKI
Assistant Attorney General
Environmental Bureau
RECEIVEDCLERK'S
OFFICE
L
APR 1 6 2001
CERTIFICATE OF SERVICE
STATE OF ILLINOIS
Pollution Control Board
I hereby certify that I did on April 12, 2007, send by First Class Mail, with postage thereon
fully prepaid, by depositing in a United States Post Office Box a true and correct copy of the
following instruments entitled NOTICE OF FILING, MOTION FOR RELIEF FROM HEARING
REQUIREMENT and STIPULATION AND PROPOSAL FOR SETTLEMENT
:
To :
Michael Reed
Attorney at Law
310 South Elm Street
P.O . Box 1885
Centralia, IL 62801
and the original and ten copies by First Class Mail with postage thereon fully prepaid of the
same foregoing instrument(s)
:
To :
Dorothy Gunn, Clerk
Illinois Pollution Control Board
James R . Thompson Center
Suite 11-500
100 West Randolph
Chicago, Illinois 60601
A copy was also sent by First Class Mail with postage thereon fully prepaid to
:
Carol Webb
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
Springfield, IL 62794
NIFER
istant At
This filing is submitted on recycled paper
.
BEFORE THE ILLINOIS POLLUTION
'ON1F IL!
BLARD RECEIVEDEHK'S
OFFICE
PEOPLE OF THE STATE OF ILLINOIS, )
APR 1 6 2007
STATE OF ILLINOIS
Complainant,
Pollution Control Board
vs.
PCB No. 06-193
(Enforcement - Land)
RON FISHER MOTORSPORTS, INC
.,
an Illinois corporation, d/b/a F & L
Salvage,
Respondent .
MOTION FOR RELIEF FROM HEARING REQUIREMENT
NOW COMES Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA
MADIGAN, Attorney General of the State of Illinois, and pursuant to Section 31 (c)(2)
of the
Illinois Environmental Protection Act
("Act"), 415 ILCS 5/31(c)(2) (2004), moves that the Illinois
Pollution Control Board grant the parties in the above-captioned matter relief from the hearing
requirement imposed by Section 31 (c)(1) of the Act, 415 ILCS 5/31 (c)(1)
(2004)
. In support of
this motion, Complainant states as follows
:
1 .
The parties have reached agreement on all outstanding issues in this matter
.
2.
This agreement is presented to the Board in a Stipulation and Proposal for
Settlement, filed contemporaneously with this motion
.
3 .
All parties agree that a hearing on the Stipulation and Proposal for Settlement is
not necessary, and respectfully request relief from such a hearing as allowed by Section
31(c)(2) of the Act, 415 ILCS 5/31(c)(2) (2004)
.
1
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS, hereby requests
that the Board grant this motion for relief from the hearing requirement set forth in Section
31
(c)(1) of the Act, 415 ILCS 5/31 (c)(1) (2004).
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN
ATTORNEY GENERAL
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated : April 12, 2007
2
MATTHEW J. DUNN, Chief
Environmental Enforcement/Asbestos
Litigation Division
BY:
d
O
Izib"
R BONKOWSKI
Environ ental Bureau
Assistant Attorney General
0
Ri
G
N A L
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECEIVED
CLERKS
OFFICE
APR 1 6 2007
PEOPLE OF THE STATE OF ILLINOIS,
)
PollutionTE OF ILLINOIS
Complainant,
)
v.
) PCB No. 06-193
RON FISHER MOTORSPORTS, INC
.,
)
an Illinois corporation, d/b/a
F & L Salvage, ) (Enforcement
- Land)
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 RON FISHER MOTORSPORTS, INC
., an Illinois corporation, d/b/a F & L Salvage
("Respondent"), have agreed to the making of this Stipulation and Proposal for Settlement
("Stipulation") and submit it to the Illinois Pollution Control Board ("Board") for approval
. The
parties agree that the statement of facts contained herein 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 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
1
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
.
Ill
. STATEMENT OF FACTS
A.
Parties
1 .
On June 29, 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 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)
.
3.
At all times relevant to the Complaint, Respondent was and is an Illinois corporation
that is authorized to transact business in the State of Illinois .
B .
Site Description
1 .
At all times relevant to the Complaint, Respondent owned and operated a salvage
facility located at 320 Mitchell Lane, Washington County, Illinois
("site") .
2.
During an Illinois EPA inspection on November 30, 2004, nineteen 55-gallon drums
were present on the western edge of the F & L site
. At the time of the inspection, the Respondent
was burning copper wire in two other 55-gallon drums to remove the insulation
.
2
3.
At least three of the drums on site were labeled as hazardous waste
. Many of the
drums were labeled as "bad
." One was dated November 7, 2000
.
4 .
The Respondent's facility does not meet the requirements of the Act and regulations
for hazardous waste-storage .
5 .
On March 29, 2005, during an Illinois EPA reconnaissance inspection, twelve drums
of paint solids and eight drums of liquid paint waste were on the site .
Ashes from the burned
copper wire were in garbage bags on the site and a composite sample of the ash failed the toxic
characteristic leachate procedure for lead
. F & L had failed to make any hazardous waste
determinations
.
6.
On May 2, 2005, F & L shipped twenty drums of waste paint related material and
one container of hazardous waste lead solids to Heritage Environmental Services
.
7 .
On May 17, 2005, F & L shipped four drums of waste paint related material to
Heritage Environmental Services
.
8.
On November 30, 2004, during the Illinois EPA inspection of the site, waste
materials other than scrap metal and automotive parts were deposited upon the ground, including
approximately 300 uncovered and unprocessed used or waste tires, two 55-gallon drums filled with
copper wire and about nineteen 55-gallon drums .
9.
On March 29, 2005, during an Illinois EPA reconnaissance inspection, ashes from
the burned copper wire were in garbage bags on the site and the 55-gallon drums were still
present
. The accumulation of used or waste tires had been removed from the site
.
10.
The Respondent operated a tire storage site, containing more than 50 used orwaste
tires, since some date better known to Respondent, between the date the facility opened in March
2004 and November 30, 2004 .
11 .
No measures had been implemented to prevent the tires from accumulating water
.
3
Some of the tires contained water on November 30, 2004
.
12 .
The Respondent did not provide notice of tire storage activity to the Illinois EPA
within 30 days after the date of commencement of the activity
.
C.
Allegations of Non-Compliance
Complainant contends that the Respondent has violated the following provisions of the Act
and Board regulations :
Count I :
By failing to make
the required hazardous waste
determinations, the Respondent violated Section 722
.111 of
the Board's Hazardous Waste Regulations, 35 III
. Adm .
Code 722 .111, and thereby violated Section 21(f)(2) of the
Act, 415 ILCS 5/21(f)(2) (2004)
.
By storing waste at a site that does not meet the
requirements of the Act and of the standards and regulations
promulgated thereunder, the Respondent violated Section
21(e) of the Act, 415 ILCS 5/21(e) (2004)
.
By conducting a hazardous waste-storage operation without
a permit issued by the Agency and in violation of Section
703
.121 (a) of the Board's Hazardous Waste Regulations, 35
Ill. Adm . Code 703 .121 (a), the Respondent violated Section
21(f) of the Act, 415 ILCS 5/21(f) (2004)
.
Count II:
By causing or allowing the open dumping of waste, the
Respondent violated Section 21 (a) of the Act, 415 ILCS
5/21 (a) (2004) .
By disposing or abandoning waste at a site that does not
meet the requirements of the Act and of the regulations and
the standards promulgated thereunder, the Respondent has
violated Section 21(e) of the Act, 415 ILCS 5/21(e) (2004)
.
Count Ill :
By storing used and/or waste tires that are outside with no
cover and contain accumulated water, Respondent has
violated Section 848
.202(b) of the Board's Waste Disposal
Regulations, 35 III . Adm . Code 848
.202(b), and Sections
55(a) of the Act, 415 ILCS 5/55(a) (2004)
.
The Respondent did not provide notice of tire storage activity
4
to the Illinois EPA
within 30 days after the date of
commencement of the activity and has thereby violated
Section 55(c) of the Act, 415 ILCS 5/55(c) (2004)
.
Count IV :
By causing or allowing the open burning of waste, the
Respondent violated Section 9(c) of the Act, 415 ILCS 5/9(c)
(2004) .
By causing the open dumping of waste in a manner which
has resulted in open burning at or from the dump site, the
Respondent violated Section 21(p)(3) of the Act, 415 ILCS
5/21 (p)(3)
(2004).
By causing, threatening, or allowing the discharge
or
emission of any contaminant into the environment so as to
cause or tend to cause air pollution
in Illinois, the
Respondent violated Section 9(a) of the Act, 415 ILCS 5/9(a)
(2004).
D.
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
III .C herein, and this Stipulation shall not be interpreted as including such admission
.
E.
Compliance Activities to Date
The Respondent is now in compliance, as it has disposed of its paint in compliance with the
applicable regulations and the Act, covered the tires and put out the fire, disposing of the ashes
in compliance with the applicable regulations and the Act
.
5
IV. APPLICABILITY
This Stipulation shall apply to and be binding upon the Complainant and the Respondent,
and any officer, director, agent, or employee of the Respondent, as well as any successors or
assigns of the Respondent
. The Respondent shall not raise as a defense to any enforcement
action taken pursuant to this Stipulation the failure of any of its officers,
directors, agents,
employees or successors or assigns to take such action as shall be required to comply with the
provisions of this Stipulation .
V
. COMPLIANCE WITH OTHER LAWS AND REGULATIONS
This Stipulation in no way affects the responsibilities of the Respondent to comply with any
other federal, state or local laws or regulations including, but not limited to, the Act and the Board
regulations, 35 III . 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
6
5.
any subsequent compliance .
In response to these factors, the parties state the following
:
Response to 33(c) 1
Human health and the environment were threatened by air and land pollution, used tire
violations and open burning .
Response to 33(c) 2
There is social and economic benefit to the facility, as it employs between 6-10 full time
employees in an area of high unemployment and promotes recycling
.
Response to 33(c) 3
Operation of the facility was suitable for the area in which it occurred as the site was a mine
and then a salvage yard for many years prior to Respondent beginning to operate the salvage yard
.
Response to 33(c) 4
Compliance was both technically practicable and economically reasonable
.
Response to 33(c) 5
Respondent subsequently complied with the Act and the Board Regulations .
VII
. CONSIDERATION OF SECTION 42(h) FACTORS
Section 42(h) of the Act, 415 ILCS 5142(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
7
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 :
Response to 42(h)1
The violations began on or around November 30, 2004, which was the date of the first
Illinois EPA inspection
. The violations were individually resolved at various times in the following
year
. However, the most generous ending dates for all violations was May 17, 2005
.
Response to 42(h) 2
F & L initially disposed of the tires, but displayed little diligence in disposing of the paint,
claiming to be waiting for the Illinois EPA inspector to locate a reasonably priced vendor for the
disposal
.
Response to 42(h) 3
The Respondent received a nominal economic benefit from noncompliance
.
Response to 42(h) 4
Complainant has determined, based upon the specific facts of this matter, that a penalty
of Seven Thousand Dollars ($7,000
.00) will serve to deter further violations and aid
in future
S
voluntary compliance with the Act and Board regulations .
Response to 42(h) 5
To Complainant's knowledge, Respondent has no previously adjudicated violations of the
Act.
Response to 42(h) 6
Self-disclosure is not at issue in this matter .
Response to 42(h) 7
The settlement of this matter does not include a supplemental
environmental project .
VIII
. TERMS OF SETTLEMENT
A.
Penalty Payment
1 .
The Respondent shall pay a civil penalty in the sum
of Seven Thousand Dollars
($7,000
.00) 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 by certified check
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 shall appear on the check . A copy of the certified check shall
9
be sent to :
Jennifer Bonkowski
Assistant Attorney General
Environmental Bureau
500 South Second Street
Springfield, Illinois 62702
Michael Roubitchek
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 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 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
:
Ron Fisher
P.O
. Box 1010
Centralia, Illinois 62801
Mike Reed
Attorney at Law
310 S . Elm Street
P.O . Box 1885
Centralia, Illinois 62801
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
10
fees .
B .
Future Use
Notwithstanding any other language in this Stipulation to the contrary, and in consideration
of the mutual promises and conditions contained in this Stipulation, including the Release from
Liability contained in Section VI II
.D, 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 5142(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
.
C.
Cease and Desist
The Respondent shall cease and desist from future violations of the Act and Board
Regulations that were the subject matter of the Complaint as outlined in Section II I
.C ("Allegations
of Non-Compliance") of this Stipulation .
D.
Release from Liability
In consideration of the Respondent's payment of the $7,000 .00 penalty and any specified
costs and accrued interest, 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 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
11
expressly specified in Complainant's Complaint filed on June
29, 2006 . 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 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
.
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 Respondent's facility which is the subject of this Stipulation, at all reasonable times for the
purposes of carrying out inspections, and shall use reasonable efforts to avoid disruption of the
business . 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 .
12
F.
Correspondence, Reports and Other Documents
Any and all correspondence, reports and any other documents required under this
Stipulation, except for payments pursuant to Section VIII .A ("Penalty Payment") of this Stipulation
shall be submitted as follows :
As to the Complainant
Jennifer Bonkowski
Assistant Attorney General
Environmental Bureau
500 South Second Street
Springfield, Illinois 62702
Michael Roubitchek
Assistant Counsel
Illinois EPA
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
As to the Respondent
Ron Fisher
P
.O
. Box 1010
Centralia, Illinois 62801
Mike Reed
Attorney at Law
310 S
. Elm Street
P.O. Box 1885
Centralia, Illinois 62801
G .
Modification of Stipulation
The parties may, by mutual written consent, agree to modify the terms of this Stipulation
.
A request for any modification shall be made in writing and submitted to the contact persons
identified in Section VIII .F
. 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
13
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
.
H .
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 law, and therefore unenforceable, the remaining clauses shall
remain in full force and effect
.
14
WHEREFORE, Complainant and Respondent request that the Board adopt and accept the
foregoing Stipulation and Proposal for Settlement as written
.
PEOPLE OF THE STATE OF ILLINOIS,
LISA MADIGAN
Attorney General
State of Illinois
MATTHEW J . DUNN, Chief
Environmental Enforcement/
Asbestos Litigation Division
BY:
THOMAS DAVIS, Chief
Environmental Bureau
Assistant Attorney General
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
BY: C?I
R ERT A. MESSIN
Chief Legal Counsel
RON FISHER MOTORSPORTS, INC .,
an Illinois corporation,
d/b/a F &-
vage
11
15
DATE : `'-11`'
Z
w
_~
DATE:
ql~~° 7
DATE:
3' cc(T
I
