CED
    FEB
    112009
    OFFICE
    OF
    THE
    ATTORNEY
    GENERAL
    STATE
    OF
    ILLINOIS
    STATE
    OF
    ILLINOIS
    POlIutOn
    Control
    Board
    Lisa
    Madigan
    ATTORNEY
    GENERA]
    February
    9,
    2009
    John
    T. Therriault,
    Assistant
    Clerk
    Assistant
    Clerk
    of
    the
    Board
    Illinois
    Pollution
    Control
    Board
    James
    R. Thompson
    Center,
    Ste.
    11-500
    100
    West
    Randolph
    Chicago,
    Illinois
    60601
    Re:
    People
    v.
    Quad-County
    Ready
    Mix
    Corp.
    PCB
    No. 06-181
    Dear
    Clerk:
    Enclosed
    for
    filing
    please
    find
    the
    original
    and
    ten
    copies
    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.
    Very
    truly
    yours
    Michael
    D.
    Mankowski
    Environmental
    Bureau
    500
    South
    Second
    Street
    Springfield,
    Illinois
    62706
    (217)
    782-9031
    MDM/pjk
    Enclosures
    500
    South
    Second
    Street,
    Springfield,
    Illinois
    62706
    • (217)
    782-1090
    • ‘TTY:
    (877)
    844-5461
    • Fax:
    (217)
    782-7046
    100
    West
    Randolph
    Street,
    Chicago,
    Illinois
    60601
    • (312)
    814-3000
    TTY:
    (800) 964-3013
    • Fax:
    (312)
    814-3806
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    (rn

    BEFORE
    THE
    ILLINOIS
    POLLUTION
    CONTROL
    BOARD
    PEOPLE OF
    THE STATE
    OF ILLINOIS,
    )
    )
    Complainant,
    )
    vs.
    )
    PCB
    No. 06-1
    81
    )
    (Enforcement
    - Air,
    Land,
    Water)
    QUAD-COUNTY
    READY
    MIX
    )
    CORPORATION,
    an Illinois
    corporation,
    )
    )
    Respondent.
    OF’
    NOTICE OF FILING
    C
    FEB
    To:
    Claire
    A. Manning
    $OlS
    Brown,
    Hay & Stephens, LLP
    sTP’T
    COntXO’
    BO
    205 South
    Fifth
    Street, Ste. 700
    P.O. Box 2459
    Springfield,
    IL 62705-2459
    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
    MATTHEWJ. DUNN,
    Chief
    Environmental
    Enforcement/Asbestos
    MICHAEL
    D. MANKOWSKI
    Assistant Attorney
    General
    Environmental
    Bureau
    500 South
    Second
    Street
    Springfield,
    Illinois 62706
    217/782-9031
    Dated: August
    19, 2008

    CERTIFICATE
    OF SERVICE
    I hereby certify
    that I did on
    February
    9,
    2009,
    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:
    Claire
    A. Manning
    Brown,
    Hay
    & Stephens, LLP
    205 South
    Fifth Street,
    Ste 700
    P.O. Box 2459
    Springfield,
    IL 62705-2459
    and
    the original and ten
    copies by First Class
    Mail with postage
    thereon
    fully
    prepaid
    of the
    same
    foregoing instrument(s):
    To:
    John
    T. Therrault,
    Assistant
    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
    MICHAEL
    D. MANKOWSKI
    Assistant Attorney
    General
    This
    filing is submitted
    on recycled
    paper.

    BEFORE
    THE ILLINOIS POLLUTION CONTROL
    BOARD
    PEOPLE OF
    THE
    STATE
    OF ILLINOIS,
    )
    Complainant,
    vs.
    )
    PCB No. 06-1 81
    )
    (Enforcement - Air, Land, Water)
    QUAD-COUNTY
    READY
    MIX
    CORPORATION, an Illinois corporation,
    )
    Respondent.
    )
    FEB
    1
    i
    2009
    STAOF
    ‘rd
    MOTION FOR RELIEF FROM HEARING
    REQUIJE4
    COn
    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) (2006),
    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) (2006).
    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) (2006).
    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)
    (2006).
    Respectfully
    submitted,
    PEOPLE
    OF THE
    STATE
    OF
    ILLINOIS
    USA
    MADIGAN
    ATTORNEY
    GENERAL
    MATTHEWJ.
    DUNN,
    Chief
    Environmental
    Enforcement/Asbestos
    Liti
    ati
    n D’vision
    BY:L%1&dL41
    MICHAEL
    D. MANKOWSKI
    Environmental
    Bureau
    Assistant
    Attorney
    General
    500
    South Second
    Street
    Springfield,
    Illinois
    62706
    217/782-9031
    Dated:
    February
    9,
    2009
    2

    BEFORE THE
    ILLINOIS
    POLLUTION CONTROL
    BOARD
    PEOPLE
    OF
    THE
    STATE
    OF ILLINOIS,
    )
    )
    Complainant,
    )
    )
    v.
    )
    PCBO6-181
    )
    (Enforcement
    - Air, Land, Water)
    QUAD-COUNTY
    READY
    MIX
    )
    CORPORATION,
    an
    Illinois
    corporation
    )
    )
    OF
    Respondent.
    )
    FEB
    20E19
    STIPULATION
    AND
    PROPOSAL FOR
    SETTLEMEE
    oFlrd
    ponuon
    Con
    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 QUAD-COUNTY
    READY
    MIX CORPORATION
    1
    (‘Respondent
    ’),
    the Parties to the
    Stipulation and Proposal
    for Settlement
    (“Parties to the
    Stipulation”),
    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. This
    stipulation of
    facts is made and agreed
    upon
    for purposes
    of
    settlement
    only and
    as a
    factual
    basis
    for
    the
    Boards approval of
    this
    Stipulation and issuance
    of
    relief.
    None of the facts
    stipulated herein
    shall be
    introduced
    into
    evidence in any
    other proceeding
    regarding
    the violations
    of
    the Illinois
    Environmental
    Protection
    Act (“Act”),
    415
    ILCS
    5/1
    et
    seq.
    (2006), and
    the
    Board’s
    Regulations,
    alleged in
    the
    Complaint
    except as
    otherwise
    provided herein.
    It is the intent of
    the
    parties to
    this Stipulation
    that
    it be a
    final adjudication of
    this matter.
    I. STATEMENT
    OF FACTS
    A.
    Parties to
    the Stipulation

    1.
    On June
    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
    31
    of the
    Act,
    415
    ILCS
    5/31
    (2006),
    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 (2006).
    3.
    At
    all
    times
    relevant
    to the
    Complaint,
    Respondent
    was
    and
    is an
    Illinois
    corporation
    in
    good
    standing.
    4.
    At all
    times relevant
    to
    this
    Complaint,
    Quad-County
    Ready
    Mix
    was the
    owner
    and
    operator
    of
    a
    concrete
    ready
    mix
    plant
    located
    at
    300
    Old Fullerton,
    Swansea,
    St. Clair
    County,
    Illinois
    (facility”).
    5.
    Stormwater
    discharges
    from
    the
    facility
    are
    regulated
    by
    National
    Pollutant
    Discharge
    Elimination
    System
    (NPDES)
    General
    Permit
    for
    Storm
    Water
    Discharges
    from
    Industrial
    Activities
    No.
    1LR003761.
    B.
    Allegations
    of
    Non-Compliance
    Complainant
    contends
    that the
    Respondent
    has
    violated
    the following
    provisions
    of
    the
    Act and
    Board regulations:
    Count
    I:
    NOTIFICATION
    AND
    FEE
    PAYMENT
    VIOLATIONS,
    in
    violation
    of
    Section
    9.1(d)
    of
    the Act,
    415
    ILCS 5/9.1(d)
    (2006),
    Section
    9.13(b)
    of
    the
    Act,
    415
    ILCS
    5/9.13(b)
    (2006),
    and
    40
    CFR
    61.145(a)
    & (b)(l)
    Count
    II:
    FAILURE
    TO
    FOLLOW
    PROPER
    EMISSION
    CONTROL
    PROCEDURES, in
    violation
    of
    Section
    9,1(d) of
    the Act,
    415
    ILCS
    5/9.1(d)
    (2006),
    and
    40 CFR
    61.145(c)(1)
    &
    (6)
    2

    Count
    III:
    IMPROPER
    DISPOSAL OF
    REGULATED
    ASBESTOS CONTAINING
    MATERIALS,
    in violation
    of
    Section
    9.1(d)
    of
    the
    Act, 415
    ILCS
    5/9.1(d)
    (2006),
    and
    40
    CFR
    61.150(a)(1)
    &
    (b)(1)
    Count
    IV:
    AIR
    POLLUTION
    VIOLATIONS,
    in
    violation
    of
    Section
    9(a)
    of the
    Act,
    415
    ILCS 5/9(a)
    (2006),
    and
    Section
    201.141
    of
    the Boards
    Air
    Pollution
    Regulations, 35111.
    Adm. Code
    201.141
    Count
    V:
    OPEN
    DUMPING,
    in
    violation
    of
    Sections
    2
    1(a), (e),
    &
    (p)(l),
    (4),
    &
    (7)
    of
    the
    Act,
    415
    ILCS
    5/21(a),
    (e),
    &
    (p)(l),
    (4),
    & (7)
    (2006)
    Count VI:
    OPEN
    BURNING,
    in violation
    of Section
    9(c)
    of the
    Act, 415
    ILCS
    5/9(c)
    (2006)
    and
    Section
    21(p)(3)
    of
    the
    Act,
    415
    ILCS
    5/
    2
    1(p)(3)
    (2006)
    •Count
    VII:
    WATER
    POLLUTION,
    in
    violation
    of Section
    12(a) of
    the
    Act,
    415 ILCS
    5/12(a)
    (2006)
    Count
    VIII:
    NPDES
    PERMIT
    VIOLATIONS:
    UNLAWFUL
    DISCHARGES,
    in
    violation
    of
    Section
    12(f)
    of the
    Act,
    415 ILCS
    5/12(f)
    (2006),
    NPDES
    Permit
    No.
    ILROO3
    761
    C.
    Admission
    of
    Violations
    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.
    D.
    Compliance
    Activities
    to Date
    Respondent
    has
    properly
    removed
    and
    disposed
    of
    the
    any
    and all
    remaining
    RACM
    at
    the
    facility;
    ceased
    open
    dumping
    and
    removed
    all
    open dumped
    waste from
    the
    facility;
    ceased
    open
    burning;
    ceased
    all alleged
    water
    pollution;
    and
    updated
    the
    Storm
    Water
    Pollution
    3

    Prevention Plan (SWPPP)
    for the facility
    as required
    by NPDES Permit No. 1LR003761.
    II. APPLICABILITY
    This Stipulation
    shall apply to and
    be binding upon the Parties
    to the
    Stipulation,
    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.
    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 for all violations alleged in the Complaint in this matter, for purposes
    of Sections 39 and 42 of the Act, 415 ILCS 5/39 and 42 (2006),
    III.
    IMPACT
    ON
    THE PUBLIC RESULTING FROM ALLEGED NON-COMPLIANCE
    Section
    33(c)
    of the Act, 415
    ILCS 5/33(c) (2006),
    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

    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.
    During
    renovation and
    demolition of
    the former batch house
    RACM was
    disturbed
    and managed in
    a manner
    not
    in compliance with the
    Act and
    regulations,
    thereby
    threatening
    the
    release of
    asbestos fibers into the
    atmosphere.
    In addition, during demolition
    and
    renovation,
    Respondent
    conducted
    open
    burning
    and
    open
    dumping at
    the site and
    failed
    to
    have
    a
    valid storm
    water management
    plan
    for containment of
    water runoff.
    Human health and the
    environment
    were
    threatenedand
    the
    Illinois EPA’s information
    gathering
    responsibilities were
    hindered
    by
    the
    Respondent’s
    violations.
    2.
    There is
    social and
    economic benefit to the
    facility. Respondent’s
    demolition
    and
    renovation of the
    former
    batch house
    which was obsolete
    and
    seriously
    in need of renovation,
    provides
    a
    substantial
    improvement for Swansea,
    Illinois,
    and required a
    major investment
    of
    resources
    on the
    part of
    Respondent.
    3.
    Operation
    of the
    facility
    was
    suitable
    for
    the area in which
    it occurred.
    The
    demolition
    and
    renovation
    of
    the former
    batch
    house,
    was in its current
    location
    for
    decades;
    thus,
    the
    constructiofl
    activities involved
    in the
    renovation
    were suitable
    for the
    area.
    4.
    The proper
    removal
    and disposal of
    RACM at the site
    is both
    technically
    practicable
    and
    economically
    reasonable.
    It was both technically
    practicable
    and economically
    reasonable
    to avoid
    open
    dumping
    and open burning at
    thesite.
    It
    was
    technically practicable
    and
    economically
    reasonable
    to
    maintain
    containment
    for wash water
    runoff and update the
    SWPPP
    for
    the facility.
    5

    5.
    Once having
    been
    notified
    of its non-compliance, the Respondent
    made
    substantial
    efforts
    to come
    into compliance
    with
    the
    Act and
    the
    Board’s
    regulations.
    IV. CONSIDERATION OF SECTION
    42(h)
    FACTORS
    Section
    42(h)
    of the
    Act,
    415 ILCS
    5/42(h)
    (2006),
    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
    V
    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
    V
    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.
    V
    In response
    to
    these
    factors,
    the parties
    state as
    follows:
    1.
    The Respondent
    failed
    to
    conduct
    demolition
    in
    accordance
    with
    regulatory
    and
    statutory
    requirements
    concerning
    the
    removal
    of asbestos
    in the
    demolition
    of
    the former
    batch
    6

    house
    in Illinois.
    Also,
    Respondent
    violated
    the Act
    by
    conducting
    open
    burning
    and
    open
    dumping
    of
    construction
    debris
    and
    by
    failing
    to
    manage
    storm water
    in
    accordance
    with
    a
    storm
    water
    permit.
    2.
    ‘While
    Respondent did not
    exercise
    diligence
    in its initial
    demolition
    activities,
    once
    notified
    by
    the
    JEPA of
    its
    noncompliance,
    Respondent
    was
    diligent
    in
    attempting
    to come
    back
    into compliance
    with
    the
    Act, Board
    regulations
    and applicable
    federal
    regulations.
    3.
    Respondent
    received
    no or
    marginal
    economic
    benefit
    from
    its noncompliance.
    4.
    Complainant has
    determined, based
    upon
    the specific
    facts
    of this
    matter,
    that
    a
    penalty
    of Thirty
    Thousand
    Dollars
    ($30,000.00)
    will
    serve
    to
    deter further
    violations
    and
    aid
    in
    future voluntary
    compliance
    with the
    Act and
    Board
    regulations.
    5.
    A
    review
    of Illinois
    EPA
    records
    does
    not
    indicate
    any
    previous
    enforcement
    action
    taken
    by the
    Illinois
    EPA
    against
    the
    Respondent.
    6.
    Respondent
    did
    not
    voluntarily
    disclose
    to
    the
    Illinois
    EPA the
    violations
    that
    are
    the
    subject
    of this
    case.
    7.
    The settlement
    of
    this
    matter
    does not
    include
    a
    supplemental
    environmental
    project.
    V.
    TERMS
    OF
    SETTLEMENT
    A.
    Penalty
    Payment
    1,
    The
    Respondent
    shall
    pay
    a
    civil
    penalty
    in the
    sum
    of
    Thirty
    Thousand
    Dollars
    ($30,000.00)
    within
    thirty
    (30)
    days
    from
    the
    date
    the
    Board
    adopts
    and
    accepts
    this Stipulation.
    7

    B.
    Payment
    Procedures
    All
    payments required
    by
    this Stipulation
    shall be made
    by certified check
    or money
    order
    payable to the
    Illinois EPA for deposit
    into the Environmental
    Protection
    Trust Fund
    (“EPTF”).
    Payments shall
    be
    sent
    by
    first class
    mail and delivered to:
    Illinois Environmental
    Protection
    Agency
    Fiscal
    Services
    1021 North
    Grand
    Avenue
    East
    P.O. Box
    19276
    Springfield,
    IL 62794-9276
    The
    name,
    case
    number
    and the Respondent’s
    federal
    tax
    identification
    number shall
    appear
    on
    the
    face
    of the
    certified check
    or money order. A
    copy of the certified
    check
    or money order
    and
    any
    transmittal
    letter shall be sent to:
    Michael D. Mankowski
    Assistant Attorney
    General
    Environmental
    Bureau
    500
    South Second
    Street
    Springfield,
    Illinois
    62702
    C.
    Release
    from
    Liability
    In
    consideration of
    the
    Respondents
    payment of the Thirty
    Thousand
    Dollar
    ($30,000.00)
    penalty, completion
    of
    all
    activities required hereunder,
    and upon the
    Board’s
    approval
    of this
    Stipulation,
    the Complainant
    releases, waives
    and discharges the
    Respondent
    from
    any
    further
    liability
    or
    penalties for the
    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
    Complainants Complaint
    filed on November
    1,
    2006.
    The
    Complainant
    reserves,
    and this Stipulation is
    without
    prejudice
    to, all rights of
    the
    8

    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
    orjudicial, civil
    or
    criminal,
    past
    or
    future,
    in
    law
    or
    in equity,
    which
    the
    State
    of
    Illinois
    may
    have
    against
    any
    person,
    as
    defined
    by
    Section
    3.315
    of the
    Act,
    415
    ILCS
    5/3.315
    (2006),
    or entity
    other
    than
    the
    Respondent.
    D.
    Enforcement
    and
    Modification
    of
    Stipulation
    Upon
    the entry
    of
    the
    Board’s
    Order
    approving
    and
    accepting
    this Stipulation,
    that
    Order
    is a
    binding
    and
    enforceable
    order
    of the
    Board
    and may
    be
    enforced
    as such
    through any and
    all
    available
    means.
    E.
    Execution
    of
    Stipulation
    The
    undersigned
    representatives
    for
    each
    party
    to
    this
    Stipulation
    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.
    9

    WHEREFORE,
    the
    parties to this
    Stipulation request
    that the Board adopt
    and accept the
    foregoing
    Stipulation and
    Proposal
    for Settlement
    as
    written.
    PEOPLE OF THE
    STATE
    OF
    ILLINOIS,
    THE
    ILLINOIS
    ENVIRONMENTAL
    PROTECTION
    AGENCY
    LISA
    MADIGAN
    Attorney
    General
    DOUGLAS
    P. SCOTT,
    Director
    State
    of
    Illinois
    Illinois
    Environmental
    Protection Agency
    MATTHEW
    J. DUNN,
    Chief
    Environmental Enforcement!
    Asbestos Litigation
    Division
    BY:___________________
    BY:___________________
    THOMAS
    DAVIS, Chief
    R
    BERT
    MESSI A
    Environmental
    Bureau
    Chief Legal
    Counsel
    Assistant
    Attorney
    General
    DATE:
    4
    DATE:_________
    10

    FOR
    THE
    DEFENDANT:
    QUAD-COUNTY
    READY
    MIX
    CORPORATION
    BY:
    Title:_____________________________
    DATE:
    11

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