:1
OFFICE OF THE
ATTORNEY
GENERALo
0
11N013
STATE
OF
ILLINOIS
rol
8
°ard
Lisa Madigan
V1TORNEY
GENERAL
March
11,2009
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. MIl, Inc.
PCB
No.
09-16
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,
inasie
Environmental
Bureau
500 South
Second Street
Springfield,
Illinois 62706
(217) 782-9031
SJJ/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 • ‘T”I’Y:
(800) 964-3013 • Fax: (312)
814-3806
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
PEOPLE
OF THE
STATE
OF
ILLINOIS,
)
Complainant,
v.
)
PCB
No. 09-16
Mil,
INC.,
Respondents.
ECEVED
NOTICE
OF FILING
CLERKS
OFFICE
To:
MEYERS
INDUSTRIES,
INC.
‘tR
I
2009
do Paul
E.
Presney
‘Is
726 South
Second
Street
Board
Springfield,
IL
62704
PLEASE
TAKE
NOTICE
that on
this date I
mailed for
filing
with
the
Clerk
of the Pollution
ControlBoard
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
MATTHEW
J. DUNN,
Chief
Environmental
Enforcement/Asbestos
Litigation
Division
/
BY:_____________________
S EH$.J
>9iANASIE
Assistant
A’ttorney
General
Environmental
Bureau
500
South
Second
Street
Springfield,
Illinois
62706
217/782-9031
Dated:
March
11,
2009
CERTIFICATE
OF
SERVICE
I hereby certify that I did on March 11, 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:
MEYERS INDUSTRIES, INC.
do Paul E. Presney
726
South Second Street
Springfield, IL 62704
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
Steph,f’J
ianpie
Assistant Attofey General
This filing is submitted on
recycled
paper.
BEFORE
THE ILLINOIS
POLLUTION CONTROL
BOARD
PEOPLE OF THE
STATE OF ILLINOIS,
)
Complainant,
v.
)
PCB No. 09-16
MII, INC.,
)
CLERK’S
OFFICE
i1?OD
9
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 5131(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
LISA MADIGAN
ATTORNEY
GENERAL
MATTHEWJ.
DUNN,
Chief
Environmental
Enforcement/Asbestos
Litigation
Division
BY:______________________
ST
HEtJJ’JANASIE
Environmental
Bureau
Assistant Attorney
General
500
South
Second
Street
Springfield,
Illinois
62706
217/782-9031
Dated:
March
11,
2009
2
BEFORE THE
ILLINOIS
POLLUTION CONTROL
BOARD
PEOPLE
OF THE STATE OF
ILLINOIS,
)
)
Complainant,
v.
)
PCB
No.
O91EcEPbfED
CLERK’S
OFFiCE
Mu,
INC.,
)
)
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
MII, INC.,
(‘Respondent”)
(“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 Board’s 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 etseq.
(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
September 12, 2008,
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
a
Delaware
corporation
in
good
standing
and authorized
to
do business
in
the State
of Illinois.
4.
At all
times relevant
to the
Complaint,
Respondent
was the owner
of
a
manufacturing
facility
(‘facility”)
located
at 2200
West
5th
Street
Road,
Lincoln,
Logan
County,
Illinois.
5.
On
September
7,
2006, Illinois
EPA
performed
an inspection
of
the facility.
6.
On
September
7, 2006,
the
Illinois
EPA
inspector
found
an area of
white,
water-
based
glue
in the bed
of a railroad
spur just
outside
the
facility’s
loading dock
door.
The
area
of
glue measured
approximately
10
feet
by
8
feet
by 1 foot
in size.
7.
On September
7, 2006,
the
inspector
also found
an
area
of
oil contaminated
soil
and
gravel
along
the
railroad
spur. The
area
of contaminated
soil
measured
approximately
6
feet
by 4 feet by
1 foot.
8.
On September
7,
2006,
the
inspector
also found
discarded
pallets, cardboard,
wood
and other
refuse
in
a
pile
on the east
side
of
the
facility
grounds;
the pile
measured
approximately
15 feet
by 8
feet
by
2 feet.
9.
On
September
7, 2006,
the
Illinois
EPA
inspector observed
an
open drum
used
for satellite
accumulation
of
the
waste solvent
in
the facility’s
paint vault
area.
The drum
was
not
labeled
as
containing
hazardous
waste.
10.
On
September
7, 2006, the
inspector
also
observed several
open
plastic
buckets
and
open
cans
containing
sludge.
None
of
these
containers
were
labeled
as containing
hazardous
waste.
11.
On
September
7,
2006, the
inspector
also observed
several
unlabeled
drums
of
2
waste solvent in a
locked,
fenced-in
area
outside
on
the facility’s
north side. These containers
were
not labeled as containing hazardous
waste. In the same area,
a
bag
of
sludge
was also
not labeled as
containing
hazardous waste.
12.
In June
2007,
in
response to a citizen complaint, the Office of the Attorney
General
contracted with
the professional services of Noise Solutions by Greg Zak, Inc.
(“Noise
Solutions”) to conduct sound level measurements of the facility.
13.
On June 14, 2007, Noise Solutions performed sound level measurements
during
daytime
hours at the
residential property nearest
to the
facility, with
the
measurement devices
directed at
the facility. The measurement devices used, along with
their calibration
and
operation,
were in compliance with the Board’s
required measurement
protocol,
the American
National
Standards Institute’s requirements, and the International
Electro-technical
Commission’s requirements.
14.
Noise
Solutions measurements of the facility’s sound pressure
levels included
70
db at
the 63 Hz
octave band center frequency
(“octave band”), 68 db at the
125
Hz
octave
band,
66
db at
the 250 Hz octave band, 55 db
at
the 500
Hz octave band, 56 db at the
1 KHz
octave band, 56
db at the 2 KHz
octave band, 51 db
at
the 4 KHz octave
band, and 47 db
at the
8
KHz
octave band.
B.
Allegations of
Non-Compliance
Complainant
contends that the Respondent has
violated the following
provisions of
the
Act and
Board
regulations:
COUNT I:
Section(s) 21(a) and
(p)
of
the Act, 415 ILCS 5/21(a) and
(p)
(2006).
Respondent caused or allowed
the open dumping of refuse and
waste, and caused or allowed
open dumping in a manner
resulting
in
litter. Complainantwithdraws the violations of Section
21(d)(1)
of
the Act, 415 ILCS
5/21(d)(1) (2006), and Section
812.101
(a)
of
the
Board’s Waste Disposal Regulations, 35 III.
3
Adm. Code 812.101(a),
alleged in the
Complaint.
COUNT H:
Section(s) 21(f)(1)
and (f)(2), 415 ILCS
5121(f)(l)
and
(f)(2),
Section(s)
703.121(a) and
(b),
722.134(a)
and
(c)
and 725.273(a)
of
the
Board’s
Hazardous
Waste
Operating Regulations,
35 Ill.
Adm. Code 703.121(a)
and (b), 722.134(a)
and (c) and
725.273(a).
Respondent stored hazardous
wastes without a RCRA permit,
in
unlabeled containers,
and in open containers in the paint vault
area. Complainant withdraws the alleged violation of Section
21(e) of the Act, 415 ILCS 5/21(e) 2006 alleged
in the Complaint.
COUNT Ill:
Section 24 of the
Act, 415
ILCS
5/24, Section(s) 901.102(a)
and
(b), 901.106(a),
and
900.102 of the Board’s Noise Regulations.
Respondent’s operations produced sound pressure levels in•
violation of the Board’s noise regulations for sound emitted from
a
Class
C
Land to
a
Class A Land during daytime hours at the
250
Hz, 1 KHz, 2 KHz, 4 KHz, and 8 KHz octave bands.
Respondent’s
operations
also
produced
sound pressure levels
in
violation of
the
Board’s
noise
regulations for
sound emitted from a
Class C Land to a
Class A Land during nighttime hours
at 63 Hz,
125
Hz,
250
Hz,
500
Hz,
1
KHz, 2 KHz, 4 KHz,
and 8
KHz
octave
bands.
Respondent’s operations also produced sound pressure
levels in violation of the Board’s noise regulations for prominent
discrete tone at
the 250 Hz octave band. Respondent’s violations
of the Board’s Noise
Regulations mentioned above also represent
a
violation of the Act and
further
Board regulations.
C.
Admission of Violations
The Respondent
admits
to the
violations alleged in the Complaint filed in this matter and
referenced
within
Section LB herein.
D.
Compliance
Activities
to Date
1.
Prior to the Illinois EPA’s
referral
of the violations
alleged
in Counts I and II of the
Complaint
referenced
herein, the Office
of
the Attorney General investigated the noise pollution
violations
alleged in
Count III. This investigation included the services of
a
professional
consultant on
contract to
the Office
of the
Attorney General.
2.
The
Respondent has closed the facility that is the subject of this enforcement
4
action.
The
open dumping
and
hazardous
waste violations were
previously remediated
to
the
satisfaction of
Illinois
EPA. The
noise
violations
have been
resolved by the facility
closure.
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.
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.
5
In response
to
these
factors, the Parties to
the
Stipulation
state the
following:
1.
All
of Respondent’s open
dumping violations, RCRA permit violations,
hazardous
waste
storage violations, and
noise
violations threatened human
health and the
environment.
2.
Respondent’s
manufacturing operations
did have social and economic benefit.
3.
While Respondent’s
facility was the first in time
to
the area in which
it operated
and was in an area zoned for
this type of
manufacturing
operation, it ultimately was not suitable
for
that
area
due
to the surrounding residential
development.
4.
The
prevention
of Respondent’s violations was both technically practicable
and
economically reasonable.
5.
Respondent has
subsequently
complied
with
the
Act and the Board Regulations.
IV.
CONSIDERATION OF SECTION 42(h) FACTORS
Section 42(h) of the Act, 415 ILCS 5142(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 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
6
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 to the Stipulation
state as
follows:
1.
Respondent’s violations
began on
or
around September 7, 2006, and were
individually resolved at various times in the following two years. All violations were individually
resolved
within a year
of
their discovery.
2.
Respondent was
diligent in attempting
to come
back into compliance with
the
Act, Board
regulations
and
applicable federal regulations, once either the Illinois EPA, or the
Office of
the Attorney General,
notified it of its noncompliance.
3.
The
economic benefit of Respondent’s
noncompliance was nominal.
4.
Complainant and the
Illinois
EPA
have
determined,
based upon the
specific
facts
of this
matter,
that a
penalty of Fifteen
Thousand Dollars ($15,000.00) and the payment
of
Ten
Thousand
Dollars ($10,000.00)
for
investigation time and costs will
serve
to deter
further
violations and
aid in future
voluntary compliance with the
Act
and
Board regulations.
5.
Respondent entered
into
a
1993 consent order, including the
payment
of
a five-
thousand
dollar ($5,000.00)
penalty, stemming from admitted
violations of
the
Act for the
improper
storage of
hazardous waste.
6.
Self-disclosure is not at
issue in this matter.
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
Fifteen Thousand Dollars
7
($15,000.00)
within
thirty
(30)
days
from
the date the
Board
adopts
and
accepts
this
Stipulation.
2.
This
payment
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:
Environmental
Bureau
Illinois
Attorney
General’s
Office
500 South
Second
Street
Springfield,
Illinois
62706
B.
Investigative
Costs
Payment
1.
The Respondent
shall
pay
investigative
costs
in
the sum
of Ten
Thousand
Dollars
($10,000.00)
within
thirty (30)
days
from the
date
the Board
adopts and
accepts
this
Stipulation.
2.
This payment
shall
be
made
by
certified
check or money
order
payable
to the
Illinois Attorney
General’s
Office
for
deposit
into the
State Projects
and
Court
Ordered
Distribution
Fund for
subsequent
expenditure
as
authorized
by
the Attorney
General
and
shall
be
sent
by first
class mail
and delivered
to:
Josiah
E. Small, Accounting
Director
Illinois Attorney
General’s
Office
500
South Second
Street
Springfield,
Illinois
62706
The
name, case
number
and
the
Respondent’s
federal
tax identification
number
shall appear
8
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:
Environmental Bureau
Illinois Attorney
General’s Office
500 South
Second
Street
Springfield, Illinois
62706
C.
Interest
and Default
1.
If the Respondent fails
to make any payment required
by
this Stipulation
on
or
before the date upon which
the payment is due, the Respondent shall be in default
and
the
remaining unpaid balance of the penalty, plus any accrued interest, shall
be
due
and
owing
immediately. In the event of default, the Complainant shall
be
entitled
to
reasonable
costs of
collection, including reasonable attorney’s fees.
2.
Pursuant to Section 42(g) of the Act, interest shall
accrue
on any penalty amount
owed
by
the Respondent not paid within the time prescribed
herein. Interest
on unpaid
penalties shall begin to accrue from the date such are due and continue to
accrue
to the date
full
payment is received. Where partial payment is made on any penalty amount that is due,
such
partial payment shall be
first applied
to any
interest
on unpaid penalties
then owing.
D.
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
9
and
any
transmittal
letter
shall be sent
to:
Environmental
Bureau
Illinois
Attorney
General’s
Office
500 South
Second Street
Springfield,
Illinois
62706
E.
Future Compliance
1.
In addition
to any
other authorities,
the Illinois
EPA, its employees
and
representatives,
and the
Attorney
General, her
employees
and
representatives, shall
have
the
right
of entry
into
and upon
all sites
within
the State of
Illinois where
Respondent
is conducting
activities
regulated
by the
Act,
Board
regulations
and/or the
asbestos
NESHAP,
at all
reasonable
times
for
the
purposes
of conducting
inspections
and evaluating
compliance
status.
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.
2.
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.
3.
The Respondent
shall
cease
and desist
from future
violations
of
the Act and
Board
Regulations
that
were
the
subject
matter
of the Complaint.
10
F.
Release
from
Liability
In consideration
of the
Respondent’s
payment
of
$25,000.00
in
penalties
and
investigation
costs,
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 Complainant’s
Complaint. 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,
orentity
otherthan the Respondent.
G.
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.
11
H.
Execution
of
Stipu’ation
The
undersigned representatives
for the Parties to the 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.
12
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
State
of Illinois
DOUGLAS P. SCOTT,
Director
Illinois Environmental
Protection Agency
MATTHEWJ.
DUNN, Chief
Environmental
Enforcement!
Asbestos
litigation Division
BY:
BY:
R
BERTA.MESSINA
THOMAS
DAVIS, Chief
Chief Legal
Counsel
Environmental Bureau
Assistant
Attorney General
I
7
DATE:
DATE:___________
MIl,
INC.
BY:
DATE:______
Name:
1Ly
Title:___________________
13