OFFICE OF
THE
ATFORNEY
GENERAL
STATE
OF
ILLINOIS
Lisa
Madigan
ATTORNEY
GENERAL
Mayl,2009
0
cCEE
LERK
S
OFFICE
John
T. Therriault,
Assistant
Clerk
2009
James
Illinois
Pollution
R.
Thompson
Control
Center,
BoardSte.
11-500
Pollution
STATE
OF
Control
lLUNOI
Boad
100
West
Randolph
Chicago,
Illinois
60601
Re:
People
v. R.A.
Cullinan
& Sons,
Inc.
Dear
Clerk:
Enclosed
for
filing
please
find
the original
and
ten
copies
of a
Notice
of
Filing,
Entry
of
Appearance
and
Complaint
in
regard
to the above-captioned
matter.
Please
file
the
originals
and
return
file-stamped
copies
to
me
in
the enclosed,
self-addressed
envelope.
Thank
you
for your
cooperation
and consideration.
Very truly
yours,
Step
en J.
Janasie
Environmental
Bureau
500 South
Second
Street
Springfield,
Illinois
62706
(217)
782-9031
SJJ/pk
Enclosures
500
South
Second
Street,
Springfield,
Illinois
62706
• (217)
782-1090
• ‘VFY: (877)
844-5461
• Fax:
(217)
782-7046
100
West
Randolph
Street,
Chicago,
Illinois
60601
• (312)
814-3000
•
TFY: (800)
964-3013
• Fax:
(312)
814-3806
BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF
)
ILLINOIS,
Complainant,
)
10
vs.
)
PCB No.
)
(Enforcement)
R.A.
CULLINAN & SONS, INC.,
)
a Delaware corporation,
)
Respondent.
)
NOTICE OF FILING
To:
R.A. Cullinan & Sons, Inc.
c/c
Michael Cullinan, Registered Agent
121 West Park Street
Tremont,
IL
61568
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 COMPLAINT, a copy of which is attached
hereto
and
herewith
served upon you. Failure to file an answer to
this
Complaint within 60 days may
have
severe consequences. Failure to answer will mean that all allegations
in
this Complaint
will be
taken as if admitted for purposes of this proceeding. If you have any questions about
this
procedure, you should
contact
the hearing
officer assigned
to this proceeding, the Clerk’s
Office
or an
attorney.
1
FURTHER,
please
take notice
that
financing
may be
available,
through
the
Illinois
Environmental
Facilities
Financing
Act,
20 ILCS
3515/1 (2006),
to correct
the
pollution
alleged
in
the Complaint
filed
in
this
case.
Respectfully
submitted,
PEOPLE
OF
THE
STATE
OF ILLINOIS
LISA
MADIGAN,
Attorney
General
of
the
State of Illinois
MATTHEWJ.
DUNN,
Chief
Environmental
Enforcement/Asbestos
Litigation
Divjsi
3p2
,/
BY:___
S’tEH’N
J.
JANASIE
Assistant
Attorney
General
Environmental
Bureau
500
South Second
Street
Springfield,
Illinois
62706
217/782-9031
Dated:
May 1, 2009
2
CERTIFICATE OF
SERVICE
I hereby certify that I did on May 1 2009, send by
certified 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,
ENTRY OF APPEARANCE and
COM
PLAI NT:
To:
R.A.
Cullinan
& Sons,
Inc.
do Michael Cullinan,
Registered Agent
121 West Park Street
Tremont, IL 61568
and
the original and ten
copies
by
First Class
Mail with postage thereon fully prepaid of the
same
foregoing instrument(s):
To:
John T.
Therriault, Assistant Clerk
Illinois
Pollution Control Board
James R.
Thompson Center
Suite
11-500
100
West Randolph
Chicago, Illinois 60601
Stepfrn4 Jasie
Assistant Attorney
General
This filing is
submitted on recycled paper.
BEFORE THE ILLINOIS POLLUTION
CONTROL BOARD
PEOPLE OF THE STATE OF
)
ILLINOIS,
)
Complainant,
)
vs.
)
PCBNo.
DI
)
(Enforcement)
R.A. CULLINAN & SONS, INC.,
)
a Delaware corporation,
)
E
Respondent.
)
?JOUUtI
S
lATE
OF
QLIN
ENTRYOFAPPEARANCE
On behalf of the
Complainant,
PEOPLE
OF THE STATE
OF
ILLINOIS,
STEPHEN
J.
JANASIE, Assistant Attorney
General of the State of Illinois, hereby enters his appearance
as
attorney
of
record.
Respectfully
submitted,
PEOPLE OF THE STATE OF ILLINOIS,
LISA MADIGAN
Attorney General of the
State
of Illinois
MATTHEWJ. DUNN, Chief
Environmental Enforcement/Asbestos
Litig,tiop. DyJpy
BY:________
STEPHN4.
J1ASIE
Environmental Bureau
Assistant Attorney
General
500 South
Second Street
Springfield,
Illinois 62706
217/782-9031
Dated: May 1,
2009
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
Complainant,
)
vs.
)
PCB No.
)
(Enforcement)
R.A. CULLINAN & SONS, INC.,
a
Delaware corporation,
)
DECEVED
Respondent.
)
MAY
052009
COMPLAINT
STATE OF
ILLINOIS
PoNutton Control
Board
Complainant, PEOPLE OF THE STATE OF ILLINOIS,
by
LISA MADIGAN, Attorney
General of the State of Illinois, on her own motion and at the request of the ILLINOIS
ENVIRONMENTAL PROTECTION
AGENCY,
complains of Respondent, R.A. CULLINAN &
SONS, INC., as
follows:
COUNT I
WASTE DISPOSAL
VIOLATIONS
1.
This Complaint is brought by
the Attorney General,
on
her own
motion
and at
the
request
of the
Illinois Environmental Protection Agency (“Illinois EPA”), pursuant to
Section
31
of
the Illinois Environmental
Protection
Act (“Act”),
415 ILCS 5/31 (2006).
2.
The Illinois EPA is an agency of the State of
Illinois created
by
the Illinois
General Assembly in
Section
4 of the Act,
415 ILCS 5/4 (2006), and charged,
inter a/ia,
with the
duty
of enforcing the
Act.
3.
Respondent R.A. CULLINAN & SONS, INC., is a
Delaware corporation licensed
to do
business
in Illinois. Respondent’s registered agent
is Michael Cullinan.
4.
Respondent operates a clean construction and
demolition debris (CCDD”) fill
operation at the
Farmdale Pit facility (‘the facility”), a
former regulated excavation located
at
22493
Farmdale Road in East Peoria, Tazewell County,
Illinois.
5.
Section 21 of the
Act,
415 ILCS
5/21
(2006), provides, in pertinent part, as
follows:
No person shall:
*
*
*
d.
Conduct any waste-storage, waste-treatment, or waste-disposal
operation:
*
*
*
2.
In violation of any regulations
or
standards
adopted by
the
Board
under this
Act;
*
*
*
e.
Dispose, treat, store or abandon
any
waste,
or
transport
any
waste
into
this State for disposal, treatment, storage
or abandonment, except at a
site
or
facility which
meets the requirements of this Act and of regulations
and
standards thereunder.
**
*
6.
Section 22.51 (a)
of the Act, 415 ILCS 5/22.51(a) (2006), provides as follows:
a.
No person
shall
conduct any
clean construction
or
demolition debris fill
operation in violation of this Act
or
any regulations
or standards adopted
by the Board.
*
*
*
7.
Section 1100.201 of the
Board’s
Clean
Construction or
Demolition Debris
Regulations, 35111.
Adm. Code 1100.201,
provides
as
follows:
Prohibitions
a.
No person
shall conduct any CCDD fill operation in violation
of the
Act or
any regulations or
standards
adopted by
the Board.
b.
CCDD fill operations must not accept
waste for use as fill.
**
*
8.
Section 3.540 of the Act,
415
ILCS 5/3.540 (2006)
provides as
follows:
Waste disposal site.
“Waste disposal site” is a
site
on
which solid waste is disposed.
2
9.
Section 3.470 of the Act, 415 ILCS 5/3.540 (2006), provides
as follows:
Solid
waste.
“Solid
waste” means waste.
10.
Section 3.535 of
the
Act,
415 ILCS 5/3.535
(2006), provides, in
pertinent part:
Waste.
“Waste” means any garbage, sludge from a waste treatment
plant, water
supply
treatment plant, or air pollution control facility or other
discarded material,
including solid, liquid, semi-solid, or
contained gaseous material resulting
from
industrial, commercial, mining and agricultural
operations, and from
community
activities
*
*
*
11.
Section 3.160(b) of the
Act, 415 ILCS
5/3.160(a) (2006), provides, in
pertinent
part:
(b)
“Clean construction or demolition debris” means uncontaminated broken
concrete without protruding metal bars, bricks, rock, stone, reclaimed or
other
asphalt pavement, or soil
generated from
construction or
demolition
activities.
Clean construction or demolition
debris
does not include uncontaminated soil
generated during construction, remodeling, repair, and demolition of utilities,
structures, and roads
provided the uncontaminated soil is
not
commingled
with
any
clean construction or demolition debris or other waste.
*
**
12.
Section 1100.103 of the
Board’s
Clean
Construction or
Demolition Debris
Regulations,
35111. Adm. Code 1100.103,
provides,
in pertinent part:
“CCDD” means
clean construction or demolition debris.
“C ODD
fill operation” means the use of CCDD as fill material in a current or
former
quarry, mine, or other excavation. For purposes of this Part, the term
“other
excavation” does not include holes, trenches, or similar earth removal
created as part
of normal construction, removal, or maintenance of a structure,
utility, or
transportation infrastructure.
*
**
3
13.
On or
about
June 28, 2007,
Illinois EPA inspectors conducted a quarterly
CCDD
inspection of
Respondent’s facility.
At
that time, waste material that did
not meet the definition
of CCDD was commingled
throughout the facility’s CCDD fill material.
14.
On or about December 18, 2007, Illinois EPA inspectors
conducted
a quarterly
CCDD inspection
of
Respondent’s
facility. At that time, waste material that did not meet
the
definition
of CCDD was again commingled throughout
the
facility’s CCDD fill
material.
15.
Respondent’s site is a waste disposal site as that term is defined in
Section
3.540 of the Act, 415 ILCS 5/3.540 (2006).
16.
Respondent’s site is also
a CCDD fill operation as that term is defined in
Section
1100.103
of the Board’s
Clean Construction
of Demolition Debris Regulations, 35 Ill. Adm.
Code 1100.103.
17.
By allowing waste material that does not meet the
definition
of CCDD to
commingle with
the
facility’s CCDD fill material, Respondent has violated Section 1100.201(b)
of the Board’s Clean Construction or
Demolition Debris Regulations, 35 III. Adm. Code
1100.201(b).
18.
By
violating
the
above referenced Board regulation, Respondent has also
violated
Section(s) 21 (d)(2), 21(e) and
22.51
(a) of the Act,
415 ILCS 5/21 (d)(2), 21(e),
and
22.51(a)
(2006), as well as Section
1100.201(a)
of the
Board’s Clean Construction or
Demolition Debris Regulations, 35111. Adm. Code
1100.201(a).
PRAYER FOR
RELIEF
WHEREFORE, the Complainant, People of the State of Illinois,
respectfully
requests
that this
Board enter an Order against R.A.
CULLINAN
&
SONS, INC.:
A.
Authorizing a hearing in this matter
at which time
the
Respondent will be
required to
answer the allegations herein;
4
B.
Finding that
the
Respondent has violated the Act and regulations as alleged
herein;
C.
Ordering Respondent
to cease and desist from any further
violations
of the Act
and
associated regulations;
D.
Pursuant to
Section
42(a) of the Act, 415 ILCS 5/42(a) (2006), impose upon the
Respondent a civil penalty of
not more
than the
statutory
maximum;
E.
Pursuant
to
Section
42(f) of the Act, 415 LCS 5/42(f) (2006), award
the
Complainant its costs
in this matter, including reasonable attorney’s fees and costs; and
F.
Grant
such other and further relief
as
the Board deems appropriate.
COUNT II
CCDD INSPECTION
VIOLA11ONS
1
- 16. Complainant realleges and incorporates
by reference herein
paragraphs
1
through 16
of Count las paragraphs I
through 16 of this Count II.
17.
Section
22.51(c)(2)(A) of the Act, 415 ILCS
5122.51(c)(2) (A) (2006), provides as
follows:
(c)
In accordance with Title VII of this Act,
the Board may adopt
regulations
to
promote
the purposes of this
Section. The Agency shall consult
with
the
mining
and
construction
industries during the
development of any
regulations to
promote the purposes of this Section.
*
*
*
(2)
Until
the Board
adopts rules under
subsection (c)(1) of
this
Section, all persons
using clean construction or demolition
debris
as
fill material in
a
current or
former quarry, mine, or other
excavation shall:
(A)
Assure that only clean
construction or
demolition debris
is
being used as fill
material
by
screening each truckload of material
received using a device
approved by the Agency that
detects
volatile organic
compounds. Such devices may include, but are
not limited to,
photo ionization detectors. All
screening devices
shall be
operated
and
maintained in
accordance
with
manufacturer’s
specifications.
Unacceptable fill material shall
be
rejected
from the site;
5
18.
Section 1100.205 of the Board’s Clean Construction
or Demolition Debris
Regulations, 35111.
Adm. Code
1100.205,
provides, in pertinent part, as follows:
Load Checking
The
owner or
operator
must institute and conduct
a
load checking program
designed to detect attempts to dispose of waste
at the facility. At a minimum,
the
load checking program must consist
of the
following
components:
a.
Routine Inspections
1.
An inspector designated by the facility
must
inspect every
load
before
its acceptance at the facility utilizing
an elevated
structure,
a designated ground level inspection area,
or another acceptable
method as specified in the
Agency
permit.
In addition to
a
visual
inspection, the inspector must
use an instrument with
a photo
ionization detector utilizing
a
lamp
of 10.6 eV or greater or
an
instrument
with a flame ionization detector, or other monitoring
devices approved
by the Agency, to inspect
each
load.
All
instruments
shall be interpreted based
on
the
manufacturer’s
margin of error. Any reading in excess
of background levels using
any
of these instruments must
result
in
the rejection of
the
inspected load. In
addition, any
reading
in excess of background
levels on
any monitoring
device
used by the Agency during
an
Agency inspection
must
result
in the rejection of the inspected
load.
*
*
*
b.
Random Inspections
In
addition
to the inspections required under subsection
(a) of this
Section, an inspector designated
by
the facility must
conduct a
discharge inspection of at least one randomly selected
load
delivered
to the facility each day. The driver of
the
randomly
selected
load
must be
directed
to discharge the load at a
separate, designated location
within the facility. The inspector
must
conduct
an
inspection
of the discharged material that
includes,
but
is
not limited to, additional visual inspection and
additional instrument testing using the instruments required
under
subsection (a)(1) of this Section. All instruments shall be
interpreted based on the manufacturer’s margin
of
error.
Any
1eading in excess of background levels
using
any of these
instruments must result
in
the
rejection of the inspected load. In
addition, any reading in excess of background
levels on any
monitoring device
used by
the
Agency during an Agency
inspection must result in the rejection of
the inspected load.
6
**
*
h.
All field measurement
activities
relative
to equipment and
instrument
operation,
calibration and maintenance and
data handling shall be
conducted in
accordance with the following:
1.
“Test Methods for Evaluating Solid
Waste, Physical/Chemical
Methods”
(SW-846),
Vol.
One,
Ch.
One
(Quality Control),
incorporated
by reference at Section
1100.104 of this Part;
2.
The
equipment or instrument manufacturer’s
or vendor’s
published standard operating
procedures;
or
3.
Other operating
procedures specified in
the Agency permit.
*
*
*
19.
On or
about June 28, 2007, Illinois EPA inspectors
conducted a quarterly
CCDD
inspection
of
Respondent’s facility.
At that time, Respondent had
accepted CCDD fill
material
without inspecting the incoming loads of material.
20.
On or about December 18, 2007, Illinois EPA inspectors
conducted another
quarterly CCDD inspection of Respondent’s facility. At that time,
Respondent had failed
to
use
a
photo ionization dector (“PID”) when inspecting incoming loads of
CCDD fill material.
21.
By failing to inspect incoming loads of CCDD fill material,
Respondent has
violated Section(s) 1100.205(a)(1), 1100.205(b)(1), and 1100.205(h)
of the Board’s Clean
Construction or Demolition Debris Regulations, 35111. Adm. Code 1100.205(a)(1),
1100.205(b)(1),
and
1100.205(h).
22.
By failing to inspect incoming loads of clean
construction and demolition
debris
at
the site
with
a
PID device, the Respondent has violated Section 22.51(c)(2)(A)
of the Act,
415 ILCS
5/22.51(c)(2)(A) (2006), as well
as
Section
1100.205(a)(U
of the Board’s Clean
Construction or
Demolition Debris Regulations. 35 Ill. Adm. Code
1100.205(a)(1).
23.
By violating the above referenced Section of the Act, as well
as the above
7
referenced
Board
regulations,
Respondent
also violated
Section(s)
21(d)(2),
21(e)
and 22.51(a)
of
the Act, 415
ILCS 5/21(d)(2),
21(e),
and
22.51(a)
(2006),
as well
as
Section
1100.201(a)
of
the Board’s
Clean
Construction
or
Demolition
Debris
Regulations,
35
Ill. Adm.
Code
1100.201
(a).
PRAYER
FOR
RELIEF
WHEREFORE,
the Complainant,
People of
the
State
of Jllinois,
respectfully
requests
that
the Board
grant
the following
relief
against
R.A.
CULLINAN
& SONS,
INC.:
A.
Authorizing
a
hearing
in
this matter
at which
time the
Respondent
will
be
required
to answer
the
allegations
herein;
B.
Finding
that the
Respondent
has
violated
the
Act
and
regulations
as
alleged
herein;
C.
Ordering
Respondent
to
cease and
desist from
any
further
violations
of
the Act
and
associated
regulations;
D.
Pursuant
to Section
42(a)
of the Act,
415 ILCS
5/42(a) (2006),
impose
upon
the
Respondent
a
monetary
penalty of
not more than
the statutory
maximum;
E.
Pursuant
to Section
42(f)
of the
Act, 415
ILCS 5/42(f)
(2006),
award
the
Complainant
its costs
in this
matter, including
reasonable
attorney’s
fees
and costs;
and
F.
Grant such
other
and
further
relief as
the
Board
deems
appropriate.
COUNT
III
CCDD RECORDKEEPING
VIOLATIONS
I - 16. Complainant
realleges
and incorporates
by reference
herein
paragraphs
1
through
16 of
Count las
paragraphs
1 through
16 of this
Count Ill.
17.
Section
1100.205
of the Board’s
Clean
Construction
or
Demolition
Debris
Regulations,
35111.
Adm.
Code 1100.205,
provides,
in pertinent
part,
as
follows:
Load
Checking
8
The owner
or operator must institute and
conduct a load checking program
designed
to detect attempts to dispose of
waste at the facility. At
a minimum, the
load checking program must consist
of
the following
components:
*
**
(c)
Documentation of
Inspection Results
The documentation for
each inspection must
include,
at
a minimum,
the
following:
(1)
The
date and time of the inspection, the
name
of
the hauling
firm,
the vehicle identification
number or license plate
number,
and
the
source
of the CCDD;
*
*
*
18.
On oi bout June 28, 2007, Illinois EPA inspectors
conducted a quarterly
CCDD
inspection of
Respo ent’s facility. At that time, Illinois EPA learned
that
Respondent had
no
documented
CCDD
cords for the facility.
19.
On
or
bout
December
18,
2007, Illinois EPA inspectors
conducted a quarterly
CCDD
inspection
of
espondent’s
facility.
At that time,
Illinois
EPA learned that Respondent
had not
maintained
CCDD records for the facility.
20.
By fc
g
to maintain CCDD records for the facility, Respondent violated Section
11
00.205(c)(1)
of
th Board’s
Clean
Construction or Demolition
Debris
Regulations,
35 III. Adm.
Code 1
100.205(c)(
21.
By
vi ating the above referenced Board regulation, Respondent also violated
Section(s)
21(d)(2),
:1(e)
and
22.51(a) of the Act, 415 LOS 5!21(d)(2), 21(e), and 22.51(a)
(2006),
as
well as
Section 1100.201(a) of the Board’s Clean Construction or Demolition Debris
Regulations,
35111.
Adm. Code 1100.201 (a).
9
PRAYER
FOR
RELJEF
WHEREFORE,
the Complainant,
People of the State of Illinois, respectfully
requests
that the Board grant
the following relief
against R.A. CULLINAN
&
SONS,
INC.:
A.
Authorizing
a
hearing
in this matter
at
which
time
the Respondent will
be
required
to answer
the
allegations herein;
B.
Finding that
the Respondent
has
violated
the Act and regulations as alleged
herein;
C.
Ordering
Respondent to cease and desist from
any
further
violations
of
the
Act
and associated regulations;
D.
Pursuant
to Section 42(a) of the
Act,
415 ILCS
5/42(a) (2006), impose
upon the
Respondent
a
monetary penalty of
not more than the statutory maximum;
E.
Pursuant to
Section
42(f) of the Act, 415 ILCS 5/42(f) (2006), award
the
Complainant its costs in
this
matter, including reasonable attorney’s fees and
costs; and
F.
Grant such other and further relief as the Board deems appropriate.
COUNT
IV
CCDD PERMIT VIOLATIONS
1 - 16.
Complainant realleges and incorporates
by
reference herein paragraphs 1
through
16 of
Count I as paragraphs 1 through 16 of this Count IV.
17.
Section 22.51 (b)(3) of the Act, 415 ILCS 5/22.51 (b)(3) (2006), provides
as
follows:
(3) On
and
after
July 1,
2008, no person
shall
use clean construction or
demolition
debris as fill
material
in a current or former quarry, mine,
or
other
excavation without a permit granted by the Agency for the clean
construction
or
demolition debris fill operation
or
in violation of
any
conditions
imposed by such
permit, including periodic reports
and
full access
to adequate records and
the
inspection
of
facilities,
as may be necessary to assure compliance with this
Act
and
with Board regulations and standards adopted
under
this Act.
*
*
*
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18.
Section 21(d)(1) of the Act,
415 ILCS 5121(d)(l)
(2006),
provides,
in pertinent
part,
as
follows:
No person shall:
*
*
*
(d)
Conduct any
waste-storage, waste-treatment,
or waste-disposal operation:
(1) without
a
permit
granted
by
the Agency or in violation of any
conditions imposed
by such permit.
*
*
*
18.
Onor about
September 11,2008, Illinois
EPA
inspectors
conducted a quarterly
CCDD inspection of Respondent’s facility. At
that
time,
Respondent disposed
of
CCDD without
a
permit granted by the Illinois EPA.
19.
By disposing of CCDD
without a
permit
granted by the Illinois
EPA,
Respondent
has
violated Section(s) 22.51(b)(3) and
22(d)(1) of the Act, 415 ILCS
5/22.51(b)(3)
and
22(d)(1)
(2006).
20.
By violating the above referenced Sections
of
the Act, Respondent has also
violated
Section(s) 21 (d)(2), 21(e) and 22.51(a) of the Act, 415 ILCS 5/21 (d)(2), 21(e), and
22.51(a) (2006), as well as Section 1100.201(a) of the Board’s Clean Construction or
Demolition
Debris Regulations, 35111. Adm. Code 1100.201 (a).
PRAYER FOR RELIEF
WHEREFORE, the Complainant,
People of the State of
Illinois, respectfully requests
that
the
Board grant
the following
relief against R.A. CULLINAN & SONS, INC.:
A.
Authorizing
a
hearing
in this matter at which time the
Respondent will be
required to
answer the allegations herein;
B.
Finding that the Respondent has violated the Act and regulations as
alleged
herein;
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C.
Ordering
Respondent
to
cease and
desist from
any
further
violations
of
the
Act
and associated
regulations;
D.
Pursuant
to Section
42(a)
of the Act,
415 ILCS
5/42(a)
(2006),
impose
upon
the
Respondent
a
monetary
penalty
of
not more
than
the
statutory maximum;
E.
Pursuant
to Section
42(f)
of
the Act,
415 ILCS
5/42(f)
(2006),
award
the
Complainant
its costs
in
this matter,
including
reasonable
attorney’s
fees and
costs;
and
F.
Grant
such other
and
further
relief
as the Board
deems
appropriate.
Respectfully
submitted,
PEOPLE
OF THE
STATE
OF ILLINOIS,
LISA
MADIGAN
Attorney General
of the
State of
Illinois
MATTHEWJ.
DUNN,
Chief
Environmental
Enforcement/Asbestos
Litigation
Division
BY_
THOMAS
DAVIS,
Chief
Assistant Attorney
General
Environmental
Bureau
Of
Counsel
STEPHEN
J.
JANASIE
Assistant
Attorney
General
500
South
Second
Street
Springfield,
Illinois
62706
217/782-9031
Dated: May
1,
2009
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