MAyj
2009
OFFICE
OF
THE ATTORNEY
GENERAL
STATE
OF
STATE
OF
ILLINOIS
POllUtior,
cor:f’JNOiS
JO1
Board
Lisa
Madigan
ATTORNEY
GENERAL
May 7,
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.
Yetter
Manufacturing
Company,
et
a!.
PCB
No. 09-32
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,
2_
4----
,
4
ane
E. McBride
Environmental
Bureau
500 South
Second
Street
Springfield,
Illinois 62706
(217)
782-9031
J
EM/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
1001
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L)0(1
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(,1 Q C’lfl
414
BEFORE THE
ILLINOIS POLLUTION
CONTROL BOARD
PEOPLE OF THE
STATE OF ILLINOIS,
)
Complainant,
vs.
)
PCB No.
09-32
)
(Enforcement - Water)
WHALEN MANUFACTURING
COMPANY,)
an Illinois corporation,
and YETTER
)
MANUFACTURING
COMPANY,
an
Illinois corporation,
)
ECVED
Respondent.
)
CLERK’S
OFFICE
NOTICE
OF FILING
MAY
11
2009
STATE
OF
ILLINOIS
To:
William H. Campbell
Pollution
Control
Board
Davis
&
Campbell L.L.C.
401 Main
Street
Suite
1600
Peoria, IL 61602-1
241
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
Litigation Division
*
BY:
,-Jane
5;—.e-
E. McBride
272I
fr
Sr .Assistant Attorney
General
4.v7 ‘
Environmental Bureau
500
South
Second
Street
Springfield,
Illinois 62706
217/782-9031
Dated: May 7, 2009
CERTIFICATE
OF
SERVICE
I hereby
certify
that
I did
on
May
7, 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:
William
H. Campbell
Davis
&
Campbell
L.LC.
401
Main Street
Suite
1600
Peoria,
IL
61602-1241
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
‘—-
.;
4
Sr. Assistant
E.
McBnde
Attorney
Gene
7
j-
1
This
filing
is submitted
on recycled
paper.
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL BOARD
PEOPLE
OF THE
STATE
OF
ILLINOIS,
)
Complainant,
vs.
)
PCB No.
09-32
)
(Enforcement
- Water)
WHALEN
MANUFACTURING
COMPANY,)
an Illinois
corporation,
and YETTER
)
MANUFACTURING
COMPANY,
an
)
IIl,no,s corporation,
)
OFFICE
MAY11
2
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
5131(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).
I
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:
500
South
Second
Street
Springfield,
Illinois
62706
217/782-9031
Dated:
May
7, 2009
ane
E.
McBride
Environmental
Bureau
Sr.
Assistant
Attorney
General
2
BEFORE
THE ILLINOIS
POLLUTION
CONTROL
BOARD
PEOPLE OF THE
STATE OF ILLINOIS,
)
)
Complainant,
)
)
v.
)
PCB NO. 09-32
(Enforcement - Water)
)
YETTER
MANUFACTURING
COMPANY,
)
an Illinois corporation,
&
)
WHALEN
MANUFACTURING
COMPANY,
)
OFFICE
an
unincorporated
division of Yetter,
)
MAY
2009
)
STATOFII,
Respondents.
)
PoIIut0
cfN0j
°
SO9r
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”),
YETTER
MANUFACTURING
COMPANY and WHALEN MANUFACTURING COMPANY
(“Yetter” and “Whalen”
individually, “Respondents” collectively) (“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 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 November 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 Respondents.
2.
The Illinois EPA is an administrative agency of the State of Illinois,
created
pursuant to Section4 of
the
Act,
415
ILCS 5/4
(2006).
3.
At all times relevant to the Complaint, Respondent Yetter was an
Illinois
corporation
authorized to transact business in the State of Illinois and
Respondent Whalen was an
unincorporated
division
of
Yetter. At all times relevant to the
Complaint, Respondent Yeller
owned
and operated a
manufacturing facility located at 109 S.
McDonough, Coichester,
McDonough
County,
Illinois (“Yetter site”). At all times relevant to the
Complaint, Respondent
Whalen owned and
operated
a
manufacturing facility located at 1270 East
Murray
Street,
Macomb,
McDonough
County, Illinois (“Whalen site”).
4.
On
February 8, 2006, the Illinois EPA inspected the
Yeller site. The inspector
observed
a
300-gallon plastic tank filled with liquid industrial
waste. It was learned that wastes
from the
parts washer and the wash bay
were collected into the 300-gallon
plastic tank
and
hauled by
Yetter to the Whalen site
in
Macomb,
Illinois.
5.
As of February
8,
2006, Yetter transported approximately 600
gallons of industrial
waste
solution
every
30
to 60 days to the Whalen site. At the Whalen
site, the liquid waste was
2
dumped
into
a
sanitary
sewer
that is
a
tributary
to the Macomb
sanitary
sewer system.
6.
As
of February
8,
2006,
Yetter
did not have
a valid
nonhazardous
special
waste
hauling
permit
issued by
the Illinois
EPA.
7.
As
of February
8,
2006,
Yetter
did not
use a manifest
to
ship the
nonhazardous
special
waste
to
the
Whalen
site.
8.
As of
February
8,
2006,
Whalen
did not have
a
special
waste
permit
to store
special waste.
9.
As
of
February
8,
2006, Whalen
did
not
have
a Development
Permit
to develop
a
new
solid waste
facility.
10.
As
of February
8,
2006,
Whalen
did
not
have
an operating
permit to
use or operate
a
new
solid
waste
facility.
11.
As of February
8,
2006, Yetter
and
Whalen
did not have
a
National Pollutant
Discharge
Elimination
System
(“NPDES”)
permit.
B.
Allegations
of Non-Compliance
Complainant
and the Illinois
EPA
contend
that the
Respondents
have violated
the
following
provisions
of the Act
and
Board regulations:
Count
I:
Special
Waste
Permit
Violations
- Yetter
Manufacturing
By hauling
or
otherwise
transporting
nonhazardous
special
waste
generated
within
Illinois
without
a
current,
valid
nonhazardous
special
waste hauling
permit,
Yeller
violated
Section
809.201
of the
Board’s
Regulations,
35
Ill. Adm.
Code 809.201
(2005).
By
delivering
nonhazardous
special waste
generated
within
Illinois
without
concurrently
delivering
a
3
manifest to
a special
waste
transporter,
Yetter
violated
Section
809.301
of
the
Board’s
Regulations,
35
Iii.
Adm. Code
809.301
(2005).
By
delivering
nonhazardous
special
waste
in Illinois
for
disposal, storage,
or treatment
to a
person who
does
not have
a
current,
valid
operating
permit
issued
by
the
Illinois EPA,
Yetter
violated Section
809.302(b)
of the
Board’s Regulations,
35 Ill.
Adm.
Code
809.302(b)
(2005).
By
conducting
a special
waste
transportation
operation
in violation
of regulations,
standards
or
permit requirements
adopted
by the
Board
under the
Act,
Yetter
violated Section
21(j)
of the Act,
415
ILCS
5/21(j)
(2006).
Count
II:
Special
Waste
Permit
Violations
- Whalen
Manufacturing
By
operating,
causing
or allowing
the
development
of
a solid
waste
management
site without
a
Development
Permit,
Whalen
violated
Sections
807.20 1(a)
and
807.202(a)
of the
Board’s
Water
Pollution
Regulations,
35
Iii. Adm.
Code
807.20
1(a)
and
807.202(a)
(2005).
By
accepting
special
waste
for disposal,
storage
or treatment
within
Illinois
from
a
special
waste
transporter
who
does
not
have
a valid
nonhazardous
special
waste
hauling permit,
Whalen
violated
Section 809.302(a)
of the Board’s
Water
Pollution Regulations,
35 Ill. Adm.
Code 809.302(a)
(2005).
By
conducting
a
waste
storage operation
without
a permit
granted by
the Agency,
Whalen
violated
Section
2 1(d)
of
the
Act,
415 ILCS
5/21(d)
(2006).
By
disposing,
treating,
storing
or abandoning
waste at
a site
or
facility
that
does
not meet
the
requirements
of
the
Act,
Whalen
violated
Section 21(e)
of the
Act, 415 ILCS
5/21(e)
(2005).
Count III:
NPDES
Permit Violations
- Whalen
Manufacturing
&
Yetter
Manufacturing
By
causing,
threatening
or allowing
the
discharge
of
4
contaminants
into waters
of the State without
a valid
NPDES
permit,
Whalen
and
Yetter violated
Section
12(f) of
the Act, 415
ILCS 5/12(f) (2005).
By
causing or allowing
the use or operation of
a treatment
works,
pretreatment
works or wastewater
source without an
NPDES
permit, Whalen and
Yetter
violated
Section
309.204(a)
of the
Board’s
Water
Pollution
Regulations,
35
Ill. Adm.
Code 309.204(a)
(2005).
C.
Admission
of Violations
The Respondents
admit to the violations
alleged in the Complaint
filed
in this matter and
referenced
within Section
I.B. herein.
B.
Compliance
Activities to Date
On February
9,
2006, Yetter
stopped
hauling its
industrial
wastewater
to the
Whalen site.
Yetter’s
wastêwater
is recycled and reused
until cleaning
effectiveness
is
compromised.
Once
compromised,
the contaminated
wastewater
is hauled away by
a
third
party contractor
for proper
disposal.
On
November 29, 2006,
Whalen obtained a
Water
Pollution
Control
Permit to
discharge
metal
finishing
wastewater to the
Macomb sanitary
sewer
system.
S
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 Respondents, as
well as any
successors
or assigns
of
the Respondents. The
Respondents 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
Respondents 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 ILCS5/39
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.
6
In
response
to these
factors,
the
Parties
to
the Stipulation state
the
following:
1.
Human
health
and
the environment
were
threatened
and
the
Illinois
EPA’s
information
gathering
responsibilities
hindered
by
the Respondent’s
violations.
2.
There
is
social
and
economic
benefit
to
the facility.
3.
Operation
of the
facility
was
suitable
for
the
area
in
which
it
occurred.
4.
Yetter’
s cessation
of
transporting
liquid
industrial
waste
to
the
Whalen
site
and
Whalen’s
compliance
with
permit
requirements
is both
technically
practicable
and economically
reasonable.
5.
Respondents
have
subsequcntly
complied
with
the Act
and
the
Board
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 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;
7
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 to the Stipulation state as follows:
1.
Whalen had been
discharging industrial wastewater received from Yetter to the
Macomb sanitary sewer without
a
permit for
approximately ten (10) years. It
was not
until the
Illinois EPA inspected the facility on February
9,
2006
that it stopped.
2.
Whalen and
Yetter diligently responded following the
Illinois EPA’s February 9,
2006
inspection. Yetter stopped transporting industrial wastewater to the
Whalen site
and
Whalen
stopped dumping it into the Macomb sewer system. In addition,
Whalen
obtained the
necessary
permit
to discharge sanitary waste to the Macomb
sewer system.
3.
Whalen and Yetter did not
receive
an economic benefit from
the
violations.
4.
Complainant and the Illinois EPA have
determined, based upon the
specific facts
of
this
matter, that a penalty of Ten Thousand
Dollars
($10,000.00)
against
both Whalen and
Yetter
will serve to deter
further
violations
and
aid in future voluntary
compliance
with the Act
and
Board
regulations.
5.
To Complainant’s and the
Illinois
EPA’s
knowledge, no previous
enforcement
action
has
been taken against Respondent
Whalen. There
was a
previous
enforcement
action,
however,
against
Yetter.
In
1998, the Illinois EPA referred Yetter to the
Office
of Attorney
General
for air
pollution violations that included operating without a permit
and
improper record
8
keeping.
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 Pa3 ient
1.
Resp ident Whalen shall pay a civil penalty in the sum of Ten
Thousand
Dollars
($10,000.00)
withir
irty (30)
days from the
date the
Board
adopts
and accepts this Stipulation.
Respondent Yetter
ll pay a
civil penalty in the
sum
of Ten Thousand Dollars
($10,000.00)
within thirty
(30)
d
from the date the Board adopts and
accepts this Stipulation.
B.
Stipulated
aalties, Interest and Default
1.
If thc
espondents
fail to make any
payment required
by
this
Stipulation
on or
before the
date upo vhich the
payment is due, the Respondents shall be in
default and the
remaining
unpaid b nce of
the penalty, plus any accrued interest,
shall be due and
owing
immediately.
n th
vent of default, the
Complainant shall be entitled to
reasonable costs of
collection,
in1udir reasonable
attorney’s
fees.
2.
Pui
nt to Section 42(g) of the Act,
interest shall accrue on any
penalty amount
owed by
the Resp
ents not paid within the
time prescribed herein. Interest on
unpaid
penalties
shall
begin
to accr
from
the
date such are due and continue to accrue to
the date full payment
is
received.
Where
p
ial payment is
made
on any penalty amount that is due,
such partial
payment
shall be
fist applied to any interest on unpaid
penalties
then
owing.
9
C.
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
Respondents’
federal tax
identification numbers
shall appear on
the face of the
certified
ciieck
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.
Future
Compliance
1.
Respondent
Yetter shall no longer
transport
industrial
wastewater
to
the
Whalen
site.
Whalen shall
no longer
receive Yetter’ s
industrial waste and
discharge
it into
the Macomb
sewer system.
Whalen shall only
discharge industrial
wastewater
to the
Macomb sanitary sewer
system
as
per the
terms and conditions
of its Water
Pollution
Control
Permit
Number 2006-EA-
2426.
Whalen shall
comply with
the monitoring
and reporting
requirements of
its permit.
2.
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 the
Respondents’
facility
which
is the
subject
of this
Stipulation,
at
all
10
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.
3.
This
Stipulation in
no way affects the responsibilities
of
the Respondents to
comply with any other federal,
state or local laws
or
regulations, including but
not limited
to the
Act and the Board
Regulations.
4.
The Respondents
shall cease and desist from future violations
of the Act and
Board Regulations that were the
subject
matter of the Complaint.
E.
Release from Liability
In consideration of the Respondents’ collective
payment of
the
$20,000.00
penalty,
completion of
all activities
required
hereunder,
and upon the Board’s
approval
of this Stipulation,
the
Complainant releases,
waives and
discharges
the
Respondents 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 filed on November 12, 2008.
The Complainant
reserves,
and
this
Stipulation
is
without prejudice
to, all rights of
the State of
Illinois against
the
Respondents
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
11
d.
liability or claims based on the Respondents’ 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 5/3.3 15 (2006),
or entity other than the
Respondents.
F.
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.
G.
Execution of
Stipulation
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 the
Stipulation request that the
Board adopt and accept the
foregoing
Stipulation
and Proposal for Settlement as written.
PEOPLE OF THE STATE OF ILLINOIS
THE ILLJNOIS
ENVIRONMENTAL
PROTECTION
AGENCY
LISA MADIGAN
Attorney
General
State of
Illinois
DOUGLAS P. SCOTT,
Director
Illinois Environmental
Protection Agency
MATTHEW
J.
DU1\N, Chief
Environmental Enforcement!
Asbestos Litigation Division
BY
BY:
THOMAS DAVIS, Chief
ROBERT A.
MESSINA
Environmental Bureau
Chief Legal
Counsel
Assistant Attorney General
DATE:
$7’
DATE:
\\
YETTER
MANUFACTURING,
CO.
BY
WHA,
MUFACTUR1NG, CO.
BERNARD F. WHALEN
President
DATE:
13