Q%I
Mi6k2
02609
STATE
OF
ILLINOIS
POlltjn
Control
Board
OFFICE
OF
THE ATTORNEY
GENERAL
STATE OF
ILLINOIS
Lisa
Madigan
ATTORNEY
GENERAL
August
18,
2009
hn
T.
Theria,
Asistnt
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.
Illinois Valley
Paving
Co.,
Inc.
PCB No. 09-40
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,
Step
e
J.
nasie
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
• TTY:
(800)
964-3013
• Fax: (312)
814-3806
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
PEOPLE
OF
THE STATE
OF ILLINOIS,
)
CompIanant,
vs.
)
PCB No. 09-40
ILLINOIS
VALLEY
PAVING
COMPANY,
)
INC.,
Respondent.
NOTICE
-___
OF FILING
To:
Edward
R.Gower
Hinshaw
&
Culbertson
LLP
LUt.OIS
400 S.
Ninth Street,
Ste.
200
s
oard
Springfield,
IL 62701
p
00
Ofl
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
Liatiovis//.
S
‘IANASIE
Assista
t
Attorney General
Environmental
Bureau
500
South
Second
Street
Springfield,
Illinois
62706
217/782-9031
Dated:
August 18,
2009
CERTIFICATE
OF
SERVICE
I hereby
certify that I
did on August 18,
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:
Edward R.
Gower
Hinshaw
&
Culbertson
LLP
400 S
Ninth
Street Ste
200
Sprirgfik
L 627;1
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
STE’’F4EVJ.
/ANASIE
Assistan{’Attrney
General
This
filing
is
submitted on
recycled
paper.
BEFORE
THE ILLINOIS
POLLUTION
CONTROL
BOARD
PEOPLE
OF THE
STATE
OF ILLINOIS,
)
Complainant,
vs.
)
PCB
No. 09-40
)
ILLINOIS
VALLEY
PAVING COMPANY,
)
CVED
INC.,
)
CLERK’S
OFFIGE
Respondent.
)
AUG20
2009
STATE
OF
IWNOIS
Pc$lutiofl
Control
Board
WiU1kJi’
FU
RiLi-
rWI1
Aric
i URtivEi
‘
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)
(2008), 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)
(2008).
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)
(2008).
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 5131(c)(1) (2008).
500
South
Second
Street
Springfield,
Illinois 62706
217/782-9031
Dated:
August 18,
2009
Respectfully
submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN
ATTORNEY GENERAL
MATTHEWJ. DUNN, Chief
Environmental Enforcement/Asbestos
L
BY
;IE
Er
l Bureau
Assistant Attorney General
2
BEFORE THE ILLINOIS
POLLUTION
CONTROL
BOARD
PEOPLE
OF THE STATE
OF ILLINOIS,
)
Complainant,
V.
)
PCB
No. 09-40
)
ILLINOIS
VALLEY PAVING
)
COMPANY,
INC.
)
Respondent.
)
MJG’Z0
2009
STIPULATION AND
PROPOSAL FOR
SETTLMN1DF
ILLINOIS
pollution
Control
Boar
The
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
ILLINOIS
VALLEY
PAVING
COMPANY,
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 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.
In
conjunction
with
this
Stipulation, 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,
the Respondent
was
and is an
Illinois
corporation
in good
standing
that is authorized
to
transact
business
in
the State of
Illinois.
4.
At all times relevant
to the Complaint,
the Respondent owned and operated
a
temporary concrete
batch plant (“the site”) which
is
located
inside the
northwest
portion of
the
“cloverleaf” intersection of
1-74 and
1-474
just
west of Peoria,
Peoria County,
Illinois.
The site is
located near an unnamed tributary of Kickapoo
Creek and storm water and other runoff from
the
site
flow into this waterway.
5.
On March 4, 2005, Lyle Ray (“inspector”) of
the
Illinois EPA’s Peoria Regional
Office performed an inspection at the site. At that time,
the
Respondent conducted operations
on the site even though the site’s
silt
fences were inadequate.
6.
On June 16,
2005,
the inspector
re-inspected
the
site
and
found the
Respondent
using the site for washing out
the
remains of concrete residue from tandem dump
trucks, which
overwhelmed
the
erosion control
devices. As a
result
of
the runoff, the water
containing concrete and residues entered the Kickapoo Creek via an unnamed
tributary.
Water
samples of the runoff
showed elevated levels
of pH and Total
Suspended Solids.
7.
On July 28,
2005, the
inspector
conducted a re-inspection and found the
concrete residues in the tributary to Kickapoo Creek were heavier than
during the previous visit.
B.
Allegations
of Non-Compliance
The
Complainant contends that the Respondent has violated the
following provisions of
the Act and
Board regulations:
2
Count I:
Section 12(a) of the Act,
415
ILCS
5/12(a)
(2006),
Section
302.203 of
the
Illinois
Pollution Control Board’s Water Quality
Standards,
35 Ill. Adm. Code 302.203.
The Respondent
caused
water
pollution
by
discharging
contaminant-laden stormwater runoff
into the Kickapoo Creek
via
an unnamed
tributary and also caused waters of
the State to
contain sludge or
bottom
deposits, floating
debris, visible oil,
odor,
plant
or algal
growth,
color
or turbidity of other than natural origin,
by discharging contaminant-laden
stormwater runoff into the
Kickapoo Creek
via an unnamed tributary.
Count
II:
Section 12(f) of the Act, 415 ILCS
5/12(f) (2006).
The Respondent violated the terms of
its
NPDES
permit number
!Lr2436
b” fWnc
ft [ment
DdeQu:te
erosior cor.trols
t
the site.
C.
Non-Admission of Violations
The Respondent neither admits nor denies the violations alleged in
the Complaint
filed
in
this matter and referenced herein.
D.
Compliance Activities to Date
The Respondent’s concrete batch plant was a temporary operation, and all equipment
has now
been removed
from
the Site.
Ultimately,
the property
will
be
transferred
to
the Illinois
Department of
Transportation.
The
Respondent has implemented a number of erosion
controls
at the Site,
including
the
application of top
soil, seed,
and
straw
mulch. Subsequent to the March 4, 2005 inspection, the
Respondent
constructed
additional silt
fences.
Erosion controls have also been placed around
the receiving
ditch that is the subject of the Complaint referenced
herein. The
Respondent
has
implemented and applied
erosion controls
to
the satisfaction of the Illinois EPA; however,
additional
grass
cover needs
to
take root before the Site achieves
final stabilization and
the
Respondent
may terminate the
general NPDES stormwater permit.
3
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).
The Respondent shall notify each contractor to be retained to perform work required
in
this Stipulation of each of the requirements of this Stipulation relevant to the activities to
be
performed by that contractor,
including all relevant work schedules and reporting deadlines,
and
shall provide
a copy
of this Stipulation to each contractor
already
retained
no later than thirty
(30)
calendar days after the date of entry
of this Stipulation. In addition, the Respondent
shall
provide copies of
all schedules for implementation of the
provisions
of this Stipulation to the
prime vendor(s)
supplying the control technology
systems and other equipment required
by
this
Stipulation.
No change in
ownership, corporate status or operator of the facility shall in any way alter
the responsibilities of
the Respondent under
this Stipulation. In
the
event
that
the
Respondent
proposes to sell or
transfer any
real
property or
operations subject
to
this Stipulation, the
Respondent
shall notify the
Complainant
and the Illinois EPA thirty (30) calendar days prior to
the conveyance
of title,
ownership or other interest, including a
leasehold interest
in
the facility
or a
portion thereof.
The
Respondent shall make as a condition of any such sale or transfer, that
4
the purchaser or successor provide to
the
Respondent
site access
and all cooperation
necessary for the Respondent to perform to completion
any
compliance
obligations
required
by this Stipulation. The Respondent shall provide
a copy
of this Stipulation to
any such
successor
in
interest
and the Respondent shall continue to be
bound
by and
remain liable for performance
of all obligations under this Stipulation.
In appropriate
circumstances, however, the Respondent and
a
proposed purchaser or operator of the
facility
may
jointly request,
and the
Complainant
and the Illinois
EPA,
in
their discretion,
may
consider modification of
this
Stipulation
to obligate the proposed
purchaser or
operator to carry out future requireniehts of this Stipulation in place of, or in addition to,
the
Respondent.
This provision does not relieve the Respondent from compliance with
any
regulatory
requirement regarding notice and transfer of applicable facility
permits.
NI. IMPACT ON THE PUBLIC RESULTING FROM ALLEGED NON-COMPLIANCE
Section
33(c) of
the Act, 415
ILCS
5133(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.
Human
health and
the environment
were threatened
and the Illinois
EPA’s
information
gathering
responsibilities
hindered
by the
Respondent’s
failure
to
implement
adequate
erosion
controls
at
the Site
and
the
discharge
of contaminant-laden
stormwater
runoff
into the
Kickapoo
Creek via an
unnamed
tributary,
in
violation
of the
Respondent’s
general
NPDES
stormwater
permit.
2.
A
temporary
concrete
batch plant
has
social and
economic
value.
3.
Operation
of the
facility was
suitable
for
the
area in
which
it occurred.
4.
Maintaining
adequate
erosion controls
in compliance
with the
Respondent’s
general
NPDES stormwater
permit is both
technically
practicable
and
economically
feasible.
5.
The 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 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.
2.
the duration
and gravity
of the violation;
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;
6
5.
the number,
proximity in time,
and
gravity
of
previously adjudicated
violations
of this Act
by the
respondent;
6.
whether the
respondent voluntarily
self-disclosed, in accordance
with
subsection I of this
Section, the non-compliance
to the Agency;
and
7.
whether
the respondent
has agreed to undertake
a “supplemental
environmental
project,”
which
means
an environmentally
beneficial
project that
a respondent agrees
to undertake in
settlement
of an
enforcement
action
brought
under
this
Act,
but
which
the respondent
is
not otherwise legally
required to perform.
In
response
to these factors,
the
Parties
to the
Stipulation state
as follows:
I
The
Respondent
failed
to irnk
rnertaequate
erosion contro
•atthe
Site,
in
violation of
the Respondent’s
general NPDES
stormwater permit,
and caused
water
pollution
through
the discharge
of
contaminant-laden
stormwater
runoff
into
the Kickapoo Creek
via
an
unnamed
tributary.
The violations
began on or around
March 4, 2005, and
were individually
resolved at
various times
in the
following
three years.
2.
The
Respondent
was
diligent
in attempting to
come back
into compliance with
the Act, Board
regulations and
applicable federal
regulations,
once the
Illinois
EPA notified
it of
its
noncompliance.
3.
The
Respondent’s
economic
benefit
of
noncompliance
was nominal.
4.
The
Complainant
has
determined, based
upon the
specific
facts of this matter,
that
a
penalty of
Fifteen Thousand
Two Hundred
Dollars
($15,200.00) will
serve
to deter
further
violations and
aid in future voluntary
compliance
with the Act and
Board regulations.
5.
The
Respondent
was
the subject
of a 1990 enforcement
action
arising from an
Illinois
EPA Bureau
of Air
referral.
The matter was
resolved
by
settlement agreement,
with
no
admission
of violations,
and the
payment of
a
$15,000
penalty. The
settlement agreement
was
accepted
by
an
Order of
the Board. The
prior enforcement
action
occurred nearly twenty
years
7
ago and involved dissimilar violations,
so
no
enhancement of the penalty was made on the
basis
of the prior enforcement
action.
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
Two
Hundred Dollars ($15,200.00)
within thirty (30) days from the date the Board adopts
and
accepts this Stipulation.
B.
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.
8
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 Respondent’s federal
tax
identification
numbershall 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
D.
Future Compliance
1.
The Respondent shall continue to maintain erosion controls at the
Site
to
ensure
compliance
with
the Act and applicable state
and federal regulations. The Respondent shall
also
continue
to
maintain erosion controls and increase grass cover on the Site in
order
to
achieve final stabilization,
terminate
the
Site’s general
NPDES stormwater permit, and ultimately
transfer the Site to
Illinois Department of Transportation.
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 Respondent’s facility which is the subject of
this Stipulation,
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
9
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 Respondent
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
Respondent
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
Inconsideration
of the
Respondent’s
payment
of the
$15,200.00
penalty, its
commitment
to
Cease
and
Desist as
contained
in Section
V.D.4
above,
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 the
Complainant’s
Complaint
filed
in conjunction
with
this
Stipulation.
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.
10
Nothing
in this
Stipulation
is
intended as a
waiver, discharge,
release, or
covenant not
to
sue for any claim
or
cause of
action,
administrative or
judicial, civil or
criminal, past or
future,
in
law or in
equity,
which
the State
of
Illinois
or
the Illinois EPA may
have against
any person,
as
defined
by
Section
3.315 of the Act, 415
ILCS 5/3.315,
or
entity
other than the
Respondent.
F.
Correspondence,
Reports and
Other
Documents
Any and
all correspondence,
reports and
any
other
documents
required
under this
Stipulation, except
for penalty payments,
shall
be
submitted as
follows:
As to
the
Complainant
Stephen
J. Janasie
Assistant
Attorney General
Environmental
Bureau
500
South Second
Street
Springfield, Illinois
62702
As
to
the
Illinois
EPA
Chad Kruse
Assistant
Counsel
Illinois EPA
1021
North
Grand
Avenue
East
P.O.
Box 19276
Springfield,
Illinois
62794-9276
As to the
Respondent
Edward R.
Gower
Hinshaw &
Culbertson
LLP
400 South
Ninth Street, Suite
200
Springfield,
Illinois 62701-1908
11
G.
Enforcement and Modification
of Stipulation
I
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.
2.
The Parties
to
the Stipulation
may, by
mutual written consent,
agree
to
extend
any compliance
dates or
modify
the terms
of this
Stipulation. A request for any
modification
shall
be
made in
writing and
submitted to the contact
persons identified in Section V.G.
Any
such request shall be
made by separate document, and shall not be
submitted within any other
report or submittal
required by this Stipulation. Any such agreed
modification
shall
be
in writing,
signed by authorized
representatives of the Parties to
the Stipulation.
H.
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 this
Stipulation request
that the
Board
adopt and accept
the
foregoing Stipulation and Proposal for Settlement as written.
PEOPLE OF
THE STATE OF ILLINOIS,
LISA
MADIGAN
Attorney General
State of
llinois
MATTHEWJ.
DUNN, Chief
Environmental Enforcement!
Asbestos Litigation
Division
BY:
THOMAS
DAVIS, Chief
Environmental
Bureau
Assistant Attorney
General
DATE:
/ /
5/
27/i7
THE ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
DOUGLAS P. SCOTT,
Director
Illinois Environmental Protection Agency
BY:
R
BERT .MESSIN
Chief
Legal Counsel
DATE:
ILLINOIS
VALLEY PAVING, INC.
BY:
/1’
C?
JAMES P.
BRUNER
Vice
President
13