-~CeIvED

CLERK'S OFFICE

AUG 26 1996

SlA1E OF ILLINOIS

POLLUTION CON1ROL BOARD

OF'FleE OF THE ATTORNEY GENERAL

STATE OF

ILLINOIS

Jitn

Ry'"'o

A'ITORNEY GENERAL

The Honorable Dorothy Gunn

Illinois Pollution Control Board

State of Illinois Center

100 West Randolph

Chicago, IL 60601

August 23, 1996

Re:

People

v. Bell Sports. Inc. and Waste Hauling Landfill, Inc., and

Waste

Hauling, Inc., PCB No. 95-91

..Jear Clerk Gunn:

Enclosed for filing please find the original and ten copies

of NOTICE OF FILING,

MOTION FOR

RELIEF FROM HEARING REQUIREMENT, and STIPULATION AND

PROPOSAL FOR SETTLEMENT in the above-captioned matter. Please file the originals and

return a file-stamped copy

of the documents to our office in the enclosed self-addressed

stamped envelope.

Thank you for your cooperation and consideration.

TD/lp

Enclosures

Sincerely.

Thomas Davis

Assistant Attorney General

Environmental Bureau

500 South Second Street

Springfield, Illinois 62706

500 Somh Second Streel, Springfield. Illinois 62706 (217) 782.1090 • TIT: (217)785.2771 • FAX: (217) 782.7046

100 West R:mdoJph Street, Chirago, Illinois 60601 (312) 814.3000 • TIl': (312) 814.33'74 • FA.X: (312) 814.3806

lOtH East Main, Carbondale. Illinois 1)2901 (618) 457.3505 • l1Y: (618) 457.4421 • Jo'AX: (618) 157.5509

- RECEIVED "--,

CLERK'S OFFICE

BEFORE THE ILLINOIS POLLUTION CONTROL BOA

AUG 26 1996

Ci lAMPAIGN COUNTY, ILLINOIS

STATE

ILLINOIS

POLLUTION CONTROL BOARD

PEOPLE OF THE STATE OF ILLINOIS,

Complainant,

VB.

BELL SPORTS, INC., a California

corpt;)ration, and WASTE HAULING

LANDFILL, INC.,

an Illinois corporation,

and Wf:STE HAULING, INC., an

Illinois corl'oration,

Respondents.

)

PCB No. 95.91

NOTICE OF FILING

To:

Mike Wallace

Chief Hearing Officer

Illinois Pollution

Control Board

600 South Second Street

Suite 402

Springfield, Illinois 62704

Mr. Stephen

Willoughby

Willoughby,

Latshaw & Hopkins, P.C.

502 West Prairie Avenue

P,O. Box 1336

Decatur,

Illinois 62525

Greg Richardson

Illinois Environmental Protection Agency

2200 Churchill Road

Springfield, Illinois 62794-9276

Robert M.

Olian

Byron F. Taylor

Sidley & Austin

One First National Plaza

Chicago,

Illinois 60603

PLEASE

TAKE NOTICE that on this 23rd day of August, 1996, I mailed for

filing with the Clerk of the Pollution Control Board of the State of Illinois a copy of the

foi!owing instrument entitled MOTION FOR RELIEF FROM HEARING REQUIREMENT and

STIPULATION AND PROPOSAL FOR SETTLEMENT.

500 South Second Street

Springfield, Illinois 62706

2171782-9031

Dated:

~/z)

Respectfully submitted,

PEOPLE OF THE STATE OF ILLINOIS,

JAMES

E. RYAN

Attorney

General

State

of Illinois

MATTHEW J. DUNN, Chief

Environmental Enforcement Division

--z...-..._~

BY:

- ------===.

------------------~~-

THOMAS DAVIS

Assistant Attorney General

Environmental Bureau

BEFORE THE ILUNOIS POLLUTION CONTROL BOARD

CHAI\~PAIGN

COUNTY, ILLINOIS

PEOPLE OF

THE STATE OF ILLINOIS,

Complainant,

vs.

BELL SPORTS, INC., a California

corporation, and WASTE HAULING

LANDFILL, INC.,

an Illinois corporation,

and WASTE HAULING, INC., an

Illinois corporation,

Respondents.

}

)

}

)

}

)

}

)

}

PCB No. 95-91

MOTION FOR

RELIEF FROM HEARING REQUIREMENT

---

RECEIVED --

CLERK'S OFFICE

AUG

6 1996

STATE OF ILUNOIS

POLL~.~~~~AOL

aOMlO

NOW COMES Complainant, PEOPLE OF THE STATE OF ILLINOIS. by its attorney.

JAMES E. RYAN. Attorney General of the State of Illinois. and pursuant to Section 31(a)(2)

of the Illinois Environmental Protection Act (lithe Act"), 415 ILCS 5/31(a)(2) (1994). moves

that the

Illinois Pollution Control Board (lithe Board") grant the parties in the above-captioned

matter relief from the hearing requirement imposed pursuant to

Section 31 (a)(1) of the Act.

415

ILCS 5/31(a)(1) (1994). In supp.:>rt of this motion, Complainant states as follows:

On March 14, 1996. Complainant filed a complaint with the Board, alleging

violations relating to the Respondent's operation of its Rantoul, Illinois facility.

Since that filing. the parties have reached agreement on all outstanding issues

in this matter.

This agreement is memorialized and presented to the Board in a Stipulation

and Proposal for

Settlement. filed contemporaneously with this motion.

The parties agree a hearing on the Stipulation and Proposal for Settlement is

not necessary, and request

relief kom such a hearing as provided pursuant to Section

31(a)(2)

of the Act. 415 ILCS

5/31(a)(2).

WHEREFORE. Complainant, People of the State of Illinois, hereby respectfully

requests that the Board grant this motion for relief from hearing requirement set forth in

Section 31(a)(1)

of the Act. 415 ILCS

5/31(a)(1).

500 South Second Street

Epringfield, Illinois

62701)

217/782-903-y

/,..

Dated:

f?( 25

,'"1C;

bellmot.wpdflp

Respectfully submitted,

PEOPLE

OF THE STATE OF ILLINOIS,

JAMES

E. RYAN

Attorney General

State of Illinois

MATTHEW J. DUNN, Chief

Environmental Enforcement Division

BY: __

---=l:...........:--=-~..::...=::::::==:-::-:..==_

THOMAS DAVIS, Chief

Environmental Bureau

Assistant Attorney General

,..-----------,=--_.,'---_ ...... _-----------------'

BEFORE THE ILLINOIS POLLUTION CONTROL BOAR

CHAMPAIGN COUNTY, ILLINOIS

PEOPLE OF

THE STATE OF ILLINOIS,

Complainant,

vs.

BELL SPORTS, INC., a California

corporation, and WASTE HAULING

LANDFILL, INC.,

an Illinois corporation,

and WASTE HAULING, !NC. an Illinois

corporation,

Respondents.

)

PCB No. 95-91

STIPULATION AND PROPOSAL FOR SETfLEMENT

CLERI('S

-R"Ec[;JEo--

(.;~FrCE

AUG 2

1996

STA7E OF ILLINOiS

P.7'-LUTION CONTROL BOAHD

Pursuant to 35 III. Adm. Code 103.180, the following stipulation and proposal for

settlement entered into between the complainant, People of the State of Illinois, on behalf of

the Illinois Environmental Protection Agency ("Agency"), and the respondent, Bell Sports, Inc.

("Bell"),

is tendered for approvai by the Illinois Pollution Control Board ("Board"). It is

expressly understood and agreed to by and between

Beil, James E. Ryan, Attorney General

of tile

Sta~e

of Illinois ("Attorney General") and the Agency that the agreements,

stipulation~'

and statements herein contained are not binding en the parties, and shall be deemed null

and void, in the event such approval by the Board is not obtained, or in the event additional

terms or conditions which are unacceptable to the parties are imposed by the Board. This

stipulation and proposal for settlement is made for the purpose of settlement only and putting

an end

t!> litigation, and neither the fact that a party has entered into this stipulation and

proposal for settlement, nor any of the facts stipulated herein. shall be introduced into

evidence or construed as an admission

of fact or law in any other proceedings conducted

before the Board or outside of the jurisdiction of the Board except to enforce the terms hereof

by the parties

to this agreement and as evidence of previously adjudicated violations for

pllrposes

of subsection 42(11) of the Illinois Environmental Prote,-,tion Act (''the ActU), 415

ILCS

5/42(h)

(1994). The agreement shall be null and void unless the Board approves and

dispnses of this matter on each and every one of the terms and conditions of the settlement

set forth herein.

Subject to the foregoing understanding and agreement, it is further agl'eed

as follows:

STIPULATION OF FACTS

On March 14, 1995, the complaint was filed against Bell, Waste Hauling

Landfill

("WHLU) and Waste Hauling on behalf of the State and at the request of the Agency,

pursuant to the Act.

During the times relevant to the complaint, Bell. a Califomia corporation

registered to conduct business in

Illinois, owned and operated a helmet manufacturing plant

in Rantoul, Illinois (lithe Plant").

During the times relevant to the complaint, WHL owned and operated a landfill

located west of Decatur, Illinois jus1

~1011h

of Rockspring Road, approximately two miles west

of Wyckles Road in the northwest quarter of Section 26, Township 16 North, Range 1 East

("the landfill").

The

State alleges that from April 1991 through May 1992, Bell sent shipments

of waste including paint sludge to the landfill. Most of the drl!ms that Bell sent to WHL were

crushed releasing much of the contents.

Additionally, the State alleges that on or about April

9, 1992, certain drums were sent to the landfill, a portion of which was subsequently

determined to be hazardous and contained higher than

allowable levels of methyl ethyl

Itetone and benzene. (Complaint. Count I at paragraphs 11-15).

The State alleges that Bell violated subsection 21 (f)('i) of the Act. 415 ILCS

5/21

(1994). and 35111. Adm. Code 703.121(b) (1993), or failed to obtain a Resource

Conser\lation and Recovery Act ("RCRA") permit for a hazardous

wa~!e

container storage

area at its plant.

(Complaint, Count I at paragraphs 23-31).

In 1994, Bell voluntarily closed the waste storage area at its plant. This

closure was conducted with Agency oversight

and approval.

The State alleges that Bell:

Violated sUbsection 21 (f)(2) of the Act ,415 ILCS

5/21(f)(2)

(1994), and

~'5

III. Adm. Code 724.115(t.r(b)

(1993), or failed to perform routine inspections of its

facility and to prepare written documentation of facility

inspections;

Violated subsection 21 (f)(2) of the Act, 415 ILCS

5/21

(f)(2)

(1994). and 35

III. Adm. Code 724.173(aHb) (1993). or failed to

maintain appropriate operating records and records

hazardoljs waste received for each RCRA unit and the methods

and

d?'Les of hazardous waste disposal for each waste located

at each

R~RA

unit;

Violated subsection 21 (f)(2) of the Act (415 ILCS

5/21

(f)(2)

(1994). and 35

III. Adm. Code 724.212(a){1) (1993). or failed to

have a closure plan for hazardous waste management units;

Violated subsection 21 (f)(2) of the Act, 415 ILCS

5/21

(f)(2)

(1994), and

35 III. Adm. Code 724.242(a) (1993), or failed to

have a written

closure cost estimate; and

Vioiated subsection 21 (f)(2) of the Act, 415 ILCS

5/21

(f)(2)

(1994), and 35

III. Adm. Code 724.243 (1993), or failed to have

financial assurance for its facility. (Complaint, Count II at

paragraphs

30-43).

The State alleges that Bell:

Violated subsection 21(f)(1) of the Act, 415 ILCS

5/21

(f)(1)

(1994),

and 35 Ill. Adm. Code 703.121(a) (1993), or operated an

unpermitted container storage area;

Violated subsection 21(i) of the Act, 415 ILCS

5/21

(i) (1994),

and

35 III. Adm. Code 722.111 (1993) or failed to perform a

hazardous waste determination of its

solid wastes;

Violated subsection 21(i) oftheAct,4151LCS

5/21

(i)

(1994),

and 35

III. Adm. Code 722.112(c) (1993), or shipped hazardous

w3ste to

an unpermitted facility;

Violated subsection 21(i) of the Act, 4151LCS

5/21

(i)

(1994),

and 35

III. Adm. Code 722.120(b) (1992). or failed to indicate a

permitted treatment storage or

disposal facility on a manifest

used for shipment of hazardous waste;

Violated subsection 21(i), 415 ILCS 5/21(i) (1994), and 35 III.

Adm. Code 722.132(b) (1993), or failed to properly mark each

container of hazardous waste;

Violated subsection 21 (f)(2) of the Act, 4151LCS

5/21

(f)(2)

(1994), and

35 III. Adm. Code 724.113(a) (1993), or failed

to perform a detailed chemical and physical analysis

on waste

generated at its facility;

Violated subsection

21 (f)(2) of the Act, 415 ILCS

5/21(f)(2}

(1994), and 35 III. Adm. Code 724.115(d) (1993), or failed to

maintain an inspection log at its facility; and

Violated subsection 21(f)(2)

of the Act, 4151LCS

5/21(f)(2)

(1994), and 35 III. Adm. Code 724.174(a) (1993), or failed to

provide records to Agency personnel (Complaint, Count

III ).

The State alleges that Bell generated and arranged for Waste Hauling to

transport sludge paint waste to the landfill that was subsequently determined to be hazardous

waste

as defined by section 3.15 of the Act. 4151LCS

5/3.15

(1994). (Complaint, Count VII).

10.

The State alleges that Waste Hauling violated 35 III. Adm. Code 723.111 and

723.121(a)(1) (1993), or accepted hazardous waste from

Bell without any signed manifests

accompanying the waste. (Complaint, Count

VII).

11.

Bell denies the State's allegations, but for the purposes of settlement and

compromise

only, has agreed to entry of this stipulation and proposal for settlement. In

addition, Bell denies any violations of the Act and the Illinois Administrative Code (the

"Code") alleged by the State against WHL and Waste Hauling, to the degree that any such

violations might provide a basis for a finding by any agency or court that Bell violated any

provisions

of the Act or the Code (Complaint, Counts IV-VII).

II.

IMPACT ON THE PUBLIC RESULTING FROM NON-COMPLIANCE

Subsection 33(c) of the Act, 415 ILCS 5/33(c) (1994), provides:

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:

the character and degree of injury to, or interference with

the protection of the

health, general welfare and physical

property of the people;

the social and economic value of the pollution source;

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;

the technical practicability and economic reasonableness

of reducing or

eliminating the emissions, discharges or

deposits resulting from such

pollution source; and

any subsequent compliance.

In response to these factors, the parties state as follows:

Bell's above-detailed alleged viol3tions impacted the complainant in that the

shipment

of an unknown quantity of drums containing hazardous waste to the landfill site may

have

resulted in a threat to public health and safety in the immediate vicinity of the landfill

site.

How~ver,

the immediate vicinity is rural and sparsely populated, which minimized these

impacts.

The parties agree that Bell's facility is of economic and social value to the

surrounding community,

Bell's employaes, and the customers of Bell.

The parties agree that Bell's facility is suitable to the area in which it is located,

based upon the presumption that the facility is operated in compliance with the Act.

II.

IMPACT ON THE PUBLIC RESULTING FROM NON-COMPLIANCE

Subsection 33(c) of the Act. 415 ILeS 5/33(c) (1994), provides:

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:

the character and degree of injury to. or interference with

the protection of the health. general welfare and physical

property of the people;

the social and economic value of the pollution source;

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;

the technical practicability and economic reasonableness

of reducing or eliminating the emissions, discharges or

deposits resulting from such

pollution source; and

any subsequent compliance.

In resprynse to these factors, the parties state as follows:

Bell's above-detailed alleged violations impacted the complainant in that the

shipment of

an unknown quantity of drums containing hazardous waste to the landfill site may

have resulted in a threat to

public health and safety in the immediate vicinity of the landfill

site. However, the immediate vicinity is rural and sparsely populated, which minimized these

impacts.

The parties agree that Bell's facility is of economic and social value to the

surrounding community,

Bell's employees, and the customers of Bell.

The parties agree that Bell's facility is suitable to the area in which it is located.

based upon the presumption that the facility

is operated in compliance with the Act.

The parties agree that it will be technically difficult and economically prohibitive

for

Bell to remove all of the drums in question from the landfill.

Bell has taken steps to remedy the above-cited instances of non-compliance

and remove as many drums as possible from the landfill site.

III.

DETERMINATION OF APPROPRIATE CIVIL PENALTY

Subsection 42(h) of the Act, 415 ILeS

5/42(h)

(1994), provides:

In determining the appropriate civil penalty to be imposed under

subdivisions

(a), (b)(1), (b)(2) or (b)(3) of 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:

the duration and gravity of the violation;

the presence or absence of due diligence on the part of

the violator

in attempting to comply with the requirements

of this Act and regulations thereunder or to secure relief

therefrom as provided

by this Act;

any economic benefits accrued by the violator because of

delay

in compliance with requirements;

the amount of monetary penalty which will serve to deter

further violations by the violator and to otherwise aid in

enhancing voluntary

compliance with this Act by the

violator and any other persons similarly subject to the

Act; and

the number, proximity in time, and gravity of previously

adjudicated violations of this Act

by the violator.

In response to these factors, the parties state as follows:

Bell's alleged inadequate hazardous waste determinations contributed to the

improper disposal of hazardous waste at WHL's site. Additionally, allegedly

Bell allowed

hazardous waste to be transported

on Illinois highways without proper labeling. Since there

is always a potential for traffic accidents, the failure to properly label hazardous waste drums

caused a major potential of harm to any person who may Ijave responded to the accident

because that person may

rely on the transportation documents and drum labels that stated

the material was a non-hazardous waste.

In addition, Bell was required to have a ReRA

permit for the hazardous waste management units from at least January 27, 1993. The

dUration

of this violation is at least thirty-five days.

Bell has shown diligence by promptly submitting a closure plan for its waste

storage units, and by agreeing to properly dispose

of the material contained in the roll-off box

since April 1992.

Bell benefitted by approximately $26,500 for improper disposal of hazardous

waste at WHL.

A civil penalty of sixty-nine thousand four hundred and twenty-seven dollars

($69,427.00)

will deter Bell from further violations of this type. Further, this penalty will aid in

the Agency's enforcement

of the Act and the Board's Rules and Regulations as against other

persons similarly subject to the Act.

There are no known adjudicated violations of the Act by the violator.

IV.

COMPLIANCE WITH OTHER LAWS AND REGULA"nONS

This stipulation and proposal for settlement in no way affects the responsibility of the

respondent

to comply with any other federal, state or local regulations, including, but not

limited to, the Act, 415 ILCS

5/1

et seq. (1994), and the Board's Rules and Regulations, 35

III. Adm. Code, Subtitles A through H.

JURISDICTION

The Board has jurisdiction of the subject matter herein and of the parties consenting

hereto pursuant to the Act.

VI.

APPLICABILITY AND AUTHORIZA leON

This stipulation and proposal for settlement shall apply to and be binding upon the

complainant, the Agency I Bell, and the officers, agents, employees, servants, successors and

assigns thereof. The undersigned representatives for each party

c.ertify that they are fully

authorized to enter into the terms and conditions of this stipuiation and proposal for

settlement and

legaliy bind them to it.

VII.

COVERED

MATTERS

This stipulation and proposal for settlement covers all claims asserted in the complaint

filed herein concerning violations of the

Act, 415 ILCS 5/1 et seg. (1994), and the regulations

promulgated thereunder. Covered matters do not include:

Possible Criminal liability;

ii)

Claims based on defendant's failure to meet the requirements of this consent

order;

iii)

Liability for future violation of state, local. federal, and common laws and/or

regulations;

iv)

Private party common law or statutory claims for contribution and/or

response costs arising from the facts stipulated herein; and

Any future liability for natural resource damage or for removal, cleanup, or

remedial action as a result of a release of hazardous sUbstances or the liability

of defendant under section 22.2(f) of the Act, 415

ILCS 5/22.2(f) (1994). or

under the

Comprehensive En:tironmental Response, Compensation and

Liability Act (42 U.S.C. Sections 9401-9675).

VIII.

NO ADMISSIOIIf OF LIABILITY

This stipulation and proposal for settlsment is entered into for the purpose of settling

and compromising disputed claims

with.

'Jt

the expense of contested litigation. By entering

into this stipulation and proposal for settlement

and complying with its terms, Bell and any

successor or assign does not admit any fact, statement, legal conclusion, or past or present

liability or violation of any law or regulation. and this document shall not be interpreted as

including any such admission.

IX.

ENTIRE AGREEMENT

This stipulation and proposal for settlement constitutes the entire understanding of the

parties with respect

to its subject matter.

PROPOSAL FOR SETTLEMENT

Bell shall cease and desist from violations of the Act. 415 ILCS

5/1

seq.

(1994). the Board's rules and

regulations 35 III. Adm. Code Subtitles A through H (1993) and

any

federal laws and regulations except as specifically provided for in this stipulation.

Within forty-five (45) days after the Board's approval of this stipulation and

proposal for settlement, Bell shall pay the State sixty-nine thousand four hundred and twenty-

seven

dollars ($69,427.00).

The payment provided for in paragraph 2 of this section shall be by certified

check or money order payable to the Treasurer of the

State of Illinois, designated for deposit

in the Environmental Protection Trust Fund.

The check shall indicate the name, number of the case,

and Bell's federal employer

identification number

("FEIN") and shall be delivered to:

Environmental Protection Trust Fund

Fiscal Services Division

Illinois Environmental Protection Agency

Post Office Box 19276

Springfield, Illinois 62794-9276

A copy of the payment transmittal should be simultaneously submitted to:

Office of the Attorney General

Environmental Bureau

500 South Second Street

Springfield.

Illinois 62706

For purpose of payment and collection, Bell may be reached through its registered agent

at the following address:

Mr. Howard Allen Kosick

Registered Agent, Bell

Sports, Inc.

Route 136 E

Rantoul.

Illinois 61866

Bell shall properly dispose of the materials contained in the

on~site

rollMoff box

to a facility authorized to accept or dispose

of hazardous wastes within 60 days of receiving

written notice from the

State that access to the roll.off box has been obtained.

Final approval of this stipulation and proposal for settlement and compliance

herewith

shall constitute full accord, satisfaction, and settlement of all civil liability of Bell

arising out of matters addressed in the complaint as specified in Section VII (covered

matters) of this stipulation and proposal for settlement.

In consideration of the payments by Be!! of $69,427.00 and disposal by Bell of

the material

c ... ntained in the on-site roll-off box, the State releases, waives and discharges

Bell from any claims, liabilities, demands, orders or penalties as stated in Section VII

(covered matters) of this stipulation and proposal for settlement. This release from liability

has no effect on parties that are not signatories to the document.

WHEREFORE, the parties, by their representative, request the Board to approve and

adopt the foregoing

stipulation and proposal for settlement.

DATED:

irfr6

DATED:

/t1~,

bellstp7

AH/lbp

Respectfully submitted,

PEOPLE OF THE STATE OF

ILLI:~uIS,

JAMES E. RYAN

TIORNEY GENERAL

TIHEW

DUNN, Chief

E:nvironmental Enforcement Division

BY:

~~ --~

Thomas Davis, Chief

Environmental Bureau

Assistant Attorney

General

ILLINOIS

ENVI~R..

ENTAL PROTECTION

BY: -

...

--~

seph . Svoboda

~eneral

Counsel

Division of Legal Counsel

BELL SPORTS, INC.

By:~hR~

-=--

Neai R DeDecker

General Manager

FEIN

36 '"

zay

CERTIFICATE OF SERVICE

I hereby certify that I did on the 23rd day of August, 1996, 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 SEITLEMENT

To:

Mike Wallace

Chief Hearing Officer

Illinois Pollution Control Board

600 South Second Street

Springfield, Illinois 62704

Mr. Stephen O. Willoughby

Willoughby,

Latshaw

Hopkins, P.C.

502 West Prairie Avenue

P.O. Box 1336

Decatur,

Illinois 62525

Greg Richardson

Illinois Environmental Protection Agency

2200 Churchill Road

Springfield, Illinois 62794-9276

Robert

M. Olian

Byron F. Taylor

Sidley & Austin

One First National Plaza

Chicago,

Illinois 60603

and the original and ten true and correct copies of the same foregoing instruments on the

same date by First Class Mail with postage thereon fully prepaid

To:

Dorothy Gunn,

Clerk

Illinois Pollution

Control Board

State of Illinois Center

100 W. Randolph

Chicago,IL 60601

THOMAS DAVIS

Assistant Attorney General

Environmental Bureau/Springfield

This filing is submitted on recycled paper.