‘U
    ECEVED
    OFFICE
    OF
    THE
    ATTORNEY
    GENERAL
    CLERK’S
    OFFICE
    STATE
    OF
    ILLINOIS
    OCT
    302809
    Lisa
    Madigan
    STATE
    OF
    ILLINOIS
    ATTORNEY
    GENERAL
    otlution
    Control
    Board
    October
    28,
    2009
    Th
    HonorihI
    ‘roth’
    ‘2unn
    Illinois
    Pollution
    Control
    Board
    James
    R.
    Thompson
    Center,
    Ste.
    11-500
    100
    West
    Randolph
    Chicago,
    Illinois
    60601
    Re:
    People
    v.
    Chippewa
    Loft,
    LLC
    PCB
    07-68
    Dear
    Clerk
    Gunn:
    Enclosed
    for
    filing
    please
    find
    the
    original
    and
    ten
    copies
    of a
    Notice
    of
    Filing,
    Stipulation
    and Proposal
    for
    Settlement
    and
    Motion
    for
    Relief
    from
    Hearing
    Requirement
    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,
    Thomas
    Davis,
    Chief
    Environmental
    Bureau
    500
    South
    Second
    Street
    Springfield,
    Illinois
    62706
    (217)
    782-9031
    TD!pjk
    Enclosures
    500
    South
    Second
    Street,
    Springfield,
    Illinois
    62706
    o (217)
    782-1090
    TTY:
    (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
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    BEFORE
    THE
    ILLINOIS
    POLLUTION
    CONTROL
    BOARD
    PEOPLE
    OF THE
    STATE
    OF
    )
    ILLINOIS,
    Complainant,
    vs.
    )
    PCB
    No. 07-68
    (Enforcement-Air)
    CHIPPEWA
    LOFT,
    LLC,
    a
    Missouri
    )
    corporation,
    )
    Respondent.
    )
    NOTICE
    OF
    FILING
    ocr3o2O
    9
    oFLUOS
    To:
    Harjot
    S.
    Padda
    STP
    Contro’
    Board
    Padda,
    Benner
    & Benner
    LLC
    pobu
    3915
    Brannon
    Avenue
    St.
    Louis, MO
    63109
    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
    STIPULATION
    AND
    PROPOSAL
    FOR
    SETTLEMENT
    and
    MOTION
    FOR
    RELIEF FROM
    HEARING
    REQUIREMENT,
    copies
    of
    which
    are attached
    hereto
    and
    herewith
    served
    upon
    you.
    Respectfully
    submitted,
    PEOPLE
    OF THE STATE
    OF
    ILLINOIS
    LISA
    MADIGAN,
    Attorney
    General
    of
    the
    State
    of
    Illinois
    MATTHEW
    J.
    DUNN,
    Chief
    Environmental
    Enforcement/Asbestos
    Litigation
    Division
    BY:_____________________
    THOMAS
    DAVIS, Chief
    Assistant
    Attorney
    General
    Environmental
    Bureau
    500
    South Second
    Street
    Springfield,
    Illinois 62706
    217/782-9031
    Dated:
    October
    28,
    2009

    CERTIFICATE
    OF
    SERVICE
    I hereby
    certify
    that
    I did
    on
    October
    28,
    2009,
    send
    by
    U.S.
    mail,
    first
    class
    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,
    STIPULATION
    AND
    PROPOSAL
    FOR
    SETTLEMENT
    and
    MOTION
    FOR
    RELIEF
    FROM
    HEARING
    REQUIREMENT
    To:
    Harjot
    S.
    Padda
    Padda,
    Benner
    &
    Benner
    LLC
    3915
    Brannon
    Avenue
    St.
    Lous,MO
    63109
    and
    the
    original
    and
    ten
    copies
    of 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
    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
    Thomas
    Davis,
    Chief
    Assistant
    Attorney
    General
    This
    filing
    is submitted
    on
    recycled
    paper.

    BEFORE
    THE ILLINOIS
    POLLUTION CONTROL
    BOARD
    PEOPLE
    OF
    THE
    STATE
    OF
    ILLINOIS,
    )
    Complainant,
    vs.
    )
    PCB
    No. 07-68
    (Enforcement-Air)
    CHIPPEWA
    LOFT,
    LLC, a
    Missouri
    )
    corporation,
    OCI
    2009
    Respondent.
    )
    sThd
    MOTION
    FOR
    RELiEF
    FROM
    HEAkNG
    REQbgREMENi
    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)
    (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
    5131(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)
    oftheAct,
    415 ILCS 5!31(c)(1) (2008).
    Respectfully submitted,
    PEOPLE
    OF THE STATE OF
    ILLINOIS
    LISA
    MADIGAN
    ATTORNEY
    GENERAL
    MATTHEWJ.
    DUNN, Chief
    Environmental
    Enforcement/Asbestos
    Litigation
    Division
    BY:_____________________
    THOMAS
    DAVIS, Chief
    Environmental Bureau
    Assistant
    Attorney
    General
    500
    South Second
    Street
    Springfield, Illinois
    62706
    217/782-9031
    Dated: October
    28, 2009
    2

    BEFORE
    THE
    ILLINOIS
    POLLUTION
    CONTROL
    BOARD
    PEOPLE OF THE
    STATE OF
    ILLINOIS,
    )
    )
    Complainant,
    )
    v.
    )
    PCB
    NO. 07-68
    )
    (Enforcement
    - Air?
    )
    CHIPPEWA
    LOFT, LLC,
    a Missouri
    )
    Corporation
    )
    CorX0
    )
    Respondent.
    )
    STIPULATION
    AND
    PROPOSAL
    FOR SETTLEMENT
    Complainant,
    PEOPLE
    OF THE
    STATE OF ILLINOIS,
    by LISA
    MADIGAN, Attorney
    General
    of the State of Illinois,
    the
    Illinois
    Environmental
    Protection Agency
    (“Illinois EPA”),
    and
    CHIPPEWA LOFT,
    LLC (“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.
    On
    January
    22,
    2007, a
    Complaint was filed
    on behalf of the
    People of the State
    of Illinois
    by Lisa Madigan, Attorney
    General of the
    State of Illinois,
    on her own motion
    and

    upon the request of the Illinois EPA, pursuant to Section
    31 of the Act, 415 ILCS
    5/31(2006),
    against the Respondent.
    2.
    The Illinois EPA is
    an
    administrative
    agency Of the State of Illinois, created
    pursuant to Section 4 of the Act,
    415
    ILCS 5/4 (2006).
    3.
    At all times relevant
    to the Complaint, Respondent was and is a Missouri
    limited
    liability company that has not filed a certificate of authority to transact business
    in
    the
    State
    of
    Illinois. At all times relevant to the Complaint, Respondent owned property
    located at 113 East
    Clay Street; Coiiinsviile, Madison County IllinOis, which contaiiis a building formerly
    kiiownas
    the Collinsville Herald
    Building
    (“facility”).
    4.
    On or before March
    9,
    2005, the Respondent commenced renovation
    activities
    within
    the Collinsville
    Herald
    Building,
    including the removal
    of
    approximately
    3,700 square
    feet of asbestos-containing floor tile.
    5.
    As of March
    9,
    2005, the Respondent had not filed a written notification of
    its
    renovation project with the Illinois EPA.
    6.
    On
    March 10, 2005,
    the
    Illinois EPA inspected the facility
    and
    observed
    a
    substantial amount of
    debris
    within, and on the
    ground adjacent to, two
    open dumpsters in the
    rear
    of
    the facility. The debris had been subjected to mechanical chipping and was crushed, dry,
    and
    friable waste
    material suspected
    to
    contain asbestos; subsequent analysis
    of
    five samples
    revealed
    asbestos
    in a range of six to twelve percent.
    7.
    The
    floor tile in Respondent’s facility was classified as Category I nonfriable
    asbestos
    containing material (“ACM”) that was
    subjected
    to
    grinding, cutting,
    and/or abrading,
    and
    therefore subject
    to the asbestos NESHAP work practices and other requirements as
    regulated
    asbestos containing material (“RACM”).
    2

    8.
    The Respondent failed to
    pay
    its statutory fee and file its notice of intent to
    renovate
    or demolish.
    B.
    Allegations of Non-Compliance
    Complainant
    contends that the Respondent has violated the
    following provisions of
    the
    Act
    and Board regulations:
    Count I:
    Violations of the National Emissions Standards for Asbestos
    The Respondent did not provide written notification to the
    Illinois
    EPA
    prior to commencement of renovation activities at the facility,
    thereby
    atig D CFR 6 .i45b)(1) ad Section 9J(d)of
    the Act, 415
    ILCS
    5/9.1(d) (2006).
    The Respondent failed to adequately wet and keep wet,
    collect, contain
    and deposit as soon as practicable all RACM
    and asbestos-containing
    waste materials generated
    during
    the removal at a site
    permitted
    to accept
    such waste, and thereby violated 40 CFR 61.1 45(c)(6)
    and 61.1 50(b)(1)
    and Section 9.1(d) of the Act,
    415 ILCS 5/9.1(d) (2006).
    Count II:
    Air Pollution Violations
    By failing to adequately
    wet
    and
    keep wet all RACM removed during
    renovation activities until collected and contained
    in leak-tight wrapping
    in preparation for disposal, to
    utilize equipment or methods
    to
    properly
    control emission of asbestos, and to deposit as
    soon as practicable all
    RACM at a site permitted to
    accept such waste, the Respondent has
    threatened the emission of contaminants into the
    environment so as to tend
    to cause air pollution and thereby
    violated Section 9(a) of the
    Act,
    415
    ILCS
    5/9(a) (2006),
    and Section 201.141 of the
    Board’s Air Pollution
    Regulations,
    35
    Ill. Adm. Code 201.141
    (2005).
    Count III:
    Nonpayment of
    Statutorily Required Fees
    The
    Respondent
    did not pay the statutorily
    required notification fee, and
    thereby
    violated
    Section 9.13 of the Act,
    415
    ILCS
    5/9.13 (2006).
    C.
    Admission of Violations
    The
    Respondent admits to the violation(s)
    alleged
    in the Complaint filed in this matter
    and
    referenced within Section
    I.B
    herein.
    3

    B.
    Compliance Activities
    to Date
    On
    September 23,
    2005, the Respondent submitted the required asbestos notification
    for
    the
    clean-up
    of
    1,600 square feet of RACM, 400 square feet
    of
    nonfriable material, and 10
    linear
    feet of thermal insulation and
    paid the required fee. The site was fully remediated on October
    18,
    2005.
    There
    are no further ongoing violations at
    the
    site.
    IL APPLICABILITY
    This Stipulation shall
    apply to and be binding upon the Parties to the Stipulation, and any
    officer, direetor; agent; or employee
    of th&Rspoiide±it, as well as any uccessors Or asi’gñs of
    the Respondent. The Respondent shall
    not
    raise
    as
    a defense to any enforcement action taken
    pursuant
    to
    this Stipulation
    the failure of any of its officers, directors, agents, employees or
    successors
    or assigns to take such action
    as
    shall be required to comply with the provisions of
    this Stipulation. This Stipulation may
    be
    used against
    the
    Respondent in any subsequent
    enforcement action or permit
    proceeding as proof of
    a
    past
    adjudication of violation of the Act
    and
    the Board Regulations
    for all violations alleged in the
    Complaint
    in
    this matter, for purposes
    of Sections 39 and 42 of the Act, 415 ILCS 5/39 and 42 (2006).
    III. IMPACT ON THE PUBLIC RESULTING FROM ALLEGED
    NON-COMPLIANCE
    Section 33(c) of the Act, 415 ILCS 5/33(c)(2006), provides as follows:
    In making its orders and determinations,
    the
    Board shall take
    into consideration
    all
    the facts and circumstances bearing upon the
    reasonableness of the emissions,
    discharges,
    or
    deposits
    involved
    including, but
    not limited to:
    1.
    the character and degree of injury to, or
    interference with the protection of
    the health, general welfare and physical property of the
    people;
    2.
    the social
    and
    economic value of the pollution source;
    3.
    the suitability or unsuitability of the pollution source to
    the
    area in
    which
    it is located, including the question of priority of location in the area
    involved;
    4

    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.
    In response
    to these factors, the Parties
    to the Stipulation state the following:
    1.
    Human health of the workers and handlers of the
    ACM
    was
    threatened
    and the
    Illinois EPA’s information gathering responsibilities hindered
    by the
    Respondent’s
    violations.
    2.
    There is social and economic benefit to proper removal of ACM
    from the
    Collinsville
    Herald Building.
    3.
    The suitability of asbestos removal at this location
    is
    not an issue
    in
    this
    matter.
    4.
    Providing notice to the Illinois EPA
    prior to renovation is both technically
    practicable and
    economically reasonable. In
    addition, it is both technically practicable and
    economically reasonable
    to
    properly
    remove,
    handle and dispose of ACM prior to renovation
    of
    the facility.
    5.
    Respondent has
    subsequently
    complied with the Act and the Board Regulations.
    IV.
    CONSIDERATION OF SECTION
    42(h) FACTORS
    Section 42(h) of
    the Act, 415 ILCS 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;
    5

    3.
    any economic
    benefits accrued by the
    respondent because of delay in
    compliance
    with requirements, in which
    case
    the
    economic benefits
    shall
    be determined
    by
    the lowest cost alternative for achieving
    compliance;
    4.
    the amount of monetary penalty which will serve to deter
    further
    violations
    by
    the respondent and to otherwise aid in enhancing voluntary
    compliance with
    this Act by
    the respondent and other persons similarly
    subject
    to the Act;
    5.
    the number, proximity in time, and gravity of previously
    adjudicated
    violations of this Act
    by
    the respondent;
    6.
    whether the respondent voluntarily self-disclosed, in accordance with
    subsection i of this Section, the non-compliance to the
    Agency;
    and
    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.
    During the renovation activities at the facility, a significant amount of RACM was
    disturbed thereby potentially
    exposing
    the workers and, as the material was improperly handled
    and disposed of, the public to carcinogenic asbestos
    fibers. The dumpster containing RACM was
    also
    improperly removed and disposed of. Further,
    the Plaintiff alleges there was significant
    delay in addressing the violations.
    2.
    The Respondent did not act diligently to ensure that the
    requirements
    of
    the
    NESHAP for asbestos were met prior to and during
    renovation activities. It failed to promptly
    remediate the violations and did not adequately clean up
    the contamination until October, 2005,
    approximately seven
    months after being notified of its violations.
    Despite guidance
    from the
    Illinois EPA, the Respondent allowed a
    dumpster containing RACM to be improperly
    removed.
    6

    3.
    The
    Respondent’s economic
    benefit from alleged
    noncompliance
    was
    likely
    nominal
    and the Parties to
    the
    Stipulation believe
    that
    the penalty
    obtained includes
    any such
    economic benefit.
    4.
    Complainant
    and the Illinois
    EPA have determined,
    based upon
    the specific
    facts
    of this
    matter,
    that
    the agreed upon civil
    penalty will
    serve to deter further
    violations
    and
    aid
    in
    future
    voluntary compliance
    with
    the Act and Board
    regulations.
    5.
    To Complainant’s knowledge,
    Respondent
    has no
    previously
    adjudicated
    ii
    6.
    Self-disclosure
    is not
    at
    issue
    in this matter.
    7.
    The settlement
    of this matter
    includes the Respondent’s
    participation
    in a
    supplemental
    environmental project
    (“SEP”).
    Project
    Name:
    City of Collinsville
    Disinfection Upgrade
    Type of
    Project:
    Pollution Prevention and
    Resource
    Efficiency
    Estimated
    Cost:
    $124,000.00
    Project
    Details:
    The
    SEP is an upgrade
    to
    the City
    of Collinsville’s
    water
    disinfection
    system.
    The
    current
    system was installed
    in 1993 and
    unable
    to keep up with
    the City’s
    needs.
    The
    disinfection
    equipment
    will
    include
    piping hookups,
    transportation
    of the
    plumbing,
    and the disinfection
    units.
    It will require new
    MIOX
    RIO
    M2,
    a new dual
    water softener, and
    a new
    1,090-gallon
    mixed
    oxidant
    storage tank.
    The project was
    approved
    by
    the Collinsville
    City
    Council
    on October 14,
    2008.
    The
    project will be
    complete as
    of
    the date
    of the filing of this
    Stipulation.
    The
    disinfection system
    project
    area includes the City
    of
    Collinsville
    city limits,
    state
    park area
    north of route
    40, and rural
    Collinsville
    to the east of the
    city
    proper
    in Madison County,
    Collinsville Township.
    A
    preliminary
    sketch of the
    disinfection
    system is
    attached
    as
    Exhibit
    A.
    7

    ‘7.
    TERMS
    OF
    SETTLEMENT
    A.
    Penalty
    Payment
    The
    Respondent shall
    pay a civil penalty
    in the
    sum
    of
    Thirty
    Three Thousand
    Dollars
    ($33,000.00).
    The Respondent shall
    make three
    equal payments of
    $11,000.00.
    The
    payments
    shall
    be made as follows:
    Payment
    Number
    1:
    $11,000
    within
    thirty
    days
    of Board approval.
    Payment
    Number 2: $1 1.000
    within sixty
    days of Board approval.
    Payment
    Number 3:
    $11,000
    ninety days
    of Board
    approval.
    B.
    Stipulated Penalties,
    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.
    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:
    8

    Illinois
    Environmental Protection Agency
    Fiscal Services
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield,
    IL 62794-9276
    The
    name, case
    number and the Respondent’s
    federal
    tax identification number shall appear
    on
    the face of the certified check
    or money order. A copy of the certified
    check
    or
    money
    order
    and
    any transmittal letter
    shall be sent to:
    Environmental Bureau
    ;::A• COfi
    500 South Second
    Street
    Springfield, Illinois 62706
    D.
    Future Compliance
    1.
    Tn 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 st
    Respondent 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 the
    Attorney General, her employees and
    representatives,
    may take photographs,
    samples, and
    collect
    information,
    as they deem necessary.
    2.
    This Stipulation in no way
    affects the responsibilities of the Respondent to
    comply
    with any other federal, state or local laws or regulations, including but not
    limited to the
    Act and
    the
    Board
    Regulations.
    3.
    The
    Respondent shall cease and desist from future violations of the Act and Board
    Regulations that were the subject matter of the Complaint.
    9

    E.
    Supplemental Environmental
    Project
    1.
    fri
    order to promote the goals
    of
    the
    Act to restore,
    protect
    and
    enhance the
    quality
    of the environment,
    the Respondent shall
    perform the following
    supplemental
    environmental
    project (“SEP
    11
    ). The settlement
    value
    of the SEP is Twelve Thousand Dollars ($12,000.00)
    and
    will offset penalties
    sought
    by
    the Complainant
    and the Illinois EPA in this
    matter. The
    Parties
    to the Stipulation agree that this SEP
    shall consist of the following:
    An upgrade of the water
    disinfection
    system for the City of Collinsville.
    2.
    The Respondent
    shall pay the amóünt of Twelve Thousand Dollars ($12,000.00)
    within
    thirty (30) days after the date of
    entry of this Stipulation to fund the
    City
    of
    Collinsville
    Disinfection Upgrade.
    The upgrade system will consist of new disinfection equipment, including
    piping
    hookups, plumbing, and the disinfection
    units. In
    addition, it will require new MIOX
    RIO
    M2, a new dual water softener, and
    a new 1,090-gallon mixed
    oxidant storage tank. The
    project
    will complete as of the date
    of the filing of this Stipulation. The payment shall
    be
    paid
    by
    certified check
    or
    money order
    made
    payable to The City of Collinsville. The
    certified
    check or
    money order shall be
    sent
    by first class mail to:
    Bob Frank, Director
    Water
    Department
    125 South
    Center Street
    Collinsville, Illinois 62234
    A copy of the check and the
    transmittal
    letter shall be sent to:
    Environmental
    Bureau
    Illinois Attorney General’s Office
    500 South Second Street
    Springfield, Illinois 62706
    3.
    By signature on this Stipulation, the Respondent certifies
    that,
    as of the
    date of
    entry of
    this Order, it is not required to perform or develop the foregoing SEP
    by
    any federal,
    10

    state
    or local
    law or regulation,
    nor
    is it required
    to perform
    or develop
    the SEP by
    agreement
    or
    injunctive
    relief in any
    other
    case.
    The Respondent
    further certifies
    that it has not
    received,
    and
    is not presently
    negotiating
    to
    receive credit
    for, the SEP in
    any
    other enforcement
    action.
    4.
    Any
    public
    statement,
    oral or written,
    in
    print, film
    or
    other
    media,
    made by
    the
    Respondent making
    reference
    to
    any SEP shall
    include
    the
    following
    language: “This project
    was
    undertaken
    in connection
    with
    the
    settlement
    of
    an enforcement
    action taken by the
    Illinois
    Attorney
    General
    and the Illinois
    EPA for alleged
    violations
    of the Illinois
    Environmental
    J
    F.
    Release from
    Liability
    In consideration
    of the
    Respondent’s payment
    of the
    $33,000.00
    civil penalty,
    its
    commitment to cease
    and desist
    as contained in
    Section V.D: above,
    its performance
    of the
    SEP
    as contained in Section
    V.E. 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 Complainant’s
    Complaint
    filed
    on January
    22, 2007. 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
    11

    d.
    liability
    or claims based on the Respondent’s failure to
    satisfy
    the
    requirements
    of this Stipulation.
    Nothing
    in this Stipulation is intended as a
    waiver,
    discharge, release, or covenant not
    to
    sue
    for any claim or cause of action, administrative or judicial, civil or criminal, past or future,
    in
    law or
    in
    equity,
    which
    the State of Illinois 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.
    G.
    Enforcement and
    Modification of
    Stipulation
    1.
    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.
    H.
    Execution of Stipulation
    The undersigned representatives
    for each
    Party 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

    authorized
    by the
    party
    whom
    they
    represent
    to enter
    into
    the terms
    and
    conditions
    of
    this
    Stipulation
    and to
    legally
    bind
    them to
    it.
    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,
    FOR
    THE
    ILLINOIS
    ENVIRONMENTAL
    PROTECTION
    AGENCY
    LISA
    MADIGAN
    ALtoriey
    (Jeefai
    State
    of
    Illinois
    DOUGLAS
    P. SCOTT,
    Director
    Illinois
    Environmental
    Protection
    Agency
    MATTHEW
    J.
    DUNN,
    Chief
    Environmental
    Enforcement!
    Asbestos
    Litigation
    Division
    BY:
    BY:
    THOMAS
    DAVIS,
    Chief
    Environmental
    Bureau
    ief Legal
    Counsel
    Assistant
    Attorney
    General
    DATE:
    /
    7/o
    DATE:
    CHIPPEWA
    LOFT,
    LLC
    BY:
    Name:______________________
    Title:________________________
    DATE:______________
    13

    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,
    FOR
    THE
    ILLINOIS
    ENViRONMENTAL
    PROTECTION
    AGENCY
    LISA
    MADIGAN
    Attorney
    General
    State
    of
    Illinois
    DOUGLAS
    P.
    SCOTT,
    Director
    Illinois
    Environmental
    Protection
    Agency
    MATTHEW
    J.
    DUISJN,
    Chief
    Asbestos
    Litigation
    Division
    BY:
    BY:
    THOMAS
    DAVIS,
    Chief
    ROBERT
    A.
    MESSINA
    Environmental Bureau
    Chief
    Legal
    Counsel
    Assistant
    Attorney
    General
    DATE:________________
    DATE:
    WPEW
    Name:
    vjiv
    ,-241
    (Please
    print)
    Title:
    DATE:_____________________
    14

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