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R2015-103 APPROVING A CONSENT ORDER TO SETTLE ALL CLAIMS IN A CITIZENS' COMPLAINT
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R2015-103 APPROVING A CONSENT ORDER TO SETTLE ALL CLAIMS IN A CITIZENS' COMPLAINT
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9/30/2015 9:09:17 AM
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9/30/2015 9:09:15 AM
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Resolution/Ordinance
Res Ord Num
R2015-103
Res Ord Title
APPROVING A CONSENT ORDER TO SETTLE ALL CLAIMS IN A CITIZENS' COMPLAINT FILED WITH THE ILLINOIS POLLUTION CONTROL BOARD BY THE CITY AND OTHER UNITS OF LOCAL GOVERNMENT AGAINST CLINTON LANDFILL, INC.
Department
Legal
Approved Date
9/8/2015
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and/or fines for the violations of the Act or in nuisance, respectively, that were the subject matter <br /> of the Complaints or are otherwise addressed herein. The release set forth above does not extend <br /> to any matters other than those expressly specified in the Complaints filed on the same date as <br /> entry of this Consent Order, or in this Consent Order. The State and the Local Governmental <br /> Plaintiffs reserve, and this Consent Order is without prejudice to, all rights of the State of Illinois <br /> and the Local Governmental Plaintiffs against CLI with respect to all matters not expressly <br /> addressed herein, including but not limited to the following: <br /> a. criminalliability; <br /> b. liability for future violations; <br /> c. liability for natural resources damage arising out of the alleged violations; and <br /> d. CLI's failure to satisfy the requirements of this Consent Order. <br /> Nothing in this Consent Order is intended as a waiver, discharge, release, or covenant not to sue <br /> for any claim or cause of action, administrative or judicial, civil or criminal,past or future, in law <br /> or in equity, which the State of Illinois or the Local Governmental Plaintiffs may have against <br /> any person, as defined by Section 3.315 of the Act, 415 ILCS 5/3.315, other than CLI. <br /> H. Execution and Entry of Consent Order <br /> This Order shall become effective only when executed by all Parties to the Consent Order <br /> and the Court. This Order may be executed by the parties in one or more counterparts, all of <br /> which taken together shall constitute one and the same instrument. The undersigned <br /> representatives for each party certify that they are fully authorized by the party whom they <br /> represent to enter into the terms and conditions of this Consent Order and to legally bind them to <br /> it. <br /> 15 <br />
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