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March 21, 2013

MADIGAN: McHENRY COUNTY COMPANY TO REMAIN CLOSED DURING INVESTIGATION INTO EXPLOSION AND FIRE

Court Orders Thorough Analysis to Determine Cause of March 6 Incident

Chicago — Attorney General Lisa Madigan today announced that a Cary, Ill. aerosol paint manufacturing company will remain closed until the cause of an explosion and fire earlier this month can be determined. The explosion and fire caused injuries to three employees and resulted in the evacuation of the facility.

Madiganís office filed a three-count complaint against Fox Valley Systems and FVMS, Inc. alleging substantial danger to the environment, air pollution, and water pollution hazards resulting from the March 6th explosion and fire at the facility located at 640 Industrial Drive in Cary. Each count seeks the maximum statutory civil penalty of $50,000 per violation and $10,000 for each day the company is in violation. Fox Valley Systems manufactures spray paints for use in marking and striping surfaces.

ďWe must determine what circumstances led to this dangerous event, mitigate any environmental damage and ensure the facility is safe for workers to return,Ē Madigan said.

Also today, the McHenry County Circuit Court entered an agreed order that Madiganís office filed with defendants Fox Valley Systems, Inc. and FVMS, Inc. The agreed order requires the defendants to conduct a complete analysis of events leading up to the explosion, and to present a plan for approval to prevent future incidents, before the facility can re-open. In addition, the defendants must secure the damaged facility to prevent access, ensure that chemicals and other materials remaining at the site are safely removed and provide Madiganís office and the Illinois EPA with the names and quantities of the chemicals released into the air or into sewer drains and the ground surrounding the plant after the incident.

Assistant Attorneys General Nichole Sangha and Gerald Karr are handling the case for Madiganís Environmental Bureau.

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