OFFICE OF THE ATFORNEY GENERAL
STATE
OF ILLINOIS
Nov 2
‘2
Pojjj4
The Honorable
Dorothy Gunn
Illinois
Pollution
Control
Board
James
R.
Thompson Center,
Ste.
11-500
100 West Randolph
Chicago,
Illinois 60601
November 16,
2005
Re:
People
v.
Barry Hayden,
d/bfa Hayden Properties
Dear Clerk Gunn:
PCB No. 05-214
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
of the documents to our
office
in the enclosed,
self-addressed envelope.
Very truly yours
Thomas
Davis,
Chief
Environmental
Bureau
500
South Second Street
Springfield,
Illinois 62706
(217) 782-9031
500 South
Second Street,
Springfield, Illinois
62706
•
(217)
7821090
•
TTY:
(217) 785-2771
•
Fax:
(217) 782-7046
100 West Randolph
Street, Chicago,
Illinois
60601
•
(312)
814-3000
•
TTY:
(312) 814-3374
•
Fax: (312) 814-3806
1001
East Main, Carhondale, Illinois
62901
•
(618) 529-6400
•
TTY: (618) 529-6403
•
Eax:
(618) 529-6416
Lisa Madigan
AITORNEY GENERAL
Thank you
for your cooperation
and
consideration
TD/pp
Enclosures
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL BOARD
PEOPLE OF THE STATE
OF
,
)
ILLINOIS,
)
Complainant,
)
Sr
2 /2o~
op,
vs.
)
PCB
No.
05-214
(Enforcement)
BARRY HAYDEN,
dibla
HAYDEN PROPERTIES,
Respondent.
NOTICE OF FILING
To:
Mr.
Barry
Hayden
Hayden
Properties
122
Lincoln
Place
Court
Suite 202
Belleville,
IL 62221
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, a copy of which is 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:
November
16,
2005
1
CERTIFICATE OF SERVICE
I
hereby certify that
I did
on
November 16, 2005,
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:
Mr.
Barry Hayden
Hayden
Properties
122
Lincoln
Place Court
Suite
202
Belleville,
IL 62221
and
the original
and ten copies by
First
Class Mail with
postage thereon fully prepaid of the
same
foregoing instrument(s):
To:
Dorothy Gunn, 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 CONTROLBOARD
PEOPLE OF THE STATE OF
)
ILLINOIS,
)
i/op
Complainant,
)
vs.
)
PCB
No. 05-214
(Enforcement)
BARRY HAYDEN,
dlbla
HAYDEN PROPERTIES,
Respondent.
MOTION
FOR
RELIEF FROM
HEARING
REQUIREMENT
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)
(2004), 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 5/31(c)(1)
(2004).
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)
(2004).
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)
(2004).
Respectfully
submitted,
PEOPLE
OF THE
STATE OF ILLINOIS
LISA
MADIGAN
ATTORNEY
GENERAL
MATTHEW
J. 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:
November
16,
2005
2
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
Complainant,
)
Nov27
005
aG~7
On
‘-L1AJ0,
PCB 05-214
fltr0j9
V.
(Enforcement
—
Water)
Barry
Hayden d/b/a Hayden
Properties,
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 Barry
Hayden d/b/a Hayden Properties
(“Respondent”),
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.
The parties agree that
the
statement of
facts contained herein represents
a fair summary of
the evidence and testimony which would be
introduced by the
parties
if
a hearing were held.
The parties further stipulate
that this statement of
facts
is made and agreed upon for purposes
of settlement only and that neither the fact that
a party has
entered into this Stipulation, nor any of the facts stipulated
1
herein,
shall be introduced into evidence
in any other proceeding
regarding the claims asserted in the Complaint except
as
otherwise provided herein.
If the Board approves and enters this
Stipulation,
Respondent agrees
to be bound by the Stipulation and
Board Order and not
to contest their validity in any subsequent
proceeding to implement or enforce their terms.
I. JURISDICTION
The Board has jurisdiction of the subject matter herein and
of the parties consenting hereto pursuant to the Illinois
Environmental Protection Act
(“Act”)
/
415 ILCS 5/1
et
seq.
(2004)
II
.AUTHORIZATION
The undersigned representatives for each party 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.
2
III.STATEMENT
OF
FACTS
A.
Parties
1.
On June
14,
2005,
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
(2004), 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
(2004)
3.
At all times relevant to the Complaint,
Respondent was
and is
a developer doing business as
“Hayden Properties.”
B.
Site
Description
1.
In or about September 2003,
the Respondent commenced
construction of homes
in the Cedar Creek Subdivision near State
route 158 and Biehi Road
in
St.
Clair County,
Illinois(”site”)
2.
Barry Hayden had not obtained coverage under the
State’s general storm water NPDES permit.
3.
On March
11,
2004,
the Illinois EPA inspected the site.
Five homes were under construction on
a site of less than
5 acres
and there were no adequate erosion controls
in place.
3
4.
On March
18,
2004,
the Respondent submitted
a notice
of
intent for coverage under the State’s general storm water NPDES
permit
to the Illinois EPA,
which granted authorization on April
19,
2004.
In July 2005,
Illinois EPA performed a follow-up
investigation of the site.
Sedimentation from runoff was on the
street and entering the creek running through the development.
5.
On August
1,
2005,
St.
Clair County Soil
& Water
Conservation District performed a follow up investigation at the
site.
The documentation required to be on site was not
available.
Silt fences had been installed on individual
lots
under construction,
Vacant lots and in drainage swales or
channels.
Rip rap had been delivered and was being installed in
the main drainage channel from where
it begins to where
it exits
the site.
C.
Allegations
of Non-Compliance
Complainant contends that the Respondent has violated the
following provisions of the Act and Board regulations:
Count
I:
Section
12(a)
of the Act,
415 ILCS 5/12(a)
(2004)
Count
II:
Section
12(f)
of the Act,
415 ILCS 5/12(f)
(2004),
and 35
Iii.
Adxn. Code 309.102 (a).
4
D.
Admission of Violations
The Respondent admits to the violations alleged
in the
Complaint filed
in this matter and referenced within Section
III.C herein.
E.
Compliance Activities to Date
1.
On August
1,
2005,
St. Clair County Soil
&
Water
Conservation District performed
a follow up investigation at the
site.
2.
Silt
fences had been installed on individual
lots under
construction,
vacant lots and in drainage swales or channels.
Additional measures,
including straw bale dikes are planned
in
the areas of concentrated flow.
3.
Rip rap had been delivered and was being installed in
the main drainage channel from where
it begins
to where
it exits
the site.
The rip rap structures at the storm sewer outfalls
are
planned to be improved and a rip rap check dam will be installed
at the end of Augies Way.
5
IV. APPLICABILITY
This
Stipulation
shall
apply
to
and
be
binding
upon
the
Complainant and the Respondent,
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.
1.
No
change
in
ownership,
corporate
status
or
operator
of
the
facility shall in any way alter the responsibilities of the
Respondent under this Stipulation and Proposal
for Settlement.
In the event of any conveyance of
title, easement or other
interest
in a parcel,
the Respondent
shall continue to be bound
by
and
remain
liable
for
performance
of
all
obligations
under
this Stipulation until construction
is completed and the parcel
is stabilized
for stormwater tunoff.
2.
The Respondent
shall notify each contractor to be retained
to perform work required by any Order accepting and adopting the
terms of this Stipulation of each of the requirements
of said
6
Order 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 and any
Order accepting and adopting the terms of this Stipulation to
each contractor already retained no later than 30 days after the
date of adoption 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 any Order accepting and adopting the terms
of this Stipulation.
V.COMPLIANCE WITH OTHER LAWS AND REGULATIONS
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,
35
Ill.
Adm.
Code,
Subtitles A through
H.
VI.IMPACT ON THE PUBLIC RESULTING FROM ALLEGED NON-COMPLIANCE
Section
33 (c)
of the Act,
415 ILCS
5/33 (c) (2004)
,
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
7
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.
In response to these factors,
the parties state
the
following:
1.
The environment was threatened by not implementing
stormwater pollution control measures.
2.
There
is social and economic benefit
to the site.
3.
Construction
at the site
is suitable for the area in
which it occurred.
4.
Obtaining
a
permit
prior
to
construction
at
the
site
and compliance with its terms
is both technically practicable and
economically reasonable.
S
5.
Respondent moved towards subsequently complying with
the Act and the Board Regulations.
VII.CONSIDERhTION OF SECTION 42(h)
FACTORS
Section 42 (h)
of the Act,
415
ILCS 5/42 (h) (2004)
,
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;
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
9
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 state as
follows:
1.
The Respondent failed to obtain an NPDES permit for
construction at the site prior to beginning construction.
The
violations began on or around March
11,
2004.
The Respondent
received an NPDES permit
from Illinois EPA on April
19,
2004.
The remaining violations are in the process of being resolved.
2.
Respondent was diligent
in obtaining an NPDES permit,
once the Illinois EPA notified
it of its noncompliance.
The
Respondent has recently been diligent in installing stormwater
pollution prevention measures to reduce silt and sediment runoff.
3.
Economic benefits were accrued by the Respondent
because of delay in compliance with requirements including
installing silt
fences,
bales of
hay,
and rip rap.
4.
Complainant has determined, based upon the specific
facts
of this matter,
that
a penalty of Three Thousand Five
Hundred Dollars
($3,500.00) will serve to deter’further
violations and aid in future voluntary compliance with the Act
and Board regulations.
10
5.
To Complainant’s knowledge,
Respondent
has no
previously adjudicated violations
of the Act
6.
Self-disclosure
is
not
at
issue
in
this
matter
7.
The
settlement
of
this
matter
does
not
include
a
supplemental environmental project.
VIII.TERMS OF SETTLEMENT
A.
Penalty Payment
1.
The Respondent shall pay a civil penalty in the sum of
Three Thousand Five Hundred Dollars
($3,500.00) within thirty
(30)
days from the date the Board adopts and accepts this
Stipulation.
The Respondent stipulates
that payment has been
tendered to Respondent’s attorney of record in this matter in
a
form acceptable to that attorney.
Further,
Respondent stipulates
that said attorney has been directed to make the penalty payment
on behalf of Respondent, within thirty
(30)
days from the date
the Board adopts and accepts this Stipulation,
in a manner
prescribed below.
The penalty described in this Stipulation
shall be paid by certified check, money order or electronic funds
transfer payable
to the Illinois EPA,
designated to the Illinois
Environmental Protection Trust Fund and submitted
to:
Illinois Environmental Protection Agency
Fiscal Services Section
1021 North Grand Avenue East
11
P.O.
Box 19276
Springfield,
IL 62794-9276
The name and number of the case shall appear on the check.
A
copy of the certified check, money order or record of electronic
funds transfer and any transmittal letter shall
be sent to:
Kristen Laughridge
Assistant Attorney General
Illinois Attorney General’s Office
500 South Second Street
Springfield,
Illinois
62706
Joey Logan-Wilkey
Assistant Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O.
Box 19276
Springfield,
Illinois 62794-9276
2.
Pursuant
to Section 42(g)
of the Act,
415 ILCS 5/42(g)
(2004)
,
interest shall accrue on any payment not paid within the
time period prescribed above at the maximum rate allowable under
Section 1003 (a)
of the Illinois Income Tax Act,
35 ILCS 5/1003
(2004)
.
Interest on any unpaid payment
shall begin to accrue
from the date the payment is due and continue to accrue until
the
date payment
is received.
When partial payment(s)
are made,
such
partial payment
shall be first applied to any interest on unpaid
payment then due and owing.
All interest on payment owed shall
be paid by certified check, money order or electronic funds
transfer, payable
to the Illinois EPA, designated to the Illinois
12
Environmental Protection Trust Fund and delivered to the address
and in the manner described above.
3.
For purposes of payment and collection,
Respondent may
be reached at the following address:
Hayden Properties
122 Lincoln Place court,
Suite 202
Belleville,
IL
62221
4.
In the event
of default of this Section VIII.A,
the
Complainant shall
be entitled to all available relief including,
but not limited
to,
reasonable costs
of collection and reasonable
attorney’s
fees.
B.
Compliance Plan
1.
The Respondent shall maintain all required
documentation on site at all times
until construction on all
parcels
is completed and the site is stabilized.
The required
documentation includes the NPDES permit,
the NPDES permit cover
letter,
the Stormwater Pollution Prevention Plan,
the site map,
and all site inspection records.
2.
The Respondent shall implement
stabilization practices
at all parcels upon completion of construction including seeding
and/or mulching all disturbed areas by September
30,
2005.
13
3.
The Respondent
shall install and maintain silt
fences
on lots under construction,
vacant lots,
and in drainage swales
or channels by September
30,
2005.
4.
The Respondent
shall
install and maintain additional
structural measures such as straw bale dikes in areas of
concentrated flow by September
30,
2005.
5.
The Respondent
shall install and maintain adequate
storm sewer protection and clean the remaining sediment from the
streets by September
30,
2005.
6.
The
Respondent
shall
install
and
maintain
rip
rap
in
the main drainage channel from its beginning to where
it exits
the site by September 30,
200.5.
7.
The
Respondent
shall
install
a
rip
rap
check
dam
at
the
end of Augies
Way
to reduce the velocity and filter the
stormwater before discharging to the stream by September
30,
2005.
8.
The
Respondent
shall
improve
and/or
repair
rip
rap
structures
at the storm sewer outfalls by September
30,
2005.
9.
The
Respondent
shall
maintain
all
stormwater
prevention
measures until all construction at the site
is completed and all
parcels have been stabilized with seeding and/or mulching.
14
C.
Stipulated Penalties
1.
If the Respondent
fails
to complete any activity or
fails to comply with any response or reporting requirement by the
date specified in Section VIII.B
(“Compliance Plan”)
of this
Stipulation,
the Respondent shall provide notice to the
Complainant of each failure to comply with this Stipulation.
In
addition,
the Respondent
shall pay to the Complainant,
for
payment
into the EPTF,
stipulated penalties per violation for
each day of violation in the amount of $50.00 until such time
that compliance is achieved.
2.
Following the Complainant’s determination that the
Respondent has failed
to complete performance of any task or
other portion of
work,
failed to provide
a required submittal,
including any report or notification,
Complainant may make
a
demand for stipulated penalties upon Respondent
for its
noncompliance with this Stipulation.
Failure by the Respondent
to make this demand shall not relieve the Respondent of the
obligation
to pay stipulated penalties.
3.
All penalties owed the Complainant under this section
of this Stipulation that have not been paid shall
be payable
within thirty
(30)
days of the date the Respondent
knows or
should have known of its noncompliance with any provision of this
Stipulation.
15
4.
a.
All stipulated penalties shall be paid by
certified check, money order or electronic
funds transfer,
payable to the Illinois EPA for deposit into the EPTF and shall
be sent by first class mail,
unless submitted by electronic funds
transfer,
and delivered to:
Illinois Environmental Protection Agency
Fiscal Services
1021 North Grand Avenue East
P.O.
Box 19276
Springfield,
Illinois 62794-9276
b.
The name and number of the case shall appear on
the face of the check.
A copy of the certified check, money
order or record of electronic
funds transfer and any transmittal
letter shall
be sent
to:
Kristen Laughridge
Assistant Attorney General
Illinois Attorney General’s Office
500 South Second Street
Springfield,
Illinois 62706
5.
The stipulated penalties
shall be enforceable by the
Respondent and shall
be
in addition to, and shall
not preclude
the use of,
any other remedies or sanctions arising from the
failure to comply with this Stipulation.
16
D.
Future Use
Notwithstanding any other language in this Stipulation to
the contrary,
and
in consideration of the mutual promises and
conditions contained in this Stipulation,
including the Release
from Liability contained in Section VIII.F,
below,
the Respondent
hereby agrees that 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 promulgated thereunder for all
violations alleged
in the Complaint
in this matter,
for purposes
of Section
39(a)
and
(i)
and/or 42(h)
of the Act,
415
ILCS
5/39(a)
and(i)
and/or 5/42(h) (2004).
Further, Respondent agrees
to waive any rights to contest,
in any subsequent enforcement
action or permit proceeding,
any allegations that these alleged
violations were adjudicated.
E.
Cease and Desist
The Respondent
shall cease and desist from future violations
of the Act and Board Regulations
that were the subject matter of
the Complaint
as outlined
in Section
III.C
(“Allegations of Non-
Compliance”)
of this Stipulation.
17
F.
Release from Liability
In consideration of the Respondent’s payment
of the
$3,500.00 penalty and any specified costs and accrued interest,
completion of all activities required hereunder,
to Cease and
Desist as contained
in Section VIII.E and upon the Pollution
Control Board’s acceptance and approval of the terms of this
Stipulation and Proposal for Settlement,
the Complainant
releases, waives and discharges the Respondent
from any further
liability or penalties
for 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 June
14,
2005.
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.
18
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.
G.
Right of Entry
In addition to any other authority,
the Illinois EPA,
its
employees and representatives,
and the Attorney General, her
agents 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 carrying
out inspections.
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.
19
H.
Correspondence, Reports and Other Documents
Any and all correspondence,
reports and any other documents
required under this Stipulation,
except
for payments pursuant
to
Sections VIII.A
(“Penalty Payment”)
and C
(“Stipulated
Penalties”)
of this Stipulation shall be submitted as follows:
As
to the Complainant
Kristen Laughridge
Assistant Attorney General
Illinois Attorney General’s Office
500 South Second Street
Springfield,
Illinois 62702
Joey Logan-Wilkey
Assistant Counsel
Illinois EPA
1021 North Grand Avenue East
P.O. Box 19276
Springfield,
Illinois 62794-9276
As to the Respondent
Mr. Barry Hayden
Hayden Properties
122 Lincoln Place
Court,
Suite
202
Belleville,
IL
62221
20
I.
Modification of Stipulation
The parties 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 VIII.H.
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 each party,
and
then accompany
a
joint motion to the Illinois Pollution Control
Board seeking
a modification of the prior order approving and
accepting the Stipulation to approve and accept the Stipulation
as amended.
J.
Enforcement of Board Order
1.
Upon the entry of
the Board’s Order approving and
accepting this Stipulation and Proposal
for Settlement,
that
Order is
a binding and enforceable order of the Illinois
Pollution Control Board and may be enforced as such through any
and all available means.
2.
Respondent agrees that notice of any subsequent
proceeding to enforce
the Board Order approving and accepting
21
this Stipulation and Proposal
for Settlement may be made by mail
and waives any requirement
of service of process.
3.
The parties agree that,
if the Board does not approve
and accept this Stipulation and Proposal
for Settlement,
then
neither party
is bound by the terms herein.
4.
It
is the intent
of the Complainant and Respondent that
the provisions
of this Stipulation and Proposal for Settlement
and any Board Order accepting and approving such shall
be
severable,
and should any provision be declared by
a
court of
competent jurisdiction to be inconsistent with state or federal
law,
and therefore unenforceable,
the remaining clauses shall
remain in full force and effect.
22
WHEREFORE,
Complainant
and Respondent
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
Illinois
MATTHEW
J.
DUNN,
Chief
Environmental
Enforcement/
Asbestos
Litigation Division
Thomas Davis,
Chief
Environmental
Bureau
Assistant Attorney General
DATE:
/O/zf/O~
ILLINOIS ENVIRONMENTAL
PROTECTION
AGENCY
BY:
Robert
A. Messina
Chief Legal Counsel
Barry Hayden d/b/a Hayden
Properties
DATE:
f//f
o/bC
Title:
President
DATE:
O
I~-O~
BY
BY:
Name:
Barry Hayden
23