RECEaVED

BEFORE

THE

ILLINOIS

POLLUTION

CONTROL

BOARD

CLERK’S

OFFICE

PEOPLE OF THE STATE OF ILLINOIS,

)

JUL

292005

ex

rej,

LISA MADIGAN, Attorney

)

STATE OF ILLINOIS

General

of

the

State

of

Illinois,

)

Pollution

Control

Board

Complainant,

PCB

No.

05-221

v.

)

(Enforcement

-

Water)

RON FREEMAN, individually,

and

d/b/a HARBOR LITES-PISTAKEE

FISHING

CLUB,

Respondent.

NOTICE OF FILING

TO:

See Attached Service

List

PLEASE TAKE NOTICE that on July 25,

2005,

we filed with the

Illinois Pollution Control Board a “Stipulation and Proposal for

Settlement” and “Relief from the Hearing Requirement”,

a true

and correct copy of which

is attached and hereby served upon

you.

Respectfully submitted,

LISA MADIGAN

Attorney General

State of Illinois

MITCHELL•L.

HEN

Assistant Attorney General

Environmental Bureau

188 W. Randolph St.,

20th Floor

Chicago,

Illinois

60601

(312)

814-5282

---

SERVICE LIST

Attn: Ronald Freeman

Arcadia

Village,

Lot

532

2692

NE

Highway

70

Arcadia,

Florida 34266

Ronald Freeman

Harbor

Lites-Pistake Fishing Club

33418

North

Lakeshore

Drive

Wildwood,

Illinois 60030

Ronald

Freeman

200 Mainsail Drive

Third Lake,

Illinois 60030

---

BEFORE

THE

ILLINOIS

POLLUTION

CONTROL

PEOPLE OF THE STATE OF ILLINOIS,

)

JUL

292005

ex

rel.

LISA

MADIGAN, Attorney

STATEOFILLINOIS

General

of

the

State

of

Illinois,

)

Pollution

Control Board

Complainant,

PCB No.

05-221

v.

)

(Enforcement

-

Water)

RON FREEMAN,

individually,

and

d/b/a HARBOR LITES-PISTAKEE

FISHING CLUB,

Respondent.

MOTION FOR RELIEF FROM HEARING REQUIREMENT

NOW CONES 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)

(2002)

,

moves that

the Illinois Pollution Control Board

(“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)

(2002)

.

In support of this motion,

Complainant

states as follows:

1.

The Complaint in this matter alleges violation of the

Section 9(a)

of the Act,

415 ILCS 5/19(a)

(2002), and section

611.356(d) (1)

of the Board’s regulations,

35

Ill. Adm.

Code

611.356(d) (1)

(2002).

2.

Complainant

is filing this Notion and a Stipulation

and Proposal for Settlement with the Board.

---

3.

The

parties

have

reached

agreement

on

all

outstanding

issues in this matter.

4.

This agreement

is presented to the Board in a

Stipulation and Proposal for Settlement

filed this same date.

5.

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)

(2002).

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 5/31(c) (1)

(2002).

Respectfully submitted,

PEOPLE OF THE STATE OF ILLINOIS

LISA

MADIGAN

Attorney General

State

of

Illinois

BY:

IJES~4&

MITCHELL L.

C

EN

Assistant

Attorney

General

Environmental Bureau

188 W. Randolph St.,

20th Floor

Chicago,

Illinois

60601

(312)

814-5282

DATE:

July 25, 2005

---

RECEIVED

BEFORE

THE

ILLINOIS

POLLUTION

CONTROL

BOARSLERKS

OFFICE

PEOPLE OF THE STATE OF ILLINOIS,

)

JUL

292005

ex

rel.

LISA MADIGAN, Attorney

)

STATEOFILLINOIS

General

of the State of Illinois

)

Pollution Control Board

)

Complainant,

)

PCB No.

~S

)~—

(Enforcement

-

Water)

vs.

RON FREEMAN,

individually, and

d/b/a HARBOR LITES-PISTAKEE

FISHING CLUB,

Respondent.

STIPULATION

MiD

PROPOSAL

FOR

SETTLEMENT

Complainant,

PEOPLE

OF

THE

STATE

OF

ILLINOIS,

ex

rel.

LISA

MADIGAN, Attorney General

of the State of Illinois,

the Illinois

Environmental Protection Agency (“Illinois

EPA”),

and

Respondent,

RON FREEMAN

(“FREEMAN”),

individually, and d/b/a HARBOR LITES-

PISTAKEE FISHING CLUS

(“HARBOR LITES”), 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

trial

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

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 not to

contest

its

validity

in

any

subsequent

proceeding

to implement or

enforce its terms.

Insolvency of the Respondent by filing a

petition for bankruptcy shall not be deemed a proceeding

to

contest

the

validity

of

this

Stipulation.

I.

JURISDICTION

The Board has jurisdiction over the subject matter herein

and of the parties consenting hereto pursuant to the Illinois

Environmental Protection Act

(“Act”)

,

415 ILCS 5/1

et

seq.

(2002)

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 Agreement

and to legally bind them to it.

III.

STATEMENT OF FACTS

A.

Parties

1.

On June 29,

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

2

---

request of the Illinois EPA,

pursuant to Section 31

of the Act,

415 ILCS 5/31

(2002),

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

(2002)

3.

Respondent is the owner of HARBOR LITES,

a membership

sports and recreation club.

B.

Site Description

1.

Respondent owns and operates a potable water

distribution system serving approximately 100 residents,

members

and guests of the Harbor Lites

-

Pistakee Fishing Club

(“Club”)

located at

33418 Lake Shore Drive, Grayslake,

Lake County,

Illinois

60030

(“Site”)

2.

Respondent’s water distribution system at the

Club

is considered a public water supply

(“PWS”)

under Illinois

law.

C.

Allegations of Non-Compliance

1.

Complainant

contends

that

the

Respondent

has

violated

the following provisions of the Act and Board Regulations:

Count

I:

Monitoring and Reporting Violations

Violation of Section 19 of the Act,

415 ILCS

5/19(a) (2002),

and 35

Ill.

Adm.

Code 611.356(d) (1).

D.

Admission of Violations

The Respondent admits the violations alleged in this matter

and referenced herein.

3

---

E.

Compliance Activities

to Date

1.

Upon learning of it’s failure

to submit lead and copper

samples, Respondent submitted lead and copper samples from its

PWS in compliance with Illinois EPA regulations.

IV.

APPLICABILITY

This Stipulation Agreement

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,

or employees to take such actions as shall be

required to comply with the provisions of this Stipulation.

1.

No change in ownership,

corporate status or operator of the

Site 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 the facility,

the Respondent

shall continue

to be

bound by and remain liable for performance of all obligations

under this Stipulation.

2.

In the event

that the Respondent proposes to sell or

transfer any real property or operations subject to any order

accepting and adopting the terms

of this Stipulation and Proposal

4

---

for Settlement,

the Respondent

shall notify the Complainant

30

days prior to the conveyance of title, ownership or other

interest,

including a leasehold interest in the facility or a

portion thereof.

The Respondent shall make the prospective

purchaser or successor’s compliance with any Order accepting and

adopting the terms of this Stipulation a condition of any such

sale or transfer and shall provide a copy of this Stipulation and

any Order accepting and adopting the terms of this Stipulation to

any such successor

in interest.

This provision does not relieve

the Respondent from compliance with any regulatory requirement

regarding notice and transfer of applicable facility permits.

V.

COMPLIANCE WITH OTHER LAWS

ANT) 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 NONCOMPLIANCE

Section

33(c)

of

the

Act,

415

ILCS

5/33

(c)

(2002)

,

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:

5

---

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 unsuitabilityof

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

faptors,

the parties state:

1.

The Parties state that the impact to the public

resulting from Respondent’s non-compliance was

that the non-

compliance

(specifically,

failing to submit lead and copper

samples from a PWS) presented a potential for risk of harm to

human

health

and

the

environment.

2.

The Parties agree

that Respondent’s business is of

social

and

economic

benefit.

3.

The parties agree that the Site was suitable to the

area in which it is

located when samples of the PWS’ water

is

submitted for lead and copper testing.

4.

The

parties

agree

that

complying

with

the

requirements

of the Act is both technically practicable and economically

reasonable.

6

---

5.

The parties state that Respondent now submits water

samples for lead and copper testing.

VII.

CONSIDERATION

OF

SECTION

42

(Ii)

FACTORS

Section 42(h)

of the Act, 415 ILCS 5/42(h) (2002)

,

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 violator 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 violator

because of delay in compliance with

requirements;

4.

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 other persons similarly subject

to the Act; and

5.

the

number,

proximity

in

time,

and

gravity

of

previously adjudicated violations of this Act

by the violator.

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

7

---

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:

1.

The Parties state that the duration of the violation

for monitoring and reporting occurred from at least from July 1,

2002,

until December 31,

2002.

2.

The parties agree that Respondent demonstrated

diligence

in regard to this violation after the State notified

Respondent

of the violations.

The Respondent subsequently began

submitting water samples for lead and copper testing.

3.

The Parties agree the Respondent received some economic

benefit by delaying compliance with the lead and copper

monitoring and reporting requirements. However the penalty

assessed negates the economic benefit accrued.

4.

The Parties agree

that the appropriate penalty that

will

serve as

a deterrence is $3,000.00.

5.

To Complainant’s knowledge,

the 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.

8

---

VIII.

TERMS OF SETTLEMENT

A.

1.

a.

The

Respondent

shall

pay

a

civil

penalty in the

sum of Three Thousand Dollars

($3,000.00).

The Respondent by

signing this Stipulation warrants that payment

of the Three

Thousand Dollars

($3,000.00)

required herein has been tendered to

the Complainant

in a form acceptable to the Complainant.

The

penalty described in this Stipulation shall be paid by certified

check or money order payable to the Illinois EPA, designated to

the Illinois Environmental Protection Trust

Fund.

Respondent’s

name and social security number shall appear on the check.

The

certified check or money order shall

be sent with the original

Stipulation And Proposal For Settlement signed by Respondent

to:

Mitchell

L.

Cohen

Assistant Attorney General

Environmental Bureau

-

188 West Randolph,

20th

Floor

Chicago, Illinois 60601

2.

The Respondent may be reached at the following

addresses:

Attn: Ronald Freeman

Arcadia Village,

Lot 532

2692

NE

Highway 70

Arcadia, Florida 34266

Ronald Freeman

Harbor Lites-Pistake Fishing Club

33418 North Lakeshore Drive

Wildwood,

Illinois 60030

Ronald Freeman

200 Mainsail Drive

Third Lake,

Illinois 60030

9

---

B.

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.D, 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)

(2002).

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.

C.

Cease and Desist

The Respondent

shall cease and desist from all 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.

D.

Release from Liability

In consideration of the Respondent’s payment of the

$3,000.00 penalty and any specified costs and accrued interest,

completion of all activities required hereunder,

to Cease and

10

---

Desist as contained in Section VIII.C 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 any 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 29,

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.

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

11

---

3.26 of the Act,

415 ILCS 5/3.26

(2002),

or entity other than the

Respondent.

E.

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 Site 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.

F.

Retention of Jurisdiction

The Board shall retain jurisdiction of this matter for the

purpose of interpreting and enforcing the terms and conditions of

the Stipulation.

G.

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

12

---

this Stipulation and Proposal for Settlement may be made by mail

and waives any requirement of service of process.

C.

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 therein.

D.

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.

13

---

WHEREFORE,

Complainant and Respondent, by their

representatives,

enter into this Stipulation and Proposal for

Settlement

as written.

FOR THE COMPLAINANT:

PEOPLE OF THE STATE OF ILLINOIS

ex

rel.

LISA MADIGAN,

Attorney General

of the

State of Illinois

MATTHEW J.

DUNN,

Chief

ILLINOIS ENVIRONMENTAL

Environmental Enforcement/

PROTECTION AGENCY

Asbestos Litigation Division

BY:

____________________

BY:

___________________

ROSEMARIE CAZEAU,

Chief

WILLIAM D.

INGERSOLL,

Environmental Bureau

Acting Chief Legal Counsel

Assistant Attorney General

DATE:

___________________

DATE:

_________________

FOR THE RESPONDENT:

RONALD FREEMAN,

individually, and d/b/a HARBOR LITES-PISTAKE

FISHING CLUB

BY:

______________________

Ronald Fre6man

DATE:

~

14

---

WHEREFORE,

Complainant and Respondent,

by their

representatives,

enter into this Stipulation and Proposal for

Settlement as iqritten.

FOR THE COMPLAINANT:

PEOPLE OF THE STATE OF ILLINOIS

ex

rel.

LISA MADIGAN,

Attorney General of the

State of

Illinois

MATTHEW J. DUNN,

Chief

ILLINOIS ENVIRONMENTAL

Environmental Enforcement/

PROTECTION AGENCY

Asby.stC, Litigatio

ivision

I

BY:

____________

~Y:

_____________

Rc3sE1ARt~

CAZEA,

f

WILLIAM D. INGE$OLL

Environmefltal Bur

Acting Chief Legal Counsel

Assistant Attorney General

DATE:

_____________

DATE:

ZT~R-Ia

/22~OgC

FOR THE RESPONDENT:

RONALD FREEMAN, individually,

and d/b/a HARBOR LITES-PISTAKE

FISHING CLUB

BY:

___________________

Ronald Freeman

-

DATE:

_______________________

14

---

I, MITCHELL COHEN,

an Assistant Attorney General, certify

that on the 2t1~day of July,

2005,

I caused to be served by

First Class Mail the foregoing “Stipulation and Proposal for

Settlement” and

“Relief

from the Hearing Requirement”

to the

parties named on the attached service list,

by depositing same

in postage prepaid envelopes with the United States Postal

Service located at

100 West Randolph Street, Chicago,

Illinois

60601.

MITCHELL

L.

OHEN