Lisa Madigan
AFlORNEYGENERAL .
The Honorable Dorothy Gunn
Illinois Pollution Control Board
James R. Thompson Center, Ste. 11-500
100 West Randolph
Chicago, Illinois 60601
Dear Clerk Gunn
:
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 to me in the
enclosed, self-addressed envelope .
Thank you for your cooperation and consideration
.
Very truly yours,
n
-)
MAY - 5 2006
OFFICE OF THE ATTORNEY GENERAL
STATE OF ILLINOIS
STATE OF ILLINOIS
Pollution Control Board
May 3, 2006
Re :
People v.
Huck
Store Fixture Co., Inc.
PCB No. 03-215
Phillip McQuillan
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
(217) 782-9031
PM/pp
Enclosures
500 South Second Street, Springfield, Illinois 62706
•
(217) 782-1090
•
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, Carbondale, Illinois 62901
•
(618) 529-6400
•
TTY: (618) 529-6403
•
Fax: (618) 529-6416
RECEIVED
CLERK'S OFFICE
RECEIVED
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLERK'S OFFICE
PEOPLE OF THE STATE OF
)
MAY
- 5 2006
ILLINOIS,
)
STATE OF ILLINOIS
Pollution Control Board
Complainant,
)
VS .
)
No. 03-215
(Enforcement
- Air)
HUCK STORE FIXTURE CO ., INC.,
)
n/k/a SOURCE-HUCK STORE FIXTURE
)
CO., INC., an Illinois corporation,
)
Respondent .
)
NOTICE OF FILING
To
:
Julie O'Keefe
Armstrong Teasdale LLP
One Metropolitan Square, Suite 2600
211 North Broadway
St. Louis, MO 63102
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, 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
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated: May 3, 2006
MATTHEW J. DUNN, Chief
Environmental Enforcement/Asbestos
Litigation
ivision„
,
BY :
i'-&
/
n
PHILLIP.McQUILLAN
Assistant Attorney General
Environmental Bureau
CERTIFICATE OF SERVICE
I hereby certify that I did on May 3, 2006, 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
:
Julie O'Keefe
Armstrong Teasdale LLP
One Metropolitan Square, Suite 2600
211 North Broadway
St. Louis, MO 63102
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
n
PHILL$ McQU
Assistant Attorney General
This filing is submitted on recycled paper .
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECEIVED
CLERK'S OFFICE
PEOPLE OF THE STATE OF ILLINOIS,
)
MAY
- 5 2006
STATE OF ILLINOIS
Complainant,
)
Pollution Control Board
vs .
)
No. 03-215
(Enforcement - Air)
HUCK STORE FIXTURE CO ., INC .,
)
n/k/a SOURCE-HUCK STORE FIXTURE )
CO., INC., an Illinois corporation,
)
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 ILLS 5/31(c)(1) (2004)
.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN
ATTORNEY GENERAL
MATTHEW J. DUNN, Chief
Environmental Enforcement/Asbestos
Litigatio Divisio
BY : ~r
PHILUP McQIJILLA
Environmental Bureau
Assistant Attorney General
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated: May 3, 2006
2
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD RECEIVED
CLERK'S OFFICE
PEOPLE OF THE STATE OF ILLINOIS,
)
MAY
- 5 2006
STATE OF ILLINOIS
Complainant,
)
Pollution Control
Board
PCB No. 03-215
v .
)
(Enforcement - Air)
HUCK STORE FIXTURE CO., INC., n/k/a
)
SOURCE-HUCK STORE FIXTURE CO ., INC .,
)
an Illinois corporation,
)
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
Huck Store Fixture Co ., Inc., n/k/a Source-Huck Store Fixture Co ., Inc., an Illinois corporation,
("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 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 Board Order and
not to contest their validity in any subsequent proceeding to implement or enforce their terms
.
1
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 .
III. STATEMENT OF FACTS
A .
Parties
1
.
On May 9, 2003, 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 an Illinois
corporation that is authorized to transact business in the State of Illinois
.
B .
Site Description
1
.
At all times relevant to the Complaint, Respondent owned and operated a wood
furniture manufacturing facility located at 1100 North 28' h Street, Quincy, Adams County, Illinois
("site")
2 .
On September 2, 1999, the Illinois EPA issued a permit to Respondent for use at
the site; and, the permit contained the following condition: "The VOM content for each coating
2
as applied in the seven spray paint booths and two curtain coaters shall not exceed 5 .0 lb/gal
for pigmented coatings, 5.6 lb/gal for clear top coatings and sealers pursuant to 35 III.Adm.Code
215.204
.
3 .
On May 18, 2000, the Illinois EPA conducted an inspection of the site and
determined that Respondent was using coatings in the manufacturing process which had
volatile organic material ("VOM")
limits that exceeded the limits set forth in its September 9,
1999, permit and set forth in 35 lll.Adm.Code 215.204
.
4,
In that same May 18, 2000, inspection of the site, the Illinois EPA determined that
Respondent failed to keep records required by their September 9, 1999, permit
.
5
.
The Respondent failed to comply with the terms and conditions of its permit for
eight days (applying the provisions of 35 Ill .Adm.Code Section 215.207) regarding the emission
of volatile organic material in excess of permit limits (Count I) ; respondent failed to keep all
necessary daily records (Count II); respondent failed to obtain a construction permit to modify its
equipment to use these coatings with higher volatile organic material limits (Count III) ; and
respondent failed to obtain a new permit to use these coatings with higher volatile organic
material limits (Count IV)
.
C
.
Allegations of Non-Compliance
Complainant contends that the Respondent has violated the following provisions of the
Act and Board regulations :
Count I :
Section 9(a) of the Act, 415 ILCS 5/9(a) (2004), and 35 III. Adm. Code
201.141 .
Count II
:
Section 9(b) of the Act, 415 ILCS 5/9(b) (2004) .
Count III
:
Section 9(b) of the Act, 415 ILCS 5/9(b) (2004), and 35 III . Adm. Code
201.142
.
3
Count IV :
Section 9(b) of the Act, 415 ILCS 5(9(b) (2004), and 35 III . Adm. Code
201.143
.
D
.
No Admission of Violations
The Respondent represents that it has entered into this Stipulation for the purpose of
settling and compromising disputed claims without having to incur the expense of contested
litigation. By entering into this Stipulation and complying with its terms, the Respondent does
not affirmatively admit the allegations of violation within the Complaint and referenced within
Section III .C herein, and this Stipulation shall not be interpreted as including such admission
.
E
.
Compliance Activities to Date
Respondent has obtained a permit and has returned to compliance
.
IV. APPLICABILITY
This Stipulation shall apply to and be binding upon the Complainant and 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
.
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 III . Adm. Code, Subtitles A through H .
4
VI . IMPACT ON THE PUBLIC RESULTING FROM ALLEGED NON-COMPLIANCE
Section 33(c) of the Act, 415 ILCS 5133(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 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 complainant states the following
:
Human health and the environment were threatened and the Illinois EPA's
information gathering responsibilities hindered by the Respondent's violations
.
2
.
There is social and economic benefit of the facility
.
3
.
Operation of the facility was suitable for the area in which it occurred
.
4 .
Compliance with the terms of the permit and the Board's Regulations was both
technically practicable and economically reasonable during the period at issue in this matter
.
5
.
Respondent has subsequently complied with the Act and the Board Regulations .
VII. CONSIDERATION OF SECTION 42(h) FACTORS
Section 42(h) of the Act, 415 ILCS 5142(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
5
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
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 complainant states as follows
:
The Respondent failed to comply with the terms and conditions of its permit for
eight days regarding the emission of volatile organic material in excess of permit limits (Count 1)
;
respondent failed to keep all necessary daily records (Count II) ; respondent failed to obtain a
construction permit to modify its equipment to use coatings with higher volatile organic material
limits (Count III); and respondent failed to obtain a new permit to use coatings with higher
6
volatile organic material limits (Count IV)
. The violations occurred between May of 1999 and
October of 2000, and the violations were individually resolved by October of 2000
.
2 .
Respondent was diligent in coming back into compliance with the Act and Board
regulations once the Illinois EPA notified it of its alleged noncompliance
.
3 .
The economic benefit to Respondent was nominal and the penalty to be paid is
as great or greater than the economic benefit that Respondent achieved during the period of
noncompliance .
4 .
Complainant has determined, based upon the specific facts of this matter, that a
penalty of Twenty Thousand Dollars ($20,000.00) 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
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 Twenty Thousand Dollars
'lo,ooo °-O )
$20,00 .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
7
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
P.O. Box 19276
Springfield, IL 62794-9276
The name and number of the case and Respondent's Federal Employer Identification Number
(FEIN), 43-18632795, 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
:
Phillip McQuillan
Assistant Attorney General
Environmental Bureau
500 South Second Street
Springfield, Illinois 62702
Maureen Wozniak
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 Environmental Protection Trust
Fund and delivered to the address and in the manner described above
.
8
3
.
For purposes of payment and collection, Respondent may be reached at the
following address
:
Julie O'Keefe
Attorney at Law
Armstrong Teasdale, LLP
One Metropolitan Square
St. Louis, MO 63102-2740
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
Respondent shall continue to comply with its permit, the Act, and Board Regulations
.
C
.
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 .E, below, the Respondent hereby agrees that
this Stipulation may be used against the Respondent in any subsequent enforcement action
between Complainant and Respondent 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(l) and/or 5/42(h)(2004) .
Further, Respondent agrees to waive any rights to
contest, in any subsequent enforcement action between Complainant and Respondent or permit
proceeding, any allegations that these alleged violations were adjudicated
.
9
D
.
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
.
E .
Release from Liability
In consideration of the Respondent's payment of the $20,000.00 penalty and any
specified costs and accrued interest, completion of all activities required hereunder, to Cease
and Desist as contained in Section VIII .D 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 May 9, 2003 . 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
1 0
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 .
F .
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 as permitted by the Act. 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
reasonably necessary
.
G
.
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
Phillip McQuillan
Assistant Attorney General (or other designee)
Environmental Bureau
500 South Second Street
Springfield, Illinois 62702
Maureen Wozniak
Assistant Counsel
Illinois EPA
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
As to the Respondent
Julie O'Keefe, Attorney at Law
Armstrong Teasdale, LLP
One Metropolitan Square
St. Louis, MO 63102-2740
11
H .
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 .G. 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
.
I .
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 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
.
1 2
WHEREFORE, Complainant and Respondent request that the Board adopt and accept
the foregoing Stipulation and Proposal for Settlement as written
.
THOMAS DAVIS, Chief
Environmental Bureau
Assistant Attorney General
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY
BY :
BERT
Chief Legal Counsel
HUCK STORE FIXTURE CO., INC ., n/k/a
SOURCE-HUCK STORE FIXTURE CO ., INC .,
an Illinois corporation
BY : as---
1~t1x~
Name
: tiG-Se_-&
~
aL
Title
:
,L.
V.
1 3
PEOPLE OF THE STATE OF ILLINOIS,
LISA MADIGAN
Attorney General
State of Illinois
MATTHEW J. DUNN, Chief
Environmental Enforcement/
Asbestos Litigation Division
BY :
DATE
:
3/2
._z, /
J G
