BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
LISA
MADIGAN, Attorney General of the
State
of Illinois,
Complainant,
CITY OF BELVIDERE, an Illinois municipal
corporation, and CES,
Inc., an Illinois
corporation,
Water)
Respondents.
NOTICE OF FILING
TO:
See attached service list
(VIA ELECTRONIC FILING)
PLEASE
TAKE NOTICE that today I have electronically filed with the Office of
the Clerk of the Pollution Control Board the following Complaint, a copy of which is
attached and hereby served on you.
Failure to file an answer to this complaint within
60 days may have severe consequences.
Failure to answer will mean that all allegations in the complaint will be taken as if
admitted for purposes of this proceeding. If you have any questions about this procedure,
you should contact the hearing officer assigned to this proceeding, the clerk's office or an
attorney.
NOTIFICATION
YOU ARE HEREBY NOTIFIED that financing may be available through the Illinois
Environmental facilities financing act
[20 ILCS 351511 et seq.] to correct the alleged
pollution.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS,
LISA
MADIGAN,
Attorney General of the State of Illinois
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Assistant Attorney General
Environmental Bureau
188
W. Randolph St., 20th Floor
Chicago, Illinois 60601
(3 12) 8 14-0660
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SERVICE LIST
Mr. Michael
S. Drella
City Attorney, City of Belvidere
1 19 S. State Street
Belvidere, Illinois 6 1008
Mr. Kevin Bunge, P.E.
CES,
Inc.
700 West Locust Street
Belvidere, Illinois 6 1008
Mr. Curtis R.
Tobin, I1
Tobin
&
Ramon
530 S. State Street, Suite
20'0
Belvidere, IL 61008
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BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
LISA MADIGAN, Attorney General of
)
the State of Illinois,
1
1
Complainant,
1
1
-vs-
)
PCB No. 07
)
CITY OF BELVIDERE, an Illinois municipal
)
(Enforcement-Water)
corporation, and CES, INC., an Illinois corporation,
)
)
Respondents.
1
COMPLAINT
Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA MADIGAN, Attorney
General of the State of Illinois, complains of Respondents, CITY OF BELVIDERE, and CES,
INC., as follows:
COUNT I:
CONSTRUCTION WITHOUT
A PERMIT
1. This complaint is brought by LISA MADIGAN, Attorney General of the State of
Illinois, on her own motion and at the request of the Illinois Environmental Protection Agency
(
"Illinois EPA") pursuant to Section
3
1 of the Environmental Protection Act, ("Act"), 41 5 ILCS
2. The Illinois EPA is an administrative agency of the State of Illinois, created pursuant
to Section 4 of the Act, 415 ILCS
514 (2004), and is charged inter alia, with the duty of enforcing
the Act.
3.
Respondent CITY OF BELVIDERE ("Belvidere") is an Illinois municipal
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corporation, duly organized and existing under the laws of the State of Illinois. Belvidere is
located in Boone County, Illinois. The population of Belvidere is 23,532.
4.
Respondent CES, INC. ("CES") is an Illinois corporation in good standing. CES
is a consulting engineering
firm.
5.
Belvidere is the owner and operator of a sanitary sewer system for Belvidere.
6.
On or about May 2004, Belvidere retained CES to provide engineering and
consulting services for the improvement of
Appleton Road and the construction of a sanitary
sewer line along
Appleton Road in Belvidere.
7.
Beginning on or about June 7,2004,
CESYs contractor, Schlicting and Sons
Excavating,
Inc., constructed 1,750 feet of 8-inch force main sanitary sewer line along Appleton
Road between the addresses of 298 North Appleton Road and 544 North Appleton Road in
Belvidere (
"Appleton Road Sewer Line"). The sanitary sewer line was constructed in the right of
way of the road, in conjunction with the improvement of
Appleton Road.
8.
Neither CES nor Belvidere applied for nor received a construction permit prior to
constructing the
Appleton Road Sewer Line.
9.
On June 6,2005, CES and Belvidere submitted to the Illinois EPA a construction
permit application for the
Appleton Road Sewer Line. On July 26, 2005, the Illinois EPA issued
the construction permit to Belvidere.
10.
Section
12(b) of the Act, 41 5 ILCS 5/l2(b) (2004), provides, in pertinent part, as
follows:
No person shall:
b.
Construct, install, or operate any equipment, facility, vessel, or aircraft
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capable of causing or contributing to water pollution, or designed to
prevent water pollution, of any type designated by Board regulations,
without a permit granted by the Agency, or in violation of any conditions
imposed by such permit.
11.
Section
309.202(a) of the Illinois Pollution Control Board ("Board") Water
Pollution Regulations, 35
Ill. Adm Code 309.202(a), provides, as follows:
Except for treatment works or wastewater sources which have or will have
discharges for which NPDES Permits are required, and for which NPDES Permits
have been issued by the Agency:
a.
No person shall cause or allow the construction of any new treatment
works, sewer or wastewater source or cause or allow the modification of
any existing treatment works, sewer or wastewater source without a
construction permit issued by the Agency, except as provided in paragraph
(b)
12.
Section 3.315 of the Act, 415 ILCS 513.315
(2004), provides, as follows:
6
6
Person" is any individual, partnership, co-partnership, firm, company, limited
liability company, corporation, association, joint stock company, trust estate,
political subdivision, state agency, or any other legal entity, or their legal
representative, agent or assigns.
13.
CES, an Illinois corporation, is a
"person" as that term is defined in
Section 3.315 of the Act, 415 ILCS 513.315 (2004).
14.
Belvidere, an Illinois political subdivision, is a
"person" as that term is
defined in Section 3.315 of the Act, 415 ILCS
513.3 15 (2004).
15.
Section 3.545 of the Act, 415 ILCS 513.545
(2004), contains the following
definition:
"WATER POLLUTION" is such alteration of the physical, thermal, chemical,
biological, or radioactive properties of any waters of the State, or such discharge
of any contaminant into any waters of the State, as will or is likely to create a
nuisance or render such water
harmful or detrimental or injurious to public health,
safety or welfare, or to domestic, commercial, industrial, agricultural, recreational,
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or other legitimate uses, or to livestock, wild animals, birds, fish, or other aquatic
life.
16.
Section
3.165 of the Act, 415 ILCS 513.165 (2004), contains the following
definition:
"CONTAMINANT" is any solid, liquid or gaseous matter, any odor or any form
of energy,
fiom whatever source.
17.
The wastewater that flows through the
Appleton Road Sewer Line is a
contaminant as that
term is defined in Section 3.165 of the Act, 41 5 ILCS 513.165 (2004).
18.
The
Appleton Road Sewer Line is equipment or a facility designed to
prevent water pollution by conveying wastewater, a contaminant, to a wastewater
treatment plant for treatment.
19.
Respondents constructed the
Appleton Road Sewer Line at least six months
before the Illinois EPA received a construction permit application
fiom Respondents.
20.
By constructing the
Appleton Road Sewer Line, which is equipment or a
facility designed to prevent water pollution, without a construction permit from the
Illinois EPA, Respondents violated Section
12(b) of the Act, 415 ILCS 5/12(b) (2004).
21.
Section 301.390 of the Board Water Pollution Regulations, 35
Ill. Adm. Code
301.390, contains the following definition:
,'
"SEWER means a stationary means of transport or stationary system of transport,
excluding natural waterways, constructed and operated for the purpose of collecting and
transporting wastewater or land runoff, or both.
22.
The
Appleton Road Sewer Line, which is a stationary system of transport
constructed and operated for the purpose of transporting wastewater, is a sewer as that term is
defined in 301.390 of the Board Water Pollution Regulations, 35
Ill. Adm Code 301.390.
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23.
Respondents did not receive a National Pollutant Discharge Elimination System
permit
from the Illinois EPA prior to constructing the Appleton Road Sewer Line, nor do any of
the exceptions in Section
309.202(b) apply.
24.
Respondents, CES and City of Belvidere, constructed the
Appleton Road
Sewer Line, which was a new sewer, without a construction permit from the Illinois EPA,
and thus violated Section
309.202(a) of the Board's Water Pollution Regulations, 35 Ill.
Adm. Code
309.202(a).
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS, respectfully
requests that the Board enter an order against the Respondents, CITY OF BELVIDERE, and
CES, INC. on Count
I:
1. Authorizing a hearing in this matter at which time the Respondents will be required to
answer the allegations herein;
2. Finding that the Respondents have violated Section 12(b) of the Act, and 35 Ill. Adm.
Code
309.202(a);
3. Ordering the Respondents to cease and desist from any further violations of Section
12(b) of the Act, and 35 Ill. Adm. Code 309.202(a);
4. Assessing a civil penalty of Fifty Thousand Dollars ($50,000.00) against the
Respondents for each violation of the Act and pertinent regulations, and
an additional civil
penalty of Ten Thousand Dollars
($10,000.00) for each day of violation;
5. Ordering the Respondents to pay all costs, pursuant to Section 42(f) of the Act,
including attorney, expert witness, and consultant fees expended by the State in its pursuit of this
action; and
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6. Granting such other relief as the,Board deems appropriate and just.
PEOPLE OF THE STATE OF ILLINOIS,
LISA
MADIGAN
Attorney General
State of Illinois
MATTHEW
J. DUNN, Chief
Environmental
Enforcement/Asbestos Litigation Division
Environmental Bureau
Assistant Attorney General
OF COUNSEL
KATHEFUNE M. HAUSRATH
Assistant Attorney General
Environmental Bureau
188 W. Randolph
St.20th Floor
Chicago, Illinois 60601
(3 12) 8 14-0660
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BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
LISA
MADIGAN, Attorney General of the
State
of Illinois,
Complainant,
CITY OF BELVIDERE, an Illinois municipal
corporation, and CES, Inc., an Illinois
corporation,
Water)
Respondents.
NOTICE OF FILING
TO:
See attached service list
(VIA ELECTRONIC FILING)
\
PLEASE TAKE NOTICE that today I have electronically filed with the Office of
the Clerk of the Pollution Control Board a Motion to Request Relief from Hearing, and a
Stipulation and Proposal for Settlement as to Respondents CES,
Inc. and City of
Belvidere, a copy of which is attached and hereby served upon you.
Respecthlly submitted,
PEOPLE OF THE STATE OF ILLINOIS,
LISA
MADIGAN,
Attorney General of the State of Illinois
By:
Assistant Attorney General
Environmental Bureau
188
W. Randolph St., 20th Floor
Chicago, Illinois 60601
(312) 814
-0660
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SERVICE LIST
Mr. Michael S. Drella
City Attorney, City of Belvidere
1 19 S. State Street
Belvidere, Illinois
61
008
Mr. Kevin Bunge, P.E.
CES,
Inc.
700 West Locust Street
Belvidere, Illinois
6 1008
Mr. Curtis R. Tobin, I1
Tobin
&
Ramon
530
S. State Street, Suite 200
Belvidere, IL 61008
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BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
LISA
MADIGAN, Attorney General of the
State
of Illinois,
Complainant,
CITY OF BELVIDERE, an Illinois municipal
corporation, and CES, Inc., an Illinois
corporation,
)
1
1
)
)
PCB 07-
)
1
(Enforcement
)
)
.
Water)
Respondents.
MOTION TO REQUEST RELIEF
FROM HEARING REQUIREMENT
NOW COMES the Complainant, PEOPLE OF THE STATE OF ILLINOIS, by
LISA MADIGAN, Attorney General of the State of Illinois, and requests relief from the
hearing requirement in the above
-captioned matter. In support thereof, the Complainant
states as follows:
1.
On August 1, 2006, the Complaint was accepted for hearing
by the Illinois
Pollution Control Board (
"Board") in this matter. On August 1, 2006, a Stipulation and
Proposal for Settlement as to Respondents, CES, Inc. and City of Belvidere, was filed
with the Board. If accepted, the Stipulation and Proposal for Settlement with
Respondents CES, Inc. and City of Belvidere, will dispose of the case.
2.
Section
31(c)(2) of the Illinois Environmental Protection Act ("Act"), 415
ILCS
513 1(c)(2) (2004), allows the parties in certain enforcement cases to request relief
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from the mandatory hearing requirement where the parties have submitted to the Board a
stipulation and proposal for settlement. Section 3
1(c)(2) provides:
Notwithstanding the provisions of subdivision (1) of this subsection (c), whenever
a complaint has been filed on behalf of the Agency or by the People of the State
of Illinois, the parties may file with the Board a stipulation and proposal for
settlement accompanied by a request for relief from the requirement of a hearing
pursuant to subdivision (1). Unless the Board, in its discretion, concludes that a
hearing. will be held, the Board shall cause notice of the stipulation, proposal and
request for relief to be published and sent in the same manner as is required for
hearing pursuant to subdivision (1) of this subsection. The notice shall include a
statement that any person may file a written demand for hearing within 21 days
after receiving the notice. If any person files a timely written demand for hearing,
the Board shall deny the request for relief from a hearing and shall hold a hearing
in accordance with the provisions of subdivision (1).
3.
No hearing is currently scheduled in the instant case.
4.
The Complainant requests the relief conferred by Section 3
l(c)(2) of the
Act.
WHEREFORE, the Complainant, PEOPLE OF THE STATE OF ILLINOIS, by
LISA
MADIGAN, Attorney General of the State of Illinois, requests relief from the
requirement of a hearing pursuant to 415 ILCS
513 1(c)(2) (2004).
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS,
LISA
MADIGAN,
Attorney General of the State of Illinois
By:
KATHERINE M. HA~S~TH
Assistant Attorney General
Environmental Bureau
188 W. Randolph St., 20th Floor
Chicago, Illinois 60601
(3 12)
8 14-0660
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BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
LISA
MADIGAN, Attorney General of the State
.
of Illinois,
Complainant,
CITY OF BELVIDERE, an Illinois municipal
corporation, and CES,
Inc., an Illinois
corporation,
.l
)
)
)
PCB
O&?
)
(Enforcement
-
Water)
)
)
Respondents.
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),
CES, INC., an Illinois, corporation, and CITY OF BELVIDERE, an Illinois municipal
corporation, 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
hehng 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
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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, Respondents agree 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"), 41 5 ILCS 511
et
seq.
(2004).
11.
AUTHORIZATION
The undersigned representatives for each party certifj that they are hlly authorized by the
party whom they represent to enter into the terms and conditions of this Stipulation and to legally
bind them to it.
111.
STATEMENT OF FACTS
.
A.
Parties
1.
On
,
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
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and upon the request of the Illinois EPA, pursuant to Section
3
1 of the Act, 41 5 ILCS
513
1 (2OO4), against the Respondents.
2.
The Illinois EPA is an administrative agency of the State of Illinois, created
pursuant to Section 4 of
the,Act, 415 ILCS 514 (2004).
3.
At all times relevant to this Stipulation, Respondent, CES, Inc. ("CES"), was and
is
an Illinois corporation in good standing.
4.
At all times relevant to this Stipulation, Respondent, City of Belvidere
(
"Belvidere"), was and is a municipal corporation duly organized and existing under the laws of
the State of Illinois.
B.
Site Description
1.
On or about May 2004, Belvidere retained CES to provide engineering and
consulting services for the improvement of
Appleton Road and the construction of a sanitary
sewer line along
Appleton Road in Belvidere.
2.
Beginning on or about June 7,2004, Belvidere's contractor constructed
1,750 feet
of 8
-inch force main sanitary sewer line along Appleton Road between the addresses of 298
North
Appleton Road and 544 North Appleton Road in Belvidere ("Appleton Road Sewer
Line
"). The sanitary sewer line was constructed in the right of way of the road, in conjunction
with the improvement of
Appleton Road.
3.
Neither Belvidere nor CES obtained a construction permit fiom the Illinois EPA
prior to or during the construction of the
Appleton Road Sewer Line.
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C.
Allegations of Non-Compliance
Complainant contends that the Respondents, CES and Belvidere, have violated the
following provisions of the Act and Board regulations by not obtaining a construction and
operating permit prior to constructing the
Appleton Road Sewer Line:
Count I:
Construction without a Permit
Violation of Section
12(b) of the Act, 415 ILCS 5/12(b) (2004), and
Section
309.202(a) of the Board Water Pollution Regulations, 35 Ill.
Adm. Code 309.202(a).
D.
Admission of Violations
The Respondents, CES and Belvidere, admit to the violations alleged in the Complaint
filed in
ths matter and referenced within Section lII.C herein.
E.
Compliance Activities to Date
The Respondents, CES and Belvidere, subsequently obtained and complied with a
construction permit for the
Appleton Road Sewer Line.
IV.
APPLICABILITY
This Stipulation shall apply to and be binding upon the Complainant and the
Respondents, CES and Belvidere, and any officer, director, agent, or employee of the
Respondents, as well as any successors or assigns of the Respondents. The Respondents, CES
and Belvidere, shall not raise as a defense to any enforcement action taken pursuant to this
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Stipulation the failure of any of their 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 Respondents, CES and
Belvidere, to comply with any other federal, state or local laws or regulations including, but not
limited to, the Act and the Board regulations, 35 111.
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 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:
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1.
The Illinois EPA's information gathering abilities were hindered by Respondents'
construction of a sanitary sewer line without first obtaining a construction permit. Obtaining a
permit prior to construction allows the Illinois EPA to review plans to eliminate designs that can
threaten the environment or human health. However, Respondents represent that the
Appleton
Road Sewer Line was not actually used to convey wastewater until after Respondents received a
construction
permit from the Illinois EPA.
2.
The
Appleton Road Sewer Line has a social and economic benefit, because it is a
device intended to prevent water pollution by conveying wastewater to a wastewater treatment
plant.
3.
The Appleton Road Sewer Line is suitable for the area in which it is located.
4.
Applying for a construction permit prior to constructing the
Appleton Road Sewer
;Line was both technically practicable and economically reasonable.
5.
Respondents, CES and Belvidere, have subsequently complied with the Act and
r
the Board Regulations.
VII.
CONSIDERATION 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;
6
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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
fbrther 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 parties state as follows:
1.
The Respondents failed to obtain a construction permit prior to constructing the
Appleton Road Sewer Line on June 7,2004. Respondents did not obtain a construction permit
from the Illinois EPA until July 26,2005. However, Respondents represent that they did not
actually use the sewer line to convey wastewater until after they obtained a permit from the
Illinois EPA.
2.
Respondents were diligent in coming back into compliance with the Act and
Board regulations, once the Illinois EPA notified them of their noncompliance. Respondents
represent that the failure to obtain a construction permit prior to constructing the
Appleton Road
Sewer Line was inadvertent. Soon
after Respondents were notified by the Illinois EPA that they
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needed to obtain a permit, they applied for and received a permit. Additionally, CES and
Belvidere have both implemented internal processes to ensure that the appropriate permits are
obtained in the future.
3.
The failure to obtain a permit prior to construction resulted in no economic benefit
to the Respondents. Respondents note that any fees associated with obtaining the permit had
already been included in the professional service fee that Belvidere paid to CES for CES
7
work
as the design engineer on the project.
4.
Complainant has determined, based upon the specific facts of this matter, that a
penalty of Fifteen Thousand Dollars ($15,000.00) will serve to deter further violations and aid in
future voluntary compliance with the Act and Board regulations.
5.
To Complainant's knowledge, Respondent, CES, has no previously adjudicated
violations of the Act.
In 1988, the Board issued three administrative citations against Belvidere
for violations related to the Belvidere municipal landfill.
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 Respondents, CES and Belvidere, shall jointly and severally pay a civil
penalty of Fifteen Thousand Dollars
($15,000.00), within thirty (30) days from the date the Board
8
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adopts and accepts this Stipulation. The Respondents stipulate that payment has been tendered to
Respondents' attorneys of record in this matter in a form acceptable to those attorneys. Further,
Respondents stipulate that those attorneys have been directed to make the penalty payment on
behalf of Respondents, 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, cashier's check, or money order payable to the Illinois EPA, designated
to the Illinois Environmental Protection Trust Fund and submitted to:
Illinois Environmental Protection Agency
Fiscal Services Section
102 1 North Grand Avenue East
P.O. Box 19276
Springfield,
IL 62794-9276
The name and number of the case and Respondent's, CES, Federal Employer Identification
Number (FEIN), 36-3808866, shall appear on the check. The name and number of the case and
Respondent's, Belvidere,
FEN, 36-6005792, shall appear on Belvidere's check. A copy of the
certified check, cashier's check, or money order shall be sent to:
Katherine
M. Hausrath
Assistant Attorney General
Environmental Bureau
188
W. Randolph St., 20th Floor
Chicago, Illinois 6060.1
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 511003 (2004). Interest
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on any unpaid payment shall begin to accrue from the date the payment is due Bnd 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
hds 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.
3.
For purposes of payment and collection, Respondent may be reached at the
following address:
Kevin Bunge, President
CES,
Inc.
700 West Locust Street
Belvidere, Illinois
6 1008
Fred Brereton
Mayor
City of Belvidere
119 S. State Street
Belvidere, Illinois
6 1 008
Michael S. Drella
City Attorney
City of Belvidere
1 19 S. State Street
Belvidere, Illinois
6 1008
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.
Future Use
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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 Respondents, CES and Belvidere,
hereby agree that this Stipulation'may be used against the Respondents 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, Respondents CES and Belvidere, agree 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 Respondents, CES and Belvidere, 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.
D.
Release from Liability
In consideration of the Respondents' payment of the $15,000.00 penalty and any specified
costs and accrued interest, to Cease and Desist as contained in Section
VIII.C and upon the
Pollution Control Board's acceptance and approval of the terms of this Stipulation, the
Complainant releases, waives and discharges the Respondents from any
fbrther liability or
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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
.
The
Complainant reserves, and this Stipulation is without prejudice to, all rights of the State of
Illinois against the Respondents, CES and Belvidere, with respect to all other matters, including
but not limited to, the following:
a.
criminal liability;
b.
liability for
fhre violation of state, federal, local, and common laws andlor
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 3.3 15 of the Act,
41 5 ILCS 513.3 15, or entity other than the Respondents.
E.
Enforcement of Board Order
1.
Upon the entry of the Board's Order approving and accepting this Stipulation, 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.
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2.
Respondents, CES and Belvidere, agree that notice of any subsequent proceeding
to enforce the Board Order approving and accepting this Stipulation may be made by mail and
waive any requirement of service of process.
3.
The parties agree that, if the Board does not approve and accept this Stipulation,
then no party is bound by the terms herein.
4.
It is the intent of the Complainant and Respondents that the provisions of this
Stipulation 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.
(THE REST OF THIS PAGE LEFT INTENTIONALLY BLANK)
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BY:
WHEREFORE, Complainant and Respondents, CES and Belvidere, 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 Enforcement1
Asbestos Litigation Division
BY:
ROSEMARIE CAZEAU, c&f
Environmental Bureau
Assistant Attorney General
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY
BY:
Chief Legal Counsel
CES, INC., an Illinois corporation,
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CITY OF BELVIDERE, an Illinois municipal
corporation,
BY:
4hLQ
Title:
,MYB f
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CERTIFICATE OF SERVICE
I, KATHERINE M. HAUSRATH, an Assistant Attorney General, do certify that I
caused to be mailed, this
1
day of August, 2006, the foregoing Motion to Request
Relief from Hearing, Stipulation and Proposal for Settlement as to Respondents CES,
Inc.
and City of Belvidere, and Notice of Filing, upon the persons listed on said notice, by
certified mail.
Assistant Attorney General
'
Environmental Bureau
188 West Randolph,
2oth Floor
Chicago, IL 60601
3
12-814-0660
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CERTIFICATE OF SERVICE
I, KATHERINE M. HAUSRATH, an Assistant Attorney General, do certify that I
caused to be mailed this
1
day of August, 2006, the foregoing Complaint and Notice of
Filing upon the persons listed on said notice, by certified mail.
Assistant Attorney General
Environmental Bureau
188 West Randolph,
2oth Floor
Chicago, IL 60601
3 12-814-0660
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