PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
vs.
The CITY OF HARVEY,
a municipal corporation in the
State of Illinois,
Respondent.
TO:
Frederick Mueller, Esq .
Johnson & Bell
33 West Monroe Street
Chicago, IL 60603
DATE: August 4, 2006
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECEIVED
CLERKS OFFICE
NOTICE OF FILING
AUG 0 4 2006
STATE OF ILLINOIS
Pollution Control Board
Dorothy Gunn, Clerk
Illinois Pollution Control Board
Suite 11-500
James R. Thompson Center
100 W. Randolph Street
Chicago, IL 60601
PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk of the
Illinois Pollution Control Board by electronic filing the following Complaint, an Agreed Motion
for Relief from the Hearing Requirement, and Stipulation and Proposal for Settlement, copies of
which are attached and hereby served upon you
.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN
Attorney General
State of Ill' is
BY:
No. PCB 07-
(Enforcement -
and)
~
VIA ELECTRONIC FILING
RO
ARIE CAZEAU
Assistant Attorney General
Environmental Bureau
188 W. Randolph St
., 20th Fl.
Chicago, IL 60601
(312) 814-3816
THIS FILING IS SUBMITTED ON RECYCLED PAPER
RECEIVEDCLERK'S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
AUG
0 4 2006
PEOPLE OF THE STATE OF ILLINOIS,
STATE OF ILLINOIS
)
Pollution Control
Board
Complainant,
)
vs.
)
No. PCB 07-
b
(Enforcement -
Land)
The CITY OF HARVEY,
)
a municipal corporation in the
)
State of Illinois,
)
Respondent.
)
COMPLAINT
Complainant, PEOPLE OF THE STATE OF ILLINOIS, complains of Respondent, the
CITY OF HARVEY, an Illinois municipality as follows :
COUNT I
OPEN DUMPING
1 .
This Count is brought on behalf of the People of the State of Illinois, and at the
request of the Illinois Environmental Protection Agency ("Illinois EPA"), pursuant to the terms
and conditions of Section 31 of the Illinois Environmental Protection Act
("Act"), 415 ILCS 5/31
(2004).
2.
The Illinois EPA is an administrative agency of the State of Illinois created by the
Illinois General Assembly in Section 4 of the Act, 415 ILCS 5/4 (2004), and charged,
inter alia,
with the duty of enforcing the Act and regulations promulgated by the Illinois Pollution Control
Board ("Board") .
3 .
At all times relevant to this Complaint, the Respondent, City of Harvey
("Harvey"), was and is an Illinois municipality in Cook County duly organized and existing
under the Illinois Municipal Code, 65 ILCS 5/1-1,
et seq . (2004) . The address for Harvey's City
Hall is 15320 Broadway Avenue, Harvey, Cook County, Illinois .
4.
At all times relevant to this Complaint, the City of Harvey owned and controlled
an undeveloped parcel situated within the right-of-way of Myrtle Street, south of 148
th
Street and
north of the B & 0 Railroad property in Harvey, Cook County, Illinois
("Site") . As owner of the
Site, Respondent regulates all activities along the right-of-way and has the authority to prevent
illegal dumping activ'ty
.
5 .
On August 11, 2004, an inspector from the Illinois EPA inspected the Site
. At the
time of the inspection, the inspector observed a large volume of debris, including automobile
body parts, scrap wood and general refuse dumped at the Site
. The debris was located along the
shoulder of Myrtle Street and extended several feet from the street
. The variety, amount and
condition of the debris indicated the debris was generated from different sources over time
.
6.
On September 28, 2004, Illinois EPA sent a Violation Notice
("VN")
to the City
of Harvey advising Respondent that the accumulation of waste at the Site constituted violations
of the Act
. Harvey did not submit a response to the Illinois EPA within 45 days of receipt of the
VN.
7 .
On February 8, 2005, an Illinois EPA inspection revealed that Harvey still had
2
not removed the debris as described in paragraph 5 from the Site per the Agency's request
.
8 .
On April 26, 2005, the Illinois EPA again inspected the Site
. The inspection
revealed that the debris as described in paragraph 5 still had not been removed per the Agency's
request
. Respondent Harvey had taken no steps to discourage or prevent third parties from
dumping waste on the Site
; there was no fence, no signs prohibiting dumping and no visible
progress toward cleaning up the debris
.
9.
On June 1, 2005, Illinois EPA sent a Notice of Intent to Pursue Legal Action
("NIPLA") to City of Harvey
. Harvey did not respond to the NIPLA
.
10.
From a date prior to August 11, 2004, and continuing until at least April 26,
2005, on dates better known to Respondent, debris, including automobile body parts, scrap wood
and general refuse, was dumped and discarded at the Site
.
11 .
On October 4, 2005, the Illinois EPA inspector visited the Site and observed that
the debris described in paragraph 5 had been removed.
12.
Section 21 (a) of the Act, 415 ILCS 5/21 (a) (2004), provides, in pertinent part, as
follows :
No person shall :
(a)
Cause or allow the open dumping of any waste
.
∎
13 .
Section 3
.315 of the Act, 415 ILCS 5/3
.315 (2004), contains the following
definition:
"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
.
3
14.
The City of Harvey is a "person as hat term is defined in Section 3 .315 of the
Act, 415 ILCS 5/3 .315 (2004)
.
15 .
Section 3 .535 of the Act, 415 ILCS 5/3 .535 (2004), contains the following
definition :
"WASTE" means any garbage, sludge from a waste treatment
plant, water supply treatment plant, or air pollution control facility
or other discarded material, including solid, liquid, semi-solid, or
contained gaseous material resulting from industrial, commercial,
mining and agricultural operations, and from community
activities. . .
16.
Section 3 .385 of the Act, 415 ILLS 5/3 .385 (2004), provides as follows :
"REFUSE" means waste .
17.
The automobile body parts, scrap wood and general refuse discarded at the Site is
"waste" as that term is defined by Section 3 .535 of the Act, and therefore also "refuse" as defined
by Section 3.385 of the Act, 415 5/3 .535 and 3.385 (2004).
18 .
Section 3
.185 of the Act, 415 ILLS 5/3 .185 (2004), provides as follows :
"DISPOSAL" means the discharge, deposit, injection, dumping,
spilling, leaking or placing of any waste or hazardous waste into or
on any land or water or into any well so that such waste or
hazardous waste or any constituent thereof may enter the
environment or be emitted into the air or discharged into any
waters, including ground waters .
19.
Section 3
.460, of the Act, 415 ILLS 5/3 .460 (2004), provides as follows :
"SITE" means any location, place, tract of land, facilities,
including but not limited to buildings, and improvements used for
purposes subject to regulation or control by this Act or regulations
thereunder .
20 .
Harvey caused or allowed waste to be deposited on the Site in a manner that
4
exposed the waste to air and to the environment
. The Site is therefore a "disposal site" as those
terms are defined in the Act .
21 .
Section 3
.305 of the Act, 415 ILCS 5/3.305
(2004), contains the following
definition :
"OPEN DUMPING" means the consolidation of refuse from one
or more sources at a disposal site that does not fulfill the
requirements of a sanitary landfill
.
22
.
Section 3 .445 of the Act, 415 ILCS 5/3
.445 (2004), provides as follows
:
"SANITARY LANDFILL" means a facility permitted by the
Agency for the disposal of waste on land meeting the requirements
of the Resource Conservation and Recovery Act, P
.L. 94-580, . . .
23 .
At all times relevant to this Complaint, the Site was not permitted by the Illinois
EPA for the disposal of waste, and thus did not fulfill the requirements of a sanitary landfill as
defined in the Act .
24 .
By allowing third parties to discard of waste at the Site from at least August 11,
2004, until at least September 19, 2005, Harvey caused or allowed the open dumping of waste in
violation of Section 21(a) of the Act, 415 ILCS 5/21(a) (2004)
.
WHEREFORE, Complainant, the PEOPLE OF THE STATE OF ILLINOIS, respectfully
requests that the Board enter an order in favor of Complainant and against Respondent, CITY OF
HARVEY, on this Count I
:
1 .
Authorizing a hearing in this matter at which time Respondent will be required to
answer the allegations herein ;
2.
Finding that Respondent violated Section 21 (a) of the Act, 415 ILCS 5/21 (a)
(2004);
5
3 .
Ordering the Respondent to cease and desist from any future violations of Section
21(a) of the Act and pertinent regulations ;
4.
Assessing a civil penalty of Fifty Thousand Dollars ($50,000 .00) against the
Respondent for each violation of the Act, and an additional civil penalty of Ten Thousand
Dollars ($10,000) for each day of violation ;
5 .
Ordering Respondent to pay all costs, pursuant to Section 42(f) of the Act, 415
ILCS 5/42(f) (2004), including attorney, expert witness, and consultant fees expended by the
State in its pursuit of this action ; and
6 .
Granting such other relief as the Board deems appropriate and just .
COUNT II
CAUSING OR ALLOWING LITTER
1-24 . Complainant realleges and incorporates by reference herein paragraphs 1 through
23 of Count I as paragraphs 1 through 23 of this Count II .
25 .
Section 21(p) of the Act, 415 ILCS 5/21(p) (2004), provides, in pertinent part, as
follows:
No person shall :
(p)
In violation of subdivision (a) of this Section, cause or allow the open
dumping of any waste in a manner which results in any of the following
occurrences at the dump site :
(1)
litter ;
26.
Respondent, by its actions as alleged herein, has caused or allowed the open
6
dumping of waste, resulting in litter at the Site, and has thereby violated Section 21(p)(1) of the
Act, 415 ILCS 5/21(p)(1) (2004) .
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS, respectfully
requests that the Board enter an order in favor of Complainant and against Respondent, CITY OF
HARVEY, on this Count II
:
1 .
Authorizing a hearing in this matter at which time the Respondent will be required
to answer the allegations herein
;
2 .
Finding that the Respondent has violated Section 21(p)(1) of the Act ;
3
.
Ordering the Respondent to cease and desist from future violations of Section
21(p)(1) of the Act ;
4.
Assessing a civil penalty of Fifty Thousand Dollars ($50,000) against the
Respondent for each violation of the Act, and an additional civil penalty of Ten Thousand
Dollars ($10,000) for each day of violation ;
5 .
Ordering the Respondent 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
6.
Granting such other relief as the Board deems appropriate and just
.
7
Of Counsel :
Vanessa A
. Vail
Assistant Attorney General
Environmental Bureau
188 W
. Randolph Street, 20th Floor
Chicago, IL
60601
(312) 814-5361
BY:
PEOPLE OF THE STATE OF ILLINOIS,
ex rel.
LISA MADIGAN,
Attorney General of the State
of Illinois
MATTHEW J . DUNN, Chief
Environmental Enforcement/
os Litigation Division
ROS
AZE
Environmental Burea
Assistant Attorney Genera
8
RECEIVEDCLERKS
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
AUG 0 "
2006
PEOPLE OF THE STATE OF ILLINOIS,
Pollution
STATE OFControl
IL
Board
Complainant,
)
vs .
)
No. PCB 07- l/"
(Enforcement - Land)
The CITY OF HARVEY,
)
a municipal corporation in the
)
State of Illinois,
)
Respondent.
)
AGREED MOTION TO REOUEST RELIEF
FROM THE HEARING REOUIREMENT
In support of this Motion, the parties state as follows :
1 .
Today, the People of the State of Illinois, filed a Stipulation and Proposal for
Settlement, with the Illinois Pollution Control Board
.
2 .
Section 31(c)(2) of the Illinois Environmental Protection Act,
("Act"),
415 ILCS
5/31(c)(2)(2004) provides as follows
:
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) . . . .
3
.
Complainant and Respondent agree that a formal hearing is not necessary to
conclude this matter and wish to avail themselves of Section 31(c)(2) of the Act, 415 ILCS
5/31(c)(2)(2004) .
WHEREFORE, Complainant and Respondent request relief from the hearing requirement
pursuant to Section 31(c)(2) of the Act .
BY:
DATE : August 4, 2006
GdEnwonmeoul Enforcement\RM CAZEAG\City of Hmvcy Motto Req Relief 9-2-ob.wpd
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN
Attorney General
State of Illinois
MATTHEW J . DUNN, Chief
Environmental Enforcement/
Asbestos Litigation Division
RO
Environmental BureauAZEAU,
Chraf~
Assistant Attorney General
188 West Randolph Street, 20th Fl .
Chicago, Illinois 60601
(312) 814-3094
2
RECEIVED
CLERK'S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
AUG
04 20CS
STATE OF ILLINOIS
PEOPLE OF THE STATE OF ILLINOIS,
)
Pollution Control
Board
V .
PCB No . 07-
0
(Enforcement - Land)
The CITY OF HARVEY,
a municipal corporation in the
State of Illinois,
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 the CITY OF
HARVEY, an Illinois municipality, ("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
herein, shall be introduced into evidence in any other proceeding
regarding the claims asserted in the Complaint except as
Complainant,
1
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 .
III . STATEMENT OF FACTS
A
.
Parties
1 .
On August 4, 2006, 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
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 municipality in Cook County duly organized and
existing under the Illinois Municipal Code, 65 ILCS 5/1-1, et
seq . (2004) .
B .
Site Description
1 .
At all times relevant to the Complaint, Respondent
owned an undeveloped parcel situated within t$e right-of-way of
Myrtle Street, south of 148th
Street and north of the B & 0
Railroad property in Harvey, Cook County, Illinois
("Site") .
2
. On August 11, 2004, debris, including automobile body
parts, scrap wood and general refuse was stored and/or disposed
of on the Site .
3 .
On February 8, 2005, accumulation of waste remained on
the Site .
4 .
On April 26, 2005, the Site was in the same condition
as on February 8, 2005
.
5 .
On or prior to October 4, 2005, on a date better known
to Respondent, the waste wass removed from the Site by the
Respondent
.
3
C .
Allegations of Non-Compliance
Complainant contends that
the Respondent has
violated the
following provisions of the Act and Board regulations
:
Count I :
Open dumping of waste, in violation of Sections
21(a) of the Act, 415 ILCS 5/21(a) (2004)
.
Count II :
Open dumping of waste, in violation of Section
21(p)(1) of the Act, 415 ILCS 5/21(p)(1) (2004)
.
D .
Response to Allegations
The Respondent neither admits nor denies the violations
alleged in the Complaint filed in this matter and referenced
within Section III .C herein .
E .
Compliance Activities to Date
Debris, including automobile body parts, scrap wood and
general refuse, has been removed from the Site by the Respondent,
and Respondent has completed the removal activities
.
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
4
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 .
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 Site, the Respondent shall continue to be bound
by and remain liable for performance of all obligations under
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
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 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 .
Complainant alleges that the violations threatened
human health and the environment by allowing waste to accumulate
in an open area .
2 .
There is no social and economic benefit to allowing
dumping of waste onto public property .
3 .
The Site is public property and is not suitable for
dumping waste .
4 .
It is both technically practicable and economically
reasonable to dispose of waste from the Site at regulated
disposal facilities .
5 .
Respondent has subsequently complied with the Act and
the Board Regulations .
6
VII .
CONSIDERATION OF SECTION 42(h) FACTORS
Section 42(h) of the Act, 415 ILLS 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
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 .
7
In response to these factors, the parties state as
follows :
1 .
Complainant has alleged that the violations
continued
from at least August 11, 2004 until approximately October 4,
2005 .
2 .
Respondent was not diligent in removing the
accumulation of waste once the Illinois EPA notified it of its
noncompliance . Respondent was notified of its noncompliance on
several occasions, but subsequent inspections of the Site
indicated the waste remained . Respondent did not post any signs
at the Site prohibiting dumping to prevent reoccurrences of
unauthorized disposal of waste .
3 .
The penalty obtained negates any economic benefit
accrued as a result of Respondent's non-compliance
.
4 .
Complainant has determined, based upon the specific
facts of this matter, that a penalty of Ten Thousand Dollars
($10,000 .00) will serve to deter further violations and aid in
future voluntary compliance with the Act and Board regulations
.
5 .
Respondent has been a party to an enforcement action in
the past, and on at least one occasion admitted open dumping
municipal and/or landscape waste at another site
. On October 7,
1999, Respondent signed a Consent Order in a case involving open
dumping
. In the Consent Order, Respondent admitted the
violations .
6 .
There was no self-disclosure .
8
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
Ten Thousand Dollars ($10,000
.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
P .O . Box 19276
Springfield, IL 62794-9276
The name and number of the case and Respondent's Federal Employer
Identification Number (FEIN) shall appear on the check . A copy
9
of the certified check,
money order or record of electronic funds
transfer and any transmittal letter shall be sent to
:
VANESSA VAIL
Assistant Attorney General
Environmental Bureau
188 W . Randolph St ., 20 th
Floor
Chicago, Illinois 60601
MARK GURNIK
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 .
3 .
For purposes of payment and collection, Respondent may
be reached at the following address :
10
Ms . Bettie Lewis
City of Harvey Corporation Counsel
15320 Broadway
Harvey, Illinois 60426
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
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)(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
.
11
C .
Cease
and Desist
The Respondent shall cease and desist from future violations
of the Act that were the subject matter of the Complaint as
outlined in Section III .C ("Allegations of Non-Compliance") of
this Stipulation
.
D .
Release and Liability
In consideration of the Respondent's payment of the
$10,000 .00 penalty and any specified costs and accrued interest,
its commitment to Cease and Desist as contained in Section VIII
.C
and upon the Pollution Control Board's acceptance and approval of
the terms of the Stipulation and Proposal for Settlement, the
Complainant releases, waives and discharges the Respondent from
any further liability or penalties for violations of the Act 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 August 4,
2006
. 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 ;
12
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
.315 of the Act, 415 ILCS 5/3 .315, or entity other than the
Respondent .
E .
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
.
13
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 .
F .
Execution of Document
This Stipulation shall become effective only when executed
by all parties and the Board . This Stipulation may be executed
by the parties in one or more counterparts, all of which taken
together, shall constitute one and the same instrument .
14
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
BY :
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY
BY
:
RO
CAZ U,
Envi nmenta ure
Assistant Attorney General
RO RT A . MESSIN
Chief Legal Counsel
CITY OF HARVEY
BY :
Name :
Title :
15
DATE :
DATE :
-7/31/06
DATE :
WHEREFORE, Complainant and Respondent request that the Hoard
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
BY :
ROSEMARIE CAZEAU, Chief
Environmental Bureau
Assistant Attorney General
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY
BY :
ROBERT A
. MESSINA
Chief Legal Counsel
CITY OF HARVEY
BY :
15
DATE :
DATE :
1ho+ ,cs1 &,
J
DATE : QOS c ( , 2, c) (3 ')
Name : c.
~
Title : V\
GiEmironmcntalEnforccmcnt i CAZEAl1/Cltyof Harvey NOF&Cenificam8-0-0b
.wpd
CERTIFICATE OF SERVICE
I, ROSEMARIE CAZEAU, an Assistant Attorney General, do certify that I caused to be
served on this 4th day of August 2006, the foregoing Notice of Filing, Complaint, an Agreed
Motion for Relief from the Hearing Requirement, and Stipulation and Proposal for Settlement,
upon the persons listed on said Notice by placing same in an envelope bearing sufficient postage
with the United States Postal Service located at 100 West Randolph Street, Chicago, Illinois
.
