BEFORE
    THE ILLINOIS POLLUTION
    CONTROL
    BOARD
    PEOPLE
    OF THE STATE
    OF ILLINOIS,
    )
    Complainant,
    )
    SEP
    02
    2008
    STATEOILJ,O
    V.
    )
    PCB No. 07-42
    11Ut!On
    Control
    8Od
    )
    (Enforcement)
    ENVIRONMENTAL
    RECLAMATION
    )
    COMPANY,
    an Illinois
    corporation,
    )
    )
    Respondent.
    )
    NOTICE
    OF
    FILING
    To:
    Brian
    Konzen
    Lueders,
    Robertson
    & Konzen LLC
    1939
    Delmar
    Avenue
    P.O.
    Box 735
    Granite City, IL 62040-0735
    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
    MATTHEW
    J.
    DUNN, Chief
    Environmental
    Enforcement/Asbestos
    Litigation
    Division
    BY:___
    ANDREW
    J
    ICHOLAS
    Assistant
    Attorney General
    Environmental
    Bureau
    500 South Second
    Street
    Springfield,
    Illinois 62706
    217/782-9031
    Dated:
    August 28, 2008

    CERTIFICATE
    OF
    SERVICE
    I hereby certify that I did on August 28, 2008, 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:
    Brian Konzen
    Lueders, Robertson
    &
    Konzen LLC
    1939 Delmar
    Avenue
    P.O. Box 735
    Granite City, IL 62040-0735
    and the original and ten copies by First Class Mail with postage thereon fully
    prepaid
    of the
    same
    foregoing instrument(s):
    To:
    John T.
    Therrault, Assistant 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
    ANDREW
    J.
    NIq4OLAS
    Assistant Attorney
    General
    This filing is submitted on recycled
    paper.

    BEFORE
    THE ILLINOIS
    POLLUTION
    CONTROL
    BOARD
    PEOPLE
    OF
    THE
    STATE OF ILLINOIS,
    )
    fiK’S
    Complainant,
    )
    SEp
    v.
    )
    PCB No. 0742
    POI1UtOnf
    S
    )
    (Enforcement)
    ENVIRONMENTAL
    RECLAMATION
    )
    COMPANY,
    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
    (“AcV’), 415
    ILCS 5/31(c)(2)
    (2006),
    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
    5131(c)(1)
    (2006). 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)
    (2006).
    1

    WHEREFORE,
    Complainant,
    PEOPLE
    OF THE
    STATE
    OF
    ILLINOIS,
    hereby
    requests
    thatthe
    Board
    grant
    this motion
    for
    relief from
    the
    hearing
    requirement
    set forth
    in Section
    31(c)(1)ôf
    the
    Act,
    415
    ILCS
    5/31(c)(1)
    (2006).
    Respectfully
    submitted
    PEOPLE
    OF
    THE
    STATE
    OF
    ILLINOIS
    LISA
    MADIGAN
    ATTORNEY
    GENERAL
    MATTHEW
    J.
    DUNN,
    Chief
    Environmental Enforcement/Asbestos
    Litigation
    Division
    BY:________
    ANDREWJ.
    NICHOLAS
    Environmental
    Bureau
    Assistant
    Attorney
    General
    500
    South
    Second
    Street
    Springfield,
    Illinois
    62706
    217/782-9031
    Dated:
    August
    28,
    2008
    2

    ED
    SEP
    022008
    ENVIRONMENTAL
    RECLAMATION
    )
    PolIutjo
    STATE
    OFILL1N
    Control
    S
    Oard
    COMPANY,
    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 ENVIRONMENTAL
    RECLAMATION COMPANY,
    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
    stipulation
    of
    facts is
    made
    and agreed upon
    for purposes
    of settlement only
    and as a
    factual
    basis for the Board’s
    approval of this
    Stipulation and
    issuance
    of
    relief.
    None of the
    facts
    stipulated herein shall
    be introduced into
    evidence
    in any
    other proceeding
    regarding
    the
    violations
    of
    the
    Illinois
    EnvironmentalProtection
    Act (“Act”), 415 ILCS
    5/1
    et seq.
    (2006), and
    the Board’s
    Regulations,
    alleged in the Complaint
    except as
    otherwise provided
    herein. It is
    the
    intent of the parties
    to this Stipulation
    that it
    be
    a final
    adjudication of
    this matter.
    I. STATEMENT
    OF FACTS
    A.
    Parties to the Stipulation
    1.
    On
    November
    20,
    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
    BEFORE
    THE ILLINOIS
    PEOPLE
    OF THE STATE
    OF ILLINOIS,
    Corn
    plai nant,
    vs.
    POLLUTION
    CONTROL
    BOARD
    )
    PCB
    No. 07-42
    )
    (Enforcement)
    1

    5/31(2006), 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 (2006).
    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. At all times
    relevant
    to
    the
    Complaint, Respondent owned
    and
    operated
    a “sanitary landfill”
    as such term is defined
    at
    Section
    3.445 of the Act, 415 ILCS 5/3.445 (2006),
    pursuant to Landfill Permit
    Number 1994-
    524-LFM (‘the
    permit”)
    at West Route 316, Charleston, Coles
    County, Illinois (“site”).
    4.
    Provisions of the permit include prohibitions
    against litter and storm water runoff
    causing
    off-site
    impacts.
    5.
    Respondent’s facility is adjacent
    to
    Riley Creek.
    6.
    On
    March 23, 2004, the Illinois EPA
    inspected
    the landfill and investigated
    the
    site
    conditions,
    including storm water runoff and erosion controls. The Complainant alleges
    that
    the west
    side of the
    landfill, the ditch between the county road and another ditch closer
    to the
    landfill (respectively,
    the “road ditch” and the “landfill ditch”) was full of silt and sediment
    washed
    down from
    the slope of the
    landfill. The vegetation
    on the
    lower slope was
    inadequate
    to
    capture the sedimentation
    from the bare earth portions of the upper slope on the western
    face
    of
    the landfill. The
    road ditch drains into Riley Creek.
    7.
    On
    June 15, 2004, the Illinois EPA inspected the landfill and investigated
    the
    runoff and
    other problems
    documented during
    the previous inspection. Complainant
    alleges
    that
    the
    Respondent failed to
    adequately provide
    for heavy storm water runoff resulting in
    sedimentation
    in the road
    ditch again.
    Complainant
    also
    alleges that a
    six-inch
    erosion
    gully
    was
    present
    on the west
    side
    of the
    landfill.
    8.
    On August 3,
    2004, the Illinois
    EPA inspected the landfill and investigated
    the
    2

    runoff
    and
    other
    problems
    documented during
    the
    previous
    inspections.
    Litter was
    not
    observed. The Respondent
    had
    installed a sedimentation
    fence and planned
    to place
    check
    bales
    and other
    devices
    in the road
    ditch to prevent sediment
    from flowing into
    the creek.
    9.
    On October
    19, 2004,
    the
    Illinois EPA inspected
    the landfill and
    investigated
    alleged runoff
    and other alleged
    problems
    documented
    during the
    previous inspections.
    The
    Complainant
    alleges there
    was
    heavy
    sedimentation in the
    road
    ditch,
    turbid water flowing
    toward
    and discharging into
    Riley Creek
    and some of the sedimentation
    fence had
    washed
    away and
    check
    bales
    recently
    placed in the road ditch
    were no
    longer
    in the ditch. Litter
    was
    not present, but
    Complainant
    alleges
    that exposed waste
    was sticking out from
    the cover
    material
    and that there was
    uncovered refuse
    in the active area
    from the previous
    operating
    day.
    10.
    On
    December
    2, 2004, the Illinois
    EPA inspected
    the landfill
    and investigated
    the
    runoff
    and other
    problems
    documented during the
    previous inspections.
    While the
    road
    ditch
    was
    still full of sediment,
    the
    check bales
    had been replaced
    and secured,
    thereby
    allowing
    relatively
    clear
    water
    to
    discharge into the creek.
    11.
    On March 8, 2005, the
    Illinois EPA inspected
    the
    landfill
    and determined
    that it
    was
    in
    compliance with its
    permit and other requirements.
    B.
    Allegations
    of Non-Compliance
    Complainant
    and the Illinois EPA
    contend that
    the Respondent has
    violated
    the
    following
    provisions
    of the Act and Board
    Regulations:
    Count I:
    By failing to properly
    cover landfill
    waste by placing
    a
    uniform layer
    of
    at
    least six
    inches of clean
    soil material
    on
    top of
    the
    landfill
    waste
    by the end of each
    day of
    operation,
    the
    Respondent has violated
    its permit
    and
    Section
    811.106(a)
    of the Board’s
    Waste
    Disposal
    Regulations,
    35111. Adm.
    Code Section
    811.106(a), and
    thereby
    violated Sections
    21(d) and 21(o)
    of the Act, 415
    ILCS 5/21(d) and
    (o)
    (2006).
    3

    Count II:
    Respondent
    has
    caused, threatened
    or allowed
    the
    discharge of
    silt,
    sediment
    and other contaminants
    into
    Riley Creek
    so as to
    cause or tend
    to
    cause
    water
    pollution, and thereby
    violated
    Secfion
    12(a)
    of the Act,
    415 ILCS 5/12(a)
    (2006).
    Respondent
    is not permitted
    by
    the Agency
    in accordance
    with
    35
    III.
    Adm. Code
    309 for
    its discharges of
    runoff from disturbed
    areas
    to waters of
    the State
    and has otherwise
    failed to comply
    with
    Section
    811.103(a)
    of the Board’s
    Waste Disposal
    Regulations,
    35
    Ill.
    Adm. Code 811.103(a).
    Respondent
    has
    caused,
    threatened
    or allowed the
    discharge
    of
    silt,
    sediment
    and
    other contaminants
    into
    Riley Creek
    without
    an
    NPDES
    permit for point
    source
    discharges
    issued
    by
    the Agency,
    and thereby violated
    Section
    12(f)
    of the
    Act,
    415
    ILCS
    5/12(f) (2006).
    By failing
    to properly
    control
    storm water
    runoff from the
    site,
    the Respondent
    has violated its permit
    and thereby
    violated
    Section 21(d)
    of the Act, 415
    ILCS
    5/21(d)
    (2006).
    C.
    Non-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
    l.B herein,
    and
    this
    Stipulation
    shall
    not be interpreted as
    including
    such
    admission.
    D.
    Compliance
    Activities
    to
    Date
    Following
    the March
    and June 2004
    inspections and
    noted violations,
    the Respondent
    excavated
    the accumulated
    sediment
    from
    the drainage
    ditch and
    installed storm
    water fences
    and
    check bales
    to
    resolve the
    drainage issues.
    Additionally,
    Respondent
    performed
    a
    number
    of improvements to
    address its closure
    and
    erosion
    issues,
    including
    re-grading and soil
    replacement.
    Following
    the October
    2004 inspection
    and
    noted violations, the
    Respondent
    installed
    drainage basins
    to collect runoff
    and sedimentation.
    4

    II.
    APPLICABILITY
    This
    Stipulation
    shall
    apply
    to
    and be
    binding
    upon
    the
    Complainant,
    the
    Illinois EPA
    and
    the
    Respondent,
    and
    any officer,
    director,
    agent,
    or
    employee
    of
    the Respondent,
    as
    well
    as
    any successors
    or assigns
    of
    the Respondent.
    The Respondent
    shall
    not
    raise
    as
    a
    defense
    to
    any
    enforcement
    action
    taken
    pursuant
    to
    this Stipulation
    the
    failure
    of any
    of its
    officers,
    directors,
    agents,
    employees
    or
    successors
    or
    assigns
    to
    take
    such
    action
    as shall
    be
    required
    to
    comply
    with
    the
    provisions
    of this
    Stipulation.
    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
    for all
    violations
    alleged
    in the
    Complaint
    in
    this
    matter,
    for
    purposes
    of
    Sections
    39
    and
    42 of
    the
    Act,
    415
    ILCS
    5/39
    and
    42
    (2006).
    III.
    IMPACT
    ON
    THE
    PUBLIC
    RESULTING
    FROM
    ALLEGED
    NON-COMPLIANCE
    Section
    33(c)
    of
    the
    Act,
    415
    ILCS
    5133(c)(2006),
    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:
    5

    1.
    Complainant
    contends
    that the
    injury
    to, or
    interference
    with,
    the
    protection
    of
    the
    health,
    general
    welfare,
    and physical
    property
    of
    the People,
    would
    be characterized
    as
    water
    and
    land
    pollution
    and
    the degree
    of
    injury was
    minimized
    due
    to the corrective
    action;
    2.
    The parties
    agree
    that
    Respondent’s
    site
    is of social
    and
    economic
    benefit;
    3.
    Respondent’s
    site is
    suitably
    located
    along
    West Route
    316
    in Coles
    County;
    4.
    The
    parties
    agree
    that complying
    with the
    Act,
    regulations
    and
    the landfill
    permit
    is technically
    practicable
    and
    economically
    reasonable;
    and
    5.
    Respondent
    implemented
    measures
    before
    and
    subsequent
    to the
    alleged
    violations
    that
    are
    the
    subject
    of the
    Complaint
    in this
    matter
    in
    order
    to operate
    in
    compliance
    with
    the Act
    and
    Regulations.
    IV.
    CONSIDERATION
    OF SECTION
    42(h)
    FACTORS
    Section
    42(h)
    of the
    Act,
    415 ILCS
    5/42(h)(2006),
    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
    6

    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 Respondent
    failed
    to
    comply with
    the provisions
    of its landfill
    permit. The
    violations began
    in or around
    May 2004
    and continued
    intermittently
    until October
    2004.
    The Respondent
    resolved
    the
    individual
    violations
    at
    various
    times
    after
    notification
    of
    noncompliance.
    2.
    The
    parties agree
    Respondent
    was successful
    in remedying violations
    after
    notification. It remains
    disputed
    whether
    the Respondent
    lacked diligence in
    maintaining
    its
    compliance
    up to
    the
    date of the
    next inspection.
    3.
    The
    Respondent
    did not accrue
    any economic benefit
    from non-compliance.
    4.
    Complainant and
    the Illinois EPA
    have determined,
    based
    upon the specific
    facts
    of this
    matter,
    that a penalty
    of
    eight thousand
    five
    hundred
    dollars
    ($8,500.00) will
    serve
    to deter further violations
    and aid
    in future
    voluntary
    compliance
    with the Act
    and Board
    regulations.
    5.
    The
    Illinois EPA
    pursued similar
    allegations
    through
    Administrative
    Citation in
    the
    2004 calendar year
    and sought
    a one thousand
    dollar
    ($1,000.00) penalty from
    the
    Respondent.
    6.
    Self-disclosure
    is not
    at issue in this matter.
    7.
    The settlement of
    this
    matter
    does not include
    a supplemental
    environmental
    7

    project.
    V. TERMS
    OF SETTLEMENT
    A.
    Penalty
    Payment
    1.
    The Respondent
    shall
    pay
    a civil penalty
    in the
    sum of
    Eight Thousand
    Five
    Hundred
    Dollars
    ($8,500.00)
    within
    thirty
    (30)
    days from
    the
    date the Board
    adopts
    and
    accepts
    this Stipulation.
    B.
    Stipulated
    Penalties,
    Interest
    and
    Default
    1.
    If the
    Respondent
    fails
    to make
    any
    payment
    required
    by
    this
    Stipulation
    on
    or
    before the
    date upon
    which
    the
    payment is
    due,
    the
    Respondent
    shall
    be
    in default
    and
    the
    remaining
    unpaid
    balance
    of
    the penalty,
    plus
    any
    accrued
    interest,
    shall
    be due and
    owing
    immediately.
    In the event
    of default,
    the
    Complainant
    shall
    be entitled
    to reasonable
    costs of
    collection,
    including
    reasonable
    attorney’s
    fees.
    2.
    Pursuant
    to
    Section
    42(g)
    of the
    Act, interest
    shall
    accrue on
    any penalty
    amount
    owed
    by the Respondent
    not
    paid within
    the time
    prescribed
    herein,
    Interest
    on unpaid
    penalties
    shall
    begin
    to
    accrue
    from the
    date such
    are
    due
    and continue
    to accrue
    to
    the date
    full payment
    is
    received.
    Where
    partial
    payment
    is
    made
    on
    any
    penalty
    amount
    that is due,
    such
    partial
    payment
    shall be first
    applied
    to any
    interest
    on
    unpaid penalties
    then owing.
    C.
    Payment
    Procedures
    All payments
    required
    by this Stipulation
    shall be
    made
    by
    certified check
    or
    money
    order
    payable
    to the
    Illinois
    EPA for
    deposit into
    the
    Environmental
    Protection
    Trust
    Fund
    (‘EPTF”).
    Payments
    shall be
    sent by first
    class
    mail
    and delivered
    to:
    Illinois
    Environmental
    Protection
    Agency
    Fiscal
    Services
    1021
    North
    Grand
    Avenue East
    P.O.
    Box
    19276
    Springfield,
    IL
    62794-9276
    8

    The
    name,
    case number
    and the Respondent’s federal
    tax
    identification
    number
    shall appear
    on the check or money order. A copy
    of the certified check
    or money order
    and any
    transmittal
    letter shall be sent to:
    Environmental
    Bureau
    Illinois Attorney General’s Office
    500 South Second Street
    Springfield, IL
    62706
    D.
    Future Compliance
    1.
    The
    Respondent shall inspect all
    storm water devices
    weekly and following
    any
    precipitation event over
    %
    inch in
    a
    24hour period. Inspections
    shall
    beciocumented
    in written
    form and available to the Illinois EPA upon request.
    2.
    The
    Respondent shall
    make temporary repairs to storm
    water devices within
    24
    hours of detection, and permanent
    repairs are
    to be completed within thirty
    (30) calendar
    days
    of detection.
    3.
    In
    addition
    to any other
    authorities, the Illinois
    EPA, its employees
    and
    representatives, and the
    Attorney General, her employees
    and representative, 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 conducting inspections and evaluating
    compliance
    status. 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.
    4.
    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.
    E.
    Release
    from Liability
    9

    In consideration of the Respondent’s
    payment of the
    $8,500.00
    penalty, completion
    of
    all activities required hereunder,
    and upon the Board’s approval of this Stipulation, the
    Complainant releases, waives
    and
    discharges the
    Respondent from any
    further liability
    or
    penalties for the 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 November 20,
    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;
    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
    (2006), or entity other than the
    Respondent.
    F.
    Correspondence, Reports and Other Documents
    Any and
    all correspondence, reports and any other documents
    required
    under this
    Stipulation,
    except for
    penalty
    payments,
    shall
    be
    submitted as follows:
    As to the
    Complainant
    Andrew
    J.
    Nicholas
    Assistant Attorney
    General
    10

    Environmental
    Bureau
    500
    South Second
    Street
    Springfield,
    Illinois
    62706
    As to the
    Illinois
    EPA
    Kyle
    Davis
    Assistant
    Counsel
    Illinois
    Environmental
    Protection
    Agency
    1021
    North
    Grand Avenue
    East
    P.O. Box
    19276
    Springfield,
    IL
    62794-9276
    Dustin Berger
    Inspector
    Illinois
    EPA
    1021 North
    Grand
    Avenue
    East
    P.O.
    Box
    19276
    Springfield,
    IL
    62794-9276
    As to
    the
    Respondent
    CT
    Corporation
    System
    Registered
    Agent
    208
    S.
    LaSalle
    St., Suite 814
    Chicago,
    IL
    60604
    Brian Konzen
    Lueders,
    Robertson
    & Konzen,
    LLC
    1939
    Delmar
    Ave.
    P.O.
    Box
    735
    Granite
    City, IL 62040
    G.
    Enforcement
    and
    Modification
    of
    Stipulation
    1.
    Upon
    the entry
    of the Board’s
    Order
    approving
    and
    accepting
    this
    Stipulation,
    that
    Order is
    a
    binding
    and
    enforceable
    order of
    the Board
    and may
    be enforced
    as such
    through
    any and all
    available
    means.
    H.
    Execution
    of
    Stipulation
    The undersigned
    representatives
    for each
    party
    to this Stipulation
    certify
    that
    they are
    fully
    authorized
    by the
    party
    whom
    they represent
    to
    enter
    into
    the
    terms
    and conditions
    of
    this
    11

    Stipulation and to legally
    bind them
    to it.
    WHEREFORE, the parties to this Stipulation 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
    FOR THE ILLINOIS ENVIRONMENTAL
    State of Illinois
    PROTECTION
    AGENCY
    DOUGLAS P. SCOTT, Director
    MATTHEW
    J.
    DUNN, Chief
    Illinois Environmental Protection
    Agency
    Environmental Enforcement!
    Asbestos
    Litigation Division
    BY:
    THOMAS DAVIS,
    Chief
    /2
    .
    Environmental Bureau
    Ass
    istant Attorney
    General
    BY:
    /
    /7
    / v
    ROBER
    A. MESSINA
    DATE:
    /
    0
    Chief
    Legal Counsel
    DATE:
    ENVIRONMENTAL
    RECLAMATION
    COMPANY
    BY:_____________________
    Name:
    Title:
    12

    /7
    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.
    WHEREFORE,
    the
    parties
    to this
    Stipulation
    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:
    FOR
    THE ILLINOIS
    ENVIRONMENTAL
    THOMAS
    DAVIS,
    Chief
    PROTECTION
    AGENCY
    Environmental
    Bureau
    Assistant
    Attorney
    General
    DOUGLAS
    P.
    SCOTT,
    Director
    DATE:
    /‘2
    7/ô
    y
    Illinois
    Environmental
    Protection
    Agency
    ENVIRONMENTAL RECLAMATION
    COMPANY
    BY:
    BY.
    ROBERTA.
    MESSINA
    a
    /,)
    Chief
    Legal
    Counsel
    Name:
    Title:
    DATE:
    “7’
    12

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