r
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
LISA MADIGAN, Attorney General of the
)
State of Illinois,
)
)
1
Complainant,
1
1
PCB 07-049
)
)
(Enforcement
-
Water)
v.
1
)
1
)
CITY OF WOODSTOCK, an Illinois
1
municipal corporation,
Respondent.
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 Respondent City of Woodstock, a copy of
which is attached and hereby served upon you.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS,
LISA
MADIGAN,
Attorney General of the State of Illinois
B~:-(-
v
KATHERINE M. H~~SRATH
Assistant Attorney General
Environmental Bureau
69
W. Washington, 1 gth lo or
Chicago, IL 60602
(3 12) 8 14-0660
Electronic Filing, Received, Clerk's Office, April 17, 2007
SERVICE LIST
Carlos S. ArCvalo
Zukowski, Rogers, Flood
&
McArdle
50 Virginia Street
Crystal Lake, Illinois 600
14
Mr. Bradley P. Halloran, Hearing Officer
Illinois Pollution Control Board
James
R. Thompson Center
100 West Randolph, Suite 1 1-500
Chicago, IL 60601
Electronic Filing, Received, Clerk's Office, April 17, 2007
t
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
1
LISA MADIGAN, Attorney General of the
)
State of Illinois,
)
1
1
Complainant,
)
1
PCB 07-049
)
1
(Enforcement
-
Water)
v.
1
)
1
1
CITY OF WOODSTOCK, an Illinois
1
municipal corporation,
Respondent.
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 January 4,2007, the Complaint was accepted for hearing by the
Pollution Control Board ("Board") in this matter. On April 17,2007, a Stipulation and
Proposal for Settlement with Respondent City of Woodstock was filed with the Board. If
accepted, the Stipulation and Proposal for Settlement will dispose of the case.
2.
Section
31(c)(2) of the Illinois Environmental protection Act ("Acty'), 415
ILCS
513
1(c)(2) (2004), allows the parties in certain enforcement cases to request relief
Electronic Filing, Received, Clerk's Office, April 17, 2007
L
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 2 1 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.
Both parties agree that a hearing on the Stipulation and Proposal for
Settlement is not necessary, and respectfully request relief from such hearing as allowed
by Section
3l(c)(2) of the Act, 415 ILCS 5/31(c)(2) (2004).
WHEREFORE, the Complainant, PEOPLE OF THE STATE OF ILLINOIS, by
LISA
MADIGAN, Attorney General of the State of Illinois, respectfully requests that the
Board grant this motion for relief from the hearing requirement set forth in Section
3 1
(c)(l) of the Act, 41 5 ILCS 513 1 (c)(l) (2004).
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS,
LISA
MADIGAN,
Attorney General of the State of Illinois
-1
ld~
\
I
L
KATHERINE M./&USRATH
Assistant Attorney General
Environmental Bureau
69 W. Washington St., 18th Floor
-
Electronic Filing, Received, Clerk's Office, April 17, 2007
Chicago, Illinois 60602'
(3 12) 8 14-0660
Electronic Filing, Received, Clerk's Office, April 17, 2007
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
LISA MADIGAN, Attorney General of the State
) ,
of Illinois,
)
1
)
Complainant,
1
)
PCB 07-049
1
1
(Enforcement
-
Water)
v.
1
1
1
)
CITY OF WOODSTOCK, an Illinois municipal
)
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 CITY OF WOODSTOCK ("Respondent" or
"Woodstock"), 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
1
Electronic Filing, Received, Clerk's Office, April 17, 2007
otherwise provided herein. If the Board approves and enters this Stipulation, Woodstock 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"), 41 5 ILCS
511
et
seq.
11.
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.
111.
STATEMENT OF FACTS
A.
Parties
1.
On December 21,2006, 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 3 1 of the Act, 41 5 ILCS
513 1 (2004),
against Woodstock.
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).
2
Electronic Filing, Received, Clerk's Office, April 17, 2007
3.
At all times relevant to the Complaint, Woodstock was and is an Illinois
municipal corporation, duly organized and existing under the laws of the State of Illinois.
B.
Site Description
1.
At all times relevant to the Complaint, Respondent Woodstock owned and
operated the Woodstock South Wastewater Treatment Plant ("Woodstock South WWTP"). The
Woodstock South WWTP is located at 800 Dieckman Street in Woodstock,
McHenry County,
Illinois, and serves the south side of Woodstock.
2.
The Woodstock South WWTP discharges effluent to the Kishwaukee River
pursuant to National Pollutant Discharge Elimination System
("NPDES") Permit No.
-
IL0034282.
3.
Sometime before October 2005, on a date better known to Woodstock,
Woodstock installed a wastewater spray irrigation system appurtenant to the Woodstock South
WWTP for use at a nearby athletic field.
C.
Allegations of Non-Compliance
Complainant contends that Woodstock has violated the following provisions of the Act
and Board regulations:
Count
I:
Construction Without a Permit, in violation of Section 12(b) of the Act,
415 ILCS
5/12(b) (2004), and 35 Ill. Adm. Code 309.202(a).
Count 11:
Violation of NPDES Permit, in violation of Section 12(f) of the Act, 415
ILCS
5/12(f) (2004).
Electronic Filing, Received, Clerk's Office, April 17, 2007
D.
Admission of Violations
Woodstock 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, Woodstock does not affirmatively
admit the allegations of violation within the Complaint and referenced within Section
1II.C
herein, and this Stipulation shall not be interpreted as including such admission.
E.
Compliance Activities to Date
On February 21,2006, Woodstock submitted to the Illinois EPA an application for a
construction and operating permit for the wastewater spray irrigation system. On April 20, 2006,
the Illinois EPA issued a construction and operating permit to Woodstock for the wastewater
spray irrigation system. Woodstock's NPDES permit need not be amended provided Woodstock
complies with the conditions of the construction and operating permit for the spray irrigation
system.
IV.
APPLICABILITY
This Stipulation shall apply to and be binding upon the Complainant
and Woodstock, and
any officer, director, agent, or employee of Woodstock, as well as any successors or assigns of
Woodstock. Woodstock 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.
Electronic Filing, Received, Clerk's Office, April 17, 2007
V.
COMPLIANCE WITH OTHER LAWS AND REGULATIONS
This Stipulation in no way affects the responsibilities of Woodstock 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.
I
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
fi-om such
pollution source; and
5.
any subsequent compliance.
In response to these factors, the parties state the following:
1.
Human health and the environment were threatened and the Illinois EPAYs
information gathering responsibilities were hindered by Woodstock's violations.
2.
There is a social and economic benefit to the athletic field where the spray
irrigation system in question is located.
5
Electronic Filing, Received, Clerk's Office, April 17, 2007
3.
Construction of the wastewater spray irrigation system was suitable for the
athletic complex.
4.
Obtaining a permit prior to construction at the Woodstock South WWTP was both
technically practicable and economically reasonable.
5.
Woodstock.has subsequently complied with the Act and the Board Regulations.
I
VII.
CONSIDERATION OF SECTION 42(h) FACTORS
Section 42(h) of the Act, 41 5 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;
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
6
Electronic Filing, Received, Clerk's Office, April 17, 2007
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.
Woodstock failed to obtain a permit from the Illinois EPA prior to
consti-ucting
the wastewater spray irrigation system at the Site. Woodstock constructed the wastewater spray
irrigation system on or before October 2005, and received a construction permit
from the Illinois
EPA on April 20,2006.
2.
Woodstock submitted a construction permit application soon after it was notified
of the need for the permit by the Illinois EPA.
3.
Woodstock did not receive any economic benefit as a result of its failure to timely
obtain a permit. Woodstock submitted a permit application that was denied by the Illinois EPA
in the fall of 2005. Accordingly, Woodstock had already paid its engineering
firm
for
completing the initial application. Also, besides testing the wastewater spray irrigation system
once, Woodstock did not operate the wastewater spray irrigation system before it received the
permit from the Illinois EPA on April 20,2005.
4.
Complainant has determined, based upon the specific facts of this matter, that a
penalty of Two Thousand Three Hundred Dollars ($2,300.00) will serve to deter further
violations and aid in future voluntary compliance with the Act and Board regulations.
I
5.
The Board issued a $100.00 civil penalty against Woodstock in 1972 for improper
operations at its then municipal landfill.
'
6.
Self-disclosure is not at issue in this matter.
Electronic Filing, Received, Clerk's Office, April 17, 2007
7.
The settlement of this matter does not include a supplemental environmental
project.
VIII. TERMS OF SETTLEMENT
A.
Penalty Payment
1.
Woodstock shall pay a civil penalty in the sum of Two Thousand Three Hundred
Dollars ($2,300.00) within thirty (30) days from the date the Board adopts and accepts this
Stipulation. Woodstock stipulates that payment has been tendered to Woodstock's attorney of
record in this matter in a form acceptable to that attorney. Further, Woodstock stipulates that
said attorney has been directed to make the penalty
on behalf of Woodstock, 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 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 Woodstock's Federal Employer Identification Number
(FEIN), 36-6006165, shall appear on the check. A copy of the certified check or money order
.shall be sent to:
Electronic Filing, Received, Clerk's Office, April 17, 2007
Katherine M. Hausrath
Assistant Attorney General
Environmental Bureau
69 W. Washington St., 1
8th Floor
Chicago, Illinois 60602
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 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 or money order, 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, Woodstock may be reached at the
following address:
City of Woodstock
Timothy
Clifcon, City Manager
121 W. Calhoun Street
Woodstock, IL 60098
with a copy to:
Carlos S. Arevalo
Zukowski, Rogers, Flood
&
McArdle
50 Virginia Street
Crystal Lake, IL 600 14
Electronic Filing, Received, Clerk's Office, April 17, 2007
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.
Notwithstanding any other language in this Stipulation to the contrary, and in
I
consideration of the mutual promises and conditions contained in this Stipulation, including the
Release from Liability contained in Section
VIII.D, below, Woodstock hereby agrees that this
Stipulation may be used against Woodstock 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, Woodstock agrees to waive any rights to contest, in any subsequent enforcement action
or permit
proceeding any allegations that these alleged violations were adjudicated.
C.
Cease and Desist
Woodstock 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 II1.C
("Allegations of Non-Compliance") of this Stipulation.
D.
Release from Liability
In
consideration of Woodstock's payment of the $2,300.00 penalty, and to Cease and
Electronic Filing, Received, Clerk's Office, April 17, 2007
Desist as contained in Section VII1.C and upon the Board's acceptance and approval of the terms
of this Stipulation, the Complainant releases, waives and discharges Woodstock
from any further
liability or penalties for violations of the Act and Board Regulations that were the subject matter
of the Complaint herein. The release set forth above does not extend to any matters other than
those expressly specified in Complainant's Complaint filed on December 21,2006. The
Complainant reserves, and this Stipulation is without prejudice to, all rights of the State of
Illinois against Woodstock 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
andlor
regulations;
c.
.
liability for natural resources damage arising out of the alleged violations; and
d.
liability or claims based on Woodstock'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 Woodstock.
E.
Right of Entry
In addition to any other authority, the Illinois EPA, its employees and representatives,
and the Attorney General, her agents and representatives, shall have the right of entry into and
Electronic Filing, Received, Clerk's Office, April 17, 2007
upon Woodstock's facility which is the subject of this Stipulation, at all reasonable times for the
purposes of carrying out inspections.
In conducting such inspections, the Illinois EPA, its
employees and representatives, and the Attorney General, her employees and representatives
may take photographs, samples, and collect information, as they deem necessary.
F.
Correspondence, Reports and Other Documents
Any and a11 correspondence, reports and any other documents required under this
Stipulation, except for payments pursuant to Section
V1II.A ("Renalty Payment") of this
Stipulation shall be submitted as follows:
As to the Complainant
Katherine M. Hausrath
. '
Assistant Attorney General
Environmental Bureau
69 W. Washington St., 1
gth Floor
Chicago, Illinois 60602
Charles
Gunnarson
Assistant Counsel
Illinois EPA
102 1 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
As to the Respondent
City of Woodstock
Timothy Clifton, City Manager
121 W.
Calhoun Street
Woodstock, IL 60098
with a copy to:
Electronic Filing, Received, Clerk's Office, April 17, 2007
Carlos S. Arevalo
Zukowski, Rogers, Flood
&
McArdle
50 Virginia Street
Crystal Lake, IL
60014
G.
Modification of Stipulation
The parties may, by mutual written consent, agree to extend any compliance dates or
modify the terms of this Stipulation.
A request for any modification shall be made in writing and
submitted to the contact persons identified in Section
VII1.F. Any such request shall be made by
separate document, and shall not be submitted within any other report or submittal required by
this Stipulation. Any such agreed modification shall be in writing, signed by authorized
representatives of each party, and then accompany a joint motion to the Board seeking a
modification of the prior order approving and accepting the Stipulation to approve and accept the
Stipulation as amended.
H.
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 Board and may be
enforced as such through any and all available means.
2.
Woodstock agrees that notice of any subsequent proceeding to enforce the Board
Order approving and accepting this Stipulation may be made by mail and waives any
requirement of service of process.
3.
'
The parties agree that, if the Board does not approve and' accept this Stipulation,
then neitherparty is bound by the terms herein.
13
Electronic Filing, Received, Clerk's Office, April 17, 2007
4.
It is the intent of the Complainant and Woodstock 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 re'maining clauses shall remain in full force and
effect.
Electronic Filing, Received, Clerk's Office, April 17, 2007
WHEREFORE, Complainant and Respondent request that the Board adopt and accept the
foregoing Stipulation 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:
DATE:
113107
Assistant Attorney General
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY
BY:
C.
d'h-l&-
R~BERT.A.
MESSINA
Chief Legal Counsel
CITY OF WOODSTOCK
BY':
Name:
Title:
DATE:
4
11
DATE:
Electronic Filing, Received, Clerk's Office, April 17, 2007
CERTIFICATE OF SERVICE
I, KATHERINE M. HAUSRATH, an Assistant Attorney General, do certify that I
caused to be mailed this
&-day of April, 2007, the foregoing Motion to Request Relief
from Hearing, Stipulation and Proposal for Settlement with Respondent City of
Woodstock, and Notice of Filing, upon the persons listed on said notice, by certified mail.
L
THERINE M. HA;J$~TH
-
Assistant Attorney General
Environmental Bureau
69 W. Washington, 1
gth lo or
Chicago, IL 60602
3 12-814-0660
Electronic Filing, Received, Clerk's Office, April 17, 2007