BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
by LISA MADIGAN, Attorney
General
of the State of Illinois
Complainant,
v.
ARONA CORPORATION., an Iowa corporation
D/B/A
AARON'S SALES
&
LEASE
OWNERSHIP
Respondents.
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No. PCB 08-08
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By:
NOTICE OF FILING
TO:
See Attached Service List
PLEASE TAKE NOTICE that on the 14
th
day of November, 2007, I filed with the Clerk
of the Illinois Pollution Control Board a Stipulation and Proposal for Settlement and a Motion to
Request Relief From Hearing Requirement, copies
of which are attached hereto and are hereby
served upon you.
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN
Attorney General
of the
State
of Illinois
'1I~t(
&7~
VANESSA M. CORDONNIER
Assistant Attorney General
Environmental Bureau
69
W. Washington St., 18
th
Fl.
Chicago,
IL
60602
(312) 814-0608
DATE: November 14, 2007
Electronic Filing - Received, Clerk's Office, November 14, 2007
SERVICE LIST
Mr. Thomas R. Bemau
4801 Grand Ave.
Des Moines, IA 50312
Mr. Bradley Halloran
Chief Hearing Officer
Illinois Pollution Control Board
100 West Randolph Street,
11 th Floor
Chicago, IL 60601
Electronic Filing - Received, Clerk's Office, November 14, 2007
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
by LISA MADIGAN, Attorney
General
of the State of Illinois
Complainant,
v.
ARONA CORPORATION., an Iowa corporation
D/B/A AARON'S SALES
&
LEASE
OWNERSHIP
Respondents.
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No. PCB 08-08
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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 July 18, 2007, a Complaint was filed with the Pollution Control Board
("Board") in this matter. On November 14,2007, a Stipulation and Proposal for Settlement was
filed with the Board.
2.
Section 31(c)(2)
ofthe Illinois Environmental Protection Act ("Act"), 415 ILCS
5/31
(c)(2), effective August 1, 1996, allows the parties in certain enforcement cases to request
relief from the mandatory hearing requirement where the parties have submitted to the Board a
stipulation and proposal for settlement. Section
31 (c)(2) provides:
Electronic Filing - Received, Clerk's Office, November 14, 2007
•
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 31(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 ofa
hearing pursuant to 415 ILCS 5/31 (c)(2)(2002).
Respectfully submitted,
PEOPLE
OF THE STATE OF ILLINOIS
LISA MADIGAN
Attorney General
of the
State
of Illinois
69
W. Washington St. 18
th
FI.
Chicago, IL 60602
(312) 814-0608
By:
1I'tUuM
t1
1J1,
&L-----
VANESSA M. CORDONNIER
Assistant Attorney General
Environmental Bureau
Electronic Filing - Received, Clerk's Office, November 14, 2007
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
by LISA MADIGAN, Attorney
)
General
of the State of Illinois,
)
)
Complainant,
)
)
v.
)
)
ARONA CORPORATION, an Iowa corporation,
)
D/B/A AARON'S SALES
&
LEASE
)
OWNERSHIP
)
)
Respondent.
)
PCB No. 08-08
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 ARONA CORPORATION, D/B/A AARON'S SALES
&
LEASE OWNERSHIP
("Arona" or "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 otherwise provided herein.
If the Board
approves and enters this Stipulation, Arona agrees to be bound by the Stipulation and Board
1
Electronic Filing - Received, Clerk's Office, November 14, 2007
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.
(2006).
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
ofthis Stipulation and to legally
bind them to it.
III.
STATEMENT OF FACTS
A.
Parties
1.
On July 18, 2007, 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 (2006), against
Arona.
2.
The Illinois EPA is an administrative agency of the State of Illinois, created
pursuant to
Se<;:tion 4 of the Act, 415 ILCS 5/4 (2006).
2
Electronic Filing - Received, Clerk's Office, November 14, 2007
3.
At all times relevant to the Complaint, Arona was and is an Iowa corporation that
is authorized to transact business in the State
of Illinois.
B.
Site Description
1.
At all times relevant to the Complaint in this matter, Arona operated a business
that sells and leases residential and office furniture, consumer electronics, appliances, and
computers located at 3730 East State Street, Rockford, Winnebago County, Illinois ("Site").
2.
On August 16, 2006, an Arona employee discharged between two and twenty
gallons
of gasoline into a storm sewer and onto the ground of a property located at 2932 18th
Street in Rockford, Winnebago County, Illinois.
C.
Allegations of Non-Compliance
Complainant contends that Arona has violated the following provisions
of the Act:
Count
I:
Count II:
Count III:
Count IV:
Water Pollution, in violation
of Section 12(a) ofthe Act, 415 ILCS
5/12(a) (2006).
Water Pollution Hazard, in violation
of Section 12(d) of the Act, 415
ILCS 5/12(d) (2006).
Open Dumping, in violation
of Section 21(a) of the Act, 415 ILCS
5/21(a) (2006).
Improper Disposal
of Waste, in violation of Section 21 (e) of the Act, 415
ILCS 5/21(e) (2006).
3
Electronic Filing - Received, Clerk's Office, November 14, 2007
D.
Admission of Violations
Arona admits to the violations alleged in the Complaint filed in this matter and referenced
within Section III.C herein.
E.
Compliance Activities to Date
.Arona fully remediated the August 16, 2006 release of gasoline the same day the release
occurred. Arona provided the Illinois EPA with an itemized list
of services provided by the
clean-up contractor and the costs incurred for clean-up.
IV.
APPLICABILITY
This Stipulation shall apply to and be binding upon the Complainant and Arona, and any
officer, director, agent, or employee
of Arona, as well as any successors or assigns of Arona.
Arona shall not raise as a defense to any enforcement action taken pursuant to this Stipulation the
failure
of any of its officers, directors, agents, employees or successors or assigns to take such
action as shall be required to comply with the provisions of this Stipulation.
V.
COMPLIANCE WITH OTHER LAWS AND REGULATIONS
This Stipulation in no way affects the responsibilities of Arona 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)(2006), provides as follows:
4
Electronic Filing - Received, Clerk's Office, November 14, 2007
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:
1.
Human health and the environment were threatened by Arona's violations.
2.
There is a social and economic benefit to the Site.
3.
Operation of Aaron's Sales and Lease Ownership was suitable for the area in
Rockford, Illinois in which it was located.
4.
Refraining from discharging gasoline onto the ground and into a storm sewer is
both technically practicable and economically reasonable.
5.
Arona has subsequently complied with the Act.
VII.
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:
5
Electronic Filing - Received, Clerk's Office, November 14, 2007
1.
the duration and gravity of the violation;
2.
the presence or absence of due diligence on the part, of the respondent in
attempting to comply with requirements
of this Act and regulations
thereunder or to secure relief therefrom as provided by this Act;
3.
any economic benefits accrued by the respondent because of delay in
compliance with requirements, in which case the economic benefits shall
be determined by the lowest cost alternative for achieving compliance;
4.
the amount of monetary penalty which will serve to deter further violations
by the respondent and to otherwise aid in enhancing voluntary compliance
with this Act by the respondent and other persons similarly subject to the
Act;
5.
the number, proximity in time, and gravity of previously adjudicated
violations
of this Act by the respondent;
6.
whether the respondent voluntarily self-disclosed, in accordance with
subsection i
of this Section, the non-compliance to the Agency; and
7.
whether the respondent has agreed to undertake a "supplemental
environmental project," which means an environmentally beneficial
project that a respondent agrees to undertake in settlement
of
an
enforcement action brought under this Act, but which the respondent is not
otherwise legally required to perform.
In response
to these factors, the parties state as follows:
1.
Arona's violations occurred on August 16, 2006. The release of gasoline was
limited to a two square yard area and was remediated the same day that it was released.
2.
Arona was diligent in remediating the release, once the Illinois EPA notified it of
its noncompliance with the Act.
3.
Arona accrued no economic benefit as a result of its non-compliance with the Act,
because the gasoline release was remediated the same day the release occurred.
6
Electronic Filing - Received, Clerk's Office, November 14, 2007
4.
Complainant has determined, based upon the specific facts of this matter, that a
penalty
of Six Thousand Dollars ($6,000.00) will serve to deter further violations and aid in
future voluntary compliance with the Act and Board regulations.
5.
To Complainant's knowledge, Arona has no previously adjudicated violations of
the Act.
6.
Self-disclosure is not at issue in this matter.
7.
The settlement of this matter does not include a supplemental environmental
project.
VIII. TERMS OF SETTLEMENT
A.
Penalty Payment
1.
Arona shall pay a civil penalty in the amount of Six Thousand Dollars ($6,000.00)
within thirty (30) days from the date the Board adopts and accepts this Stipulation. 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
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
The name and number
of the case and Arona's Federal Employer Identification Number (FEIN),
42-1455271, shall appear on the check. A copy
of the certified check or money order shall be
sent to:
7
Electronic Filing - Received, Clerk's Office, November 14, 2007
Vanessa Cordonnier
Assistant Attorney General
Environmental Bureau
69
W. Washington St., 18
th
Floor
Chicago, Illinois 60602
Paul Jagiello
Assistant Counsel
Illinois Environmental Protection Agency
9
511 West Harrison
Des Plaines, IL 60016
2.
Pursuant to Section 42(g) ofthe Act, 415 ILCS 5/42(g) (2006), 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 (2006). 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, Arona may be reached at the following
address:
Thomas
R.
Bernau, President
Arona Corporation
480 I Grand Ave.
Des Moines, IA 50312
8
Electronic Filing - Received, Clerk's Office, November 14, 2007
4.
In the event of default ofthis Section VIlLA, 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 VIlLD, below, Arona hereby agrees that this
Stipulation may be used against Arona in any subsequent enforcement action or permit
proceeding as
proof of a past adjudication of violation of the Act 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)(2006). Further, Arona 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
Arona shall cease and desist from future violations
of the Act that were the subject matter
of the Complaint as outlined in Section
m.c
("Allegations of Non-Compliance") of this
Stipulation.
9
Electronic Filing - Received, Clerk's Office, November 14, 2007
D.
Release from Liability
In consideration of Arona'spayment of the $6,000.00 penalty and its commitment to
Cease and Desist as contained in Section VIII. C and upon the Board's acceptance and approval
of the terms of this Stipulation, the Complainant releases, waives and discharges Arona 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'sComplaint filed on July 18,2007. The Complainant
reserves, and this Stipulation is without prejudice to, all rights
of the State of Illinois against
Arona 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 Arona'sfailure 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 Arona.
10
Electronic Filing - Received, Clerk's Office, November 14, 2007
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 upon
Arona's Site which is the subject
ofthis 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 all correspondence, reports and any other documents required under this
Stipulation, except for payments pursuant to Section VIlLA ("Penalty Payment")
of this
Stipulation shall be submitted as follows:
As to the Complainant
Vanessa Cordonnier
Assistant Attorney General
Environmental Bureau
69
W. Washington St., 18
th
Floor
Chicago, Illinois 60602
Paul Jagiello
Assistant Counsel
Illinois EPA
9511 West Harrison
Des Plaines,
IL 60016
As to the Respondent
Thomas
R. Bernau, President
Arona Corporation
4801 Grand Ave.
Des Moines, IA 50312
11
Electronic Filing - Received, Clerk's Office, November 14, 2007
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 VIII.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'sOrder 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.
2.
Arona 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 neither party is bound by the terms herein.
4.
It
is the intent of the Complainant and Arona that the provisions of this Stipulation
and any Board Order accepting and approving such shall be severable, and should any provision
12
Electronic Filing - Received, Clerk's Office, November 14, 2007
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)
13
Electronic Filing - Received, Clerk's Office, November 14, 2007
WHEREFORE, Complainant and Arona 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 Enforcement/
Asbestos Litigation Division
BY:~~~uk
Environmental Bureau
Assistant Attorney General
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY
DA
TE:-------"q-l-!_z,~-+---O
_7_
BY:
ROBER
/k;tk~
A.
MESS A
Chief Legal Counsel
14
I/
DATE:
~
/7,07
I
\
Electronic Filing - Received, Clerk's Office, November 14, 2007
ARONA CORPORATION, D/B/A AARON'S
SALES
&
LEASE OWNERSHIP
BY:
1l\o~Pv ~-:p~
Name:
~A-u
Title:
1'AS~~\
15
DATE:
(0 - It;;"
-01
Electronic Filing - Received, Clerk's Office, November 14, 2007
CERTIFICATE OF SERVICE
I, VANESSA M. CORDONNIER, an Assistant Attorney General in this case, do certify
that I caused to be served this
14
th
day ofNovember, 2007, the foregoing Stipulation and
Proposal for Settlement, Motion to Request Relief From Hearing Requirement and Notice of
Filing upon the persons listed on said Notice by depositing same in an envelope, first class
postage
prepaid, with the United States Postal Service at 69 W. Washington St., Chicago,
Illinois, at or before the hour
of 5:00 p.m.
V{/~~
'-fI1-
~
du-
VANESSA M. CORDONNIER
Electronic Filing - Received, Clerk's Office, November 14, 2007