BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
LISA MADIGAN, Attorney General
of the
State
of Illinois,
Complainant,
v.
PLASTIC CAPACITORS, INC., an Illinois
corporation,
Respondent.
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PCB No. 08-11
(Enforcement - Air)
NOTICE OF FILING
TO:
Emily N. Masalski
Deutsch, Levy
&
Engel
225 West Washington Street
Suite
1700
Chicago, Illinois 60606
PLEASE
TAKE NOTICE that today I have electronically filed with the Office of
the Clerk of the Pollution Control Board a Stipulation and Proposal for Settlement and a
Motion to Request
Relief from Hearing Requirement, true and correct copies of which
are attached and hereby served upon you.
DATE: February
18,2009
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS,
LISA MADIGAN,
Attorney General
of the State of Illinois
BY:vL~1
ANDREW ARMSTRONG
Assistant Attorney General
Environmental Bureau
69 West Washington, 18th Floor
Chicago, Illinois
60602
(312) 814-0660
Electronic Filing - Received, Clerk's Office, February 18, 2009
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
LISA
MADIGAN, Attorney General of the
State of Illinois,
Complainant,
v.
PLASTIC CAPACITORS, INC., an Illinois
corporation,
Respondent.
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PCB No. 08-11
(Enforcement - Air)
MOTION TO REQUEST RELIEF
FROM HEARING REQUIREMENT
NOW COMES the Complainant, PEOPLE OF THE STATE OF ILLINOIS, by
LISA MADIGAN, Attorney General of the State of Illinois, and requests relief from the
hearing requirement in the above-captioned matter.
In
support thereof, the Complainant
states as follows:
1.
On August 9,2007, the Complaint was accepted for hearing by the
Pollution Control Board
("Board") in this matter. On February 18,2009, a StipUlation
and Proposal for Settlement 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 ("Act"), 415
ILCS 5/31 (c )(2) (2006), 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:
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
Act.
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
WHEREFORE, the Complainant, PEOPLE OF THE STATE OF ILLINOIS, by
LISA MADIGAN, Attorney General of the State of Illinois, requests relief from the
requirement
of a hearing pursuant to 415 ILCS 5/31 (c )(2) (2006).
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS,
LISA
MADIGAN,
Attorney General
of the State of Illinois
By:
~~-~.ov
ANDREW ARMSTRONG
Assistant Attorney General
Environmental Bureau
69 West Washington, 18th Floor
Chicago, Illinois
60602
(312) 814-0660
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
LISA
MADIGAN, Attorney General ofthe
State of Illinois,
Complainant,
v.
PLASTIC CAPACITORS, INC., an Illinois
corporation,
Respondent.
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PCB No. 08-11
(Enforcement - Air)
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 PLASTIC CAPACITORS, INC. ("Respondent") ("Parties to Stipulation and Proposal for
Settlement"), 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. This
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 Environmental
Protection Act ("Act"), 415 ILCS 511
et seq.
(2006), and the Board
Regulations alleged in the Complaint and herein, 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 July 30, 2007, a Complaint was filed on behalf of the People ofthe 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
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 facility located at 2623 North
Pulaski Road,
Chicago, Cook County, Illinois
("Facility").
4.
On October 31,2001, the Illinois EPA issued to Respondent Operating Permit No.
73100136 for a batch vapor degreaser
("De greaser") at the Facility.
B.
Allegations
of Non-Compliance
In the Complaint filed on July 30,
2007, Complainant contends that the Respondent has
violated the following provisions
of the Act:
Count
I:
Operating Degreaser Above the Solvent's Boiling Point
Violation of Sections 9(b) and 9.1 (d)(1) of the Illinois Environmental
Protection Act, 415 ILCS
5/9(b)
and 9.1 (d)( 1 ) (2006); Section
63.463(e)(2)(i)
of the National Emission Standards for Hazardous Air
Pollutants for Halogenated Solvent Cleaning ("NESHAP for
Halogenated Solvent
Cleaning"), 40 C.F.R. § 63.463(e)(2)(i); and
Condition 7(a)
of Operating Permit No. 73100136.
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Count II:
Count III:
Count
IV:
Count V:
Operating Degreaser Without a Carbon Absorber
Violation
of Section 9.1 (d)( 1) of the Illinois Environmental Protection
Act, 415
ILCS 5/9.1 (d)(l ) (2006), and Section 63.463(a)(7)(c) of the
NESHAP for Halogenated Solvent Cleaning, 40 C.F.R. §
63.463(a)(7)( c).
Operating Degreaser Without the Required Freeboard Ratio
Violation
of Sections 9(b) and 9.1 (d)( 1) of the Illinois Environmental
Protection Act, 415
ILCS 5/9(b) and 9.1(d)(1) (2006); Section
63.463(a)(2) of the NESHAP for Halogenated Solvent Cleaning, 40
C.F.R. § 63.463(a)(2); and Condition 5(b) of Operating Permit No.
73100136.
Failure to
Submit Annual Compliance Reports
Violation
of Sections 9(b) and 9.1 (d)(1) of the Illinois Environmental
Protection
Act, 415 ILCS 5/9(b) and 9.1 (d)( 1 ) (2006); Section 63.468(f)
of the NESHAP for Halogenated Solvent Cleaning, 40 C.F.R. §
63.468(f); and Condition
IO(b) of Operating Permit No. 73100136.
Failure to
Submit Semi-Annual Exceedance Reports
Violation
of Sections 9(b) and 9.1 (d)(1) of the Illinois Environmental
Protection Act, 415
ILCS 5/9(b) and 9.l(d)(l) (2006); Section 63.468(h)
of the NESHAP for Halogenated Solvent Cleaning, 40 C.F.R. §
63.468(h); and Condition IO(c) of Operating Permit No. 73100136.
Additionally, Complainant contends that the Respondent has violated the following
provisions
of the Act and the Board Regulations, as allegedly observed during a July 17,2007
inspection of the Facility by the Illinois EPA:
Operating Degreaser Without the Required Freeboard Ratio
Violation
of Sections 9(b) and 9.1 (d)(1) of the Illinois Environmental
Protection Act, 415
ILCS 5/9(b) and 9.1 (d)(l) (2006); Section 63.463(b)
of the NESHAP for Halogenated Solvent Cleaning, 40 C.F.R. §
63.463(b); and Condition 7(b) of Operating Permit No. 73100136.
Failure to Maintain Records
of the Freeboard Ratio and Modifications
Thereto
Violation
of Sections 9(b) and 9.1 (d)( 1) of the Illinois Environmental
Protection Act, 415
ILCS 5/9(b) and 9.I(d)(l) (2006); Section 63.467(b)
of the NESHAP for Halogenated Solvent Cleaning, 40 C.F.R. §
63.467(b); and Condition 9(b)
of Operating Permit No. 73100136.
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Failure to Maintain Records of Air Blanket Temperature
Violation
of Sections 9(b) and 9.1 (d)( 1) of the Illinois Environmental
Protection Act, 415 ILCS 5/9(b) and 9.1( d)(1 ) (2006); Section 63 .467(b)
of the NESHAP for Halogenated Solvent Cleaning, 40 C.F .R. §
63.467(b); and Condition 9(b) of Operating Permit No. 73100136.
Failure to Monitor Air Blanket Temperature
Violation
of Sections 9(b) and 9.1 (d)( 1) of the Illinois Environmental
Protection Act, 415 ILCS 5/9(b) and 9.1 (d)(l ) (2006); Section 63.463(e)
of the NESHAP for Halogenated Solvent Cleaning, 40 C.F.R. §
63.463(e); and Condition 7(a)
of Operating Permit No. 73100136.
Failure to Maintain Records of Hoist Speed
Violation
of Sections 9(b) and 9.1 (d)( 1 ) of the Illinois Environmental
Protection Act, 415 ILCS 5/9(b) and 9.1 (d)(l) (2006); Section 63.467(b)
of the NESHAP for Halogenated Solvent Cleaning, 40 C.F.R. §
63.467(b); and Condition 9(b) of Operating Permit No. 73100136.
Failure to Monitor Hoist Speed
Violation
of Sections 9(b) and 9.1 (d)(l) of the Illinois Environmental
Protection Act, 415 ILCS 5/9(b) and 9.1 (d)(l ) (2006); Section 63 .463( e)
of the NESHAP for Halogenated Solvent Cleaning, 40 C.F.R. §
63.463(e); and Condition 7(a) of Operating Permit No. 73100136.
Operating
Degreaser With Excessive Hoist Speed
Possible violation of Sections 9(b) and 9.1 (d)( 1) of the Illinois
Environmental
Protection Act, 415 ILCS 5/9(b) and 9.1 (d)(l) (2006);
Section 63.463(a)(3) of the NESHAP for Halogenated Solvent Cleaning,
40 C.F.R. § 63.463(a)(3); and Condition 5(c) of Operating Permit No.
73100136.
Failure to Use Threaded or Other Leakproof Couplings When
Transferring Solvent To and From the Degreaser
Violation
of Section 9.1 (d)(l) of the Illinois Environmental Protection
Act, 415 ILCS 5/9.1 (d)(l) (2006), and Section 63 .463( d)(8) of the
NESHAP for Halogenated Solvent Cleaning, 40 C.F.R. § 63.463(d)(8).
Failure to Equip Degreaser With Vapor Level Control Device
Violation
of Sections 9(b) and 9.1(d)(1) of the Illinois Environmental
Protection Act, 415 ILCS 5/9(b) and 9.1(d)(1) (2006); Section
63.463(a)(5)
of the NESHAP for Halogenated Solvent Cleaning, 40
C.F.R. § 63.463(a)(5); and Condition 5(d) of Operating Permit No.
4
73100136.
Failure to Submit Annual Emissions Reports
Violation
of Section 9(a) of the Illinois Environmental Protection Act,
415 ILCS 5/9(a), and Section
201.302(a) of the Board Regulations, 35
Ill. Adm. Code 20 1.302( a).
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 or the allegations of
violation referenced within Section LB herein, and this Stipulation shall not be interpreted as
including such admission.
D.
Compliance Activities to Date
1.
On August 15, 2007, the Respondent submitted to the Illinois EPA copies of
Annual Emissions Reports, required by Section 201.302(a) of the Board Regulations, 35 Ill.
Adm. Code
201.302(a), for the years 2005 and 2006.
2.
On or about July 23, 2007, the Respondent ceased operation of its Degreaser that
. was the subject of the Complaint filed on July 30, 2007 and of the alleged violations observed by
the Illinois EPA during its July 17,
2007 inspection of the Facility.
3.
On or about August 14,2007, Respondent purchased a new batch vapor degreaser
that utilizes a non-Hazardous Air Pollutant
n-propyl bromide
solvent.
4.
On or about August 20, 2007, Respondent retained environmental consultant
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Bureau Veritas North America Inc. ("Bureau Veritas") to prepare a Lifetime Operating Permit
application for the replacement of the Degreaser and the switch to
n-propyl bromide
solvent.
5.
On November 29,2007, the Illinois EPA issued Respondent Construction Permit
No. 07100081 for a new batch vapor degreaser. The Illinois EPA also issued a revised Operating
Permit No. 73100136 to Respondent on November 29,2007 ("Revised Operating Permit No.
73100136"), permitting Respondent to operate the new batch vapor de greaser.
6.
On or about January 2, 2008, Respondent installed the new batch vapor degreaser.
7.
On or about August 7, 2008, Bureau Veritas conducted a vapor degreaser
assessment which showed that the
new batch vapor degreaser was operating in accordance with
the requirements
of Construction Permit No. 07100081 and Revised Operating Permit No.
73100136 at the time of testing.
II. APPLICABIL TY
This Stipulation shall apply to and be binding upon the Parties to the Stipulation and
Proposal for Settlement, 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, and for all violations described herein as having been observed
by the
Illinois
EPA during its July 17,2007 inspection ofthe Facility and identified in Section I.B.,
6
above, 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 5/33(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 to this Stipulation state the following:
1.
Human health and the environment were threatened and the Illinois EPA's
information gathering responsibilities hindered by the Respondent's alleged violations.
2.
There is social and economic benefit to the Facility.
3.
Operation ofthe Facility is suitable for the area in which it is located, so long as
the Facility is operated in accordance with all applicable statutory, regulatory, and permit
requirements.
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4.
Compliance with the terms of Operating Permit No. 73100136 and all other
statutory and regulatory requirements for the operation
of a batch vapor degreaser at the Facility
is both technically practicable and economically reasonable.
5.
The Respondent has committed to comply with the Act, the applicable
Regulations, and the terms
of Operating Permit No. 73100136, with respect to the violations
alleged in the Complaint filed in this matter and allegedly observed by the Illinois
EPA during its
July
17,2007 inspection of the Facility.
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 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
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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 to this Stipulation state as follows:
1.
On October 31, 2001, the Illinois EPA issued Operating Permit No. 73100136 to '
the Respondent. Plaintiff alleges that, from October 31,2001 to at least July 23,2007, the
Respondent failed to monitor,
?r keep necessary records concerning, aspects of its operation of
its Degreaser, including the freeboard ratio, air blanket temperature, and hoist speed. From
October 31, 2001 to the present, the Respondent also failed to submit to the Illinois EPA any
Annual Compliance Reports or Semi-Annual Exceedance Reports related to its operation
of its
Degreaser, as were required by the Act; the NESHAP for Halogenated Solvent Cleaning; and
Operating Permit No.
73100136. Plaintiff alleges that, from at least July 29,2005 to at least July
23,
2007, the Respondent operated a Degreaser that did not comply with requirements of
applicable regulations and Operating Permit No. 73100136. The Respondent also failed to
timely submit Annual Emissions Reports related to its operation
of its Degreaser, as required by
the Act and Board Regulations, for the years
2005 and 2006.
On or about July23, 2007, the Respondent ceased operating the Degreaser. The
Respondent will submit to the Illinois EPA all Annual Compliance Reports and Semi-Annual
Exceedance Reports now outstanding within thirty
(30) calendar days from the date the Board
adopts and accepts this Stipulation, as required by Sections V.D.2 and V.D.3, below.
On August
9
15, 2007, the Respondent submitted to the Illinois EPA Annual Emissions Reports for the years
2005 and 2006.
2.
Once the Illinois EPA notified the Respondent of its alleged noncompliance on
September
28,2005, the Respondent made attempts to resolve its noncompliance with the Act,
Operating
Permit No. 7310013, and applicable regulations. However, the Illinois EPA allegedly
observed additional violations during its July
17,2007 inspection of the Facility.
3.
The Illinois
EPA has calculated that the economic benefit to the Respondent due ..
to its alleged delay in compliance with the Act, Operating Permit No. 7310013, and applicable
regulations was
$3,342.00. The Illinois EPA also has reviewed financial documents provided by
the Respondent and relating to the Respondent's operations. Based upon its review
ofthose
documents, the Illinois EPA has determined that the Respondent is unable to pay a penalty equal
to the calculated economic benefit, and that the imposition
of such a penalty would result in a
substantial and unreasonable financial hardship upon the Respondent.
4.
The Complainant has determined, based upon the specific facts
of this matter, that
a penalty
of One Thousand Dollars ($1,000.00) will serve to deter future violations and aid in
future voluntary compliance with the Act and Board regulations.
5.
To the Complainant's knowledge, the Respondent has no previously adjudicated
violations
of the Act.
project.
6.
Self-disclosure is not at issue in this matter.
7.
The settlement of this matter does not include a supplemental environmental
v.
TERMS OF SETTLEMENT
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A.
Penalty Payment
1.
The Respondent shall pay a civil penalty in the sum of One Thousand Dollars
($1,000.00) within thirty (30) calendar days from the date the Board adopts and accepts this
Stipulation.
B.
Stipulated Penalties, Interest and Default
1.
If the Respondent fails to complete any activity or fails to comply with any
response or reporting requirement by the date specified in this Stipulation, the Respondent shall
provide notice to the Complainant
of each failure to comply with this Stipulation and shall pay
stipulated penalties in the amount
of Two Hundred and Fifty Dollars ($250.00) per day until such
time that compliance is achieved. The Complainant may make a demand for stipulated penalties
upon the Respondent for its noncompliance with this Stipulation. However, failure by the
Complainant to make this demand shall not relieve the Respondent of the obligation to pay
stipulated penalties. All stipulated penalties shall be payable within thirty
(30) calendar days of
the date the Respondent knows or should have known of its noncompliance with any provision of
this Stipulation.
2.
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.
3.
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
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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
1
021 North Grand Avenue East
P.O. Box 19276
Springfield,
IL 62794-9276
The name, case number, and the Respondent's federal tax identification number shall appear on
the face
of the certified check or money order. A copy of the certified check or money order and
any transmittal letter shall be sent to:
Andrew Armstrong
Assistant Attorney General
Environmental Bureau
69 West Washington Street, 18th Floor
Chicago, Illinois
60602
D.
Future Compliance
1.
Effective immediately, the Respondent shall operate the batch vapor de greaser
installed on January
2,2008 in compliance with the Act, applicable Regulations, and all
conditions
of Revised Operating Permit No. 73100136.
2.
The Respondent shall submit to the Illinois EPA Annual Compliance Reports for
the years
2001 to 2007, as required by Section 63.468(f) of the NESHAP for Halogenated
12
Solvent Cleaning, 40 C.F.R. § 63.468(f), and Condition 10(b) of Operating Permit No.
73100136, within thirty (30) calendar days from the date the Board adopts and accepts this
Stipulation.
3.
The Respondent shall submit Semi-Annual Exceedance Reports for the years
2001 through 2007, as required by Section 63.468(h) of the NESHAP for Halogenated Solvent
Cleaning,
40 C.F.R. § 63.468(h), and Condition 10(c) of Operating Permit No. 73100136, within
thirty
(30) calendar days from the date the Board adopts and accepts this Stipulation.
,)
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4.
In addition to any other authorities, the Illinois EPA, its employees and
representatives, and the Attorney General, her employees and representatives, shall have the right
of entry into and upon the Respondent's facility which is the subject ofthis 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.
5.
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 Board Regulations.
6.
The Respondent shall cease and desist from future violations of the Act and
applicable regulations that were the subject matter
of the Complaint and that were observed by
the Illinois
EPA during its July 17, 2007 inspection of the Facility, and that are referenced within
Section LB, above.
E.
Release from Liability
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In consideration of the Respondent's payment of the $1,000.00 penalty, its commitment
to cease and desist as contained
in Section V.D, above, and its 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 applicable regulations that were the subject matter of the Complaint and that were
observed by the Illinois
EPA during its July 17, 2007 inspection of the Facility, and that are
described in Section I.B, above. The release set forth above does not extend to any matters other
than those expressly specified in the Complainant's Complaint filed on July
30, 2007 and that
were observed by the Illinois
EPA during its July 17,2007 inspection of the Facility, and that are
expressly specified herein in Section I.B, above. 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 andlor
regulations;
c.
liability for natural resources damage arising out of the alleged violations; and
d.
liability or claims based on the Respondent's failure to satisfy the requirements of
this Stipulation.
Nothing in this Stipulation is intended as a waiver, discharge, release, or covenant not to
sue for any claim or cause
of action, administrative or judicial, civil or criminal, past or future, in
law or in equity, which the State
of Illinois 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.
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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 Armstrong
Assistant Attorney General
Environmental Bureau
69 West Washington Street, 18th Floor
Chicago, Illinois
60202
Maureen Wozniak
Assistant Counsel
Illinois
EPA
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
Manager
Compliance and Enforcement Section
Illinois
EPA
1 021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
As to the Respondent
Karen Kavanaugh Mack, Esq.
Emily N. Masalski, Esq.
Deutsch, Levy
&
Engel, Chartered
225
W. Washington Street, Suite 1700
Chicago, Illinois 60606
Plastic
Capacitors, Inc.
c/o William
P. Meskan
2623 N.
Pulaski Road
Chicago, Illinois 60639
G.
Enforcement and Modification of Stipulation
15
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.
2.
The parties to this Stipulation 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 V.F, above. 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
agr~ed
modification shall be in writing,
signed by authorized representatives
of each party to this Stipulation.
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
Stipulation and
to legally bind them to it.
16
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, THE ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
LISA MADIGAN
Attorney General
State
of Illinois
MATTHEW
J. DUNN, Chief
DOUGLAS P. SCOTT, Director
Illinois
EnY1ronmental Protection Agency
Environmental Enforcement!
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PLASTIC CAPACITORS, INC.
BY:
DATE:
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18
CERTIFICATE OF SERVICE
I, ANDREW ARMSTRONG, an Assistant Attorney General, do certify that I
caused to be mailed this 18th day
of February, 2009, the foregoing Motion to Request
Relief from Hearing Requirement, Stipulation and Proposal for Settlement, and Notice
of
Filing, upon the persons listed on said notice, by U.S. first-class mail.
Assistant
AN~~Of:£
Attorney General
Envirorunental Bureau
69 West Washington, 18th Floor
Chicago, IL
60602
(312) 814-0660
