CLERKS
    OFFICE
    APR
    032009
    OFFICE
    OF
    THE
    ATTORNEY
    GENERAL
    STATE
    OF
    IWNOS
    STATE
    OF
    ILLINOIS
    pollution
    Controj
    8oa,
    Lisa
    Madigan
    .V1’lC)RNEY
    G:ERAi.
    April
    1,
    2009
    John
    T.
    TherriaLt,
    Assistant
    Clerk
    Assistant
    Clerk
    of the
    Board
    Illinois
    Pollution
    Control
    Board
    James
    R.
    Thompson
    Center,
    Ste.
    11-500
    100
    West
    Randolph
    Chicago,
    Illinois
    60601
    Re:
    People
    v.
    Summer Ridge,
    L.L.C,
    eta!.
    PCB
    No.
    Dear
    Clerk:
    Enclosed
    for
    filing
    please
    find
    the
    original
    and
    ten
    copies of
    a Notice
    of
    Filing,
    Motion
    for
    Relief
    from
    Hearing
    Requirement
    and
    Stipulation
    and
    Proposal
    for Settlement
    Summer
    Ridge
    and
    Stipulation
    and
    Proposal
    for
    Settlement
    Stark
    Excavating
    in regard
    to the
    above-captioned
    matter.
    Please
    file
    the
    originals
    and
    return
    file-stamped
    copies
    to
    me
    in the
    enclosed
    envelope.
    Thank
    you
    for
    your
    cooperation
    and
    consideration.
    RJ
    C/pj
    k
    Enclosures
    Vi
    lond
    J Callery
    Environmental
    Bureau
    500
    South
    Second
    Street
    Springfield,
    Illinois
    62706
    (217)
    782-9031
    500
    South
    Second
    Street,
    Springfield,
    Illinois
    62706
    (217)
    782-1090
    • TTY:
    (877)
    844-5461
    Fax:
    (217)
    782-7046
    100
    West
    Randolph
    Street,
    Chicago,
    Illinois
    60601
    (312)
    814-3000
    T’I’Y:
    (800)
    964-3013
    Fax:
    (312)
    814-3806

    BEFORE THE ILLINOIS POLLUTION CONTROL
    BOARD
    PEOLE
    OF THE STATE OF ILLJNOIS,
    Complainant,
    SUMMER
    RIDGE, L.L.C.,
    an Illinois
    limited
    liability company, and STARK
    EXCAVATING, INC., an Illinois
    corporation,
    Respondent.
    To:
    Summer Ridge,
    L.L.C.
    an
    Illinois limited liability corporation
    do William
    A. Johnston, R.A.
    9
    Heartland
    Drive, Unit
    C
    Bloomington, IL 61704
    Stark Excavating, Inc.
    an Illinois
    corporation
    do David K. Stark,
    R.A.
    1805 W. Washington
    Bloomington, IL
    61701
    PLEASE
    TAKE NOTICE that on
    this date I mailed for filing with he
    Clerk of the Pollution
    Control Board of
    the State of Illinois, a COMPLAINT, MOTION FOR
    RELIEF FROM HEARING
    REQUIREMENT
    and STIPULATION AND PROPOSAL FOR
    SETTLEMENT SUMMER RIDGE and
    STIPULATION AND
    PROPOSAL FOR SETTLEMENT STARK
    EXCAVATING, 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
    500
    South Second
    Street
    Springfield, Illinois
    62706
    217/782-9031
    Dated:
    April 1, 2009
    MATTHEWJ. DUNN,
    Chief
    Litig
    BY
    PCBNo.
    (Enforcement)
    CLERK’S
    OFFICE
    APR
    03
    2009
    STATE
    OF
    ILLINOj
    oIIution
    Control
    Board
    NOTICE OF FILING
    Environ
    RAYMOND J.
    CALLERY
    Assistant Attorney
    General
    Environmental Bureau

    LEFIK
    S
    OFFICE
    APR
    032009
    CERTFlCATE
    OF
    SERVICE
    0
    OF
    ILLINOIS
    UtjOfl
    Control
    Board
    hereby certify
    that
    did
    on
    April
    1,
    2009,
    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,
    COMPLAINT,
    MOTION
    FOR
    RELIEF
    FROM HEARING
    REQUIREMENT
    and
    STIPULATION
    AND
    PROPOSAL
    FOR
    SETTLEMENT
    SUMMER
    RIDGE
    and
    STIPULATION
    AND
    PROPOSAL
    FOR
    SETTLEMENT
    STARK
    EXCAVATING
    To:
    Summer
    Ridge,
    LL.C.
    an
    Illinois
    limited
    liability
    corporation
    do
    William
    A.
    Johnston,
    R.A.
    9
    Heartland
    Drive,
    Unit
    C
    Bloomington,
    IL
    61704
    Stark
    Excavating,
    Inc.
    an
    Illinois corporation
    do
    David
    K.
    Stark,
    RA.
    1805
    W.
    Washington
    Bloomington,
    IL
    61701
    and
    the
    original
    and
    ten
    copies
    by
    First
    Class
    Mail
    with
    postage
    thereon
    fully
    prepaid
    of
    the
    same
    foregoing
    instrument(s):
    To:
    Dorothy Gunn,
    Clerk
    Illinois Pollution
    Control
    Board
    James
    R.
    Thompson
    Center
    Suite
    11-500
    100
    West
    Randolph
    Chicago,
    Illinois
    60601
    RAYMOND
    J.
    CALLERY
    Assistant
    Attorney
    General
    This
    filing
    is
    submitted
    on
    recycled
    paper.

    BEFORE
    THE
    ILLINOIS
    POLLUTION
    CONTROL
    BOARD
    PEOPLE
    OF
    THE
    STATE
    OF
    ILLINOIS,
    )
    Complainant,
    v.
    )
    PCBNo.
    (Enforcement)
    SUMMER
    RIDGE,
    L.L.C,
    an
    Illinois
    )
    Iimted
    ilability
    company,
    and
    STARK
    )
    EXCAVATING,
    INC.,
    an
    Illinois
    )
    FFICE
    corporation,
    )
    APR
    Ii
    32009
    Respondents.
    STAt
    OF
    IWNOIS
    PoIIuton
    Control
    BoarcJ
    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
    (‘Act’),
    415 ILCS
    5131(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
    5/31(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
    that
    the Board
    grant
    this
    motion
    for
    relief
    from the
    hearing
    requirement
    set
    forth
    in Section
    31(c)(1)
    of
    the Act,
    415
    ILCS 5/31(c)(1)
    (2006).
    Respectfully
    submitted,
    PEOPLE
    OF
    THE
    STATE
    OF
    ILLINOIS
    LISA
    MADIGAN
    ATTORNEY
    GENERAL
    MATTHEWJ.
    DUNN,
    Chief
    Environmental
    Enforcement/Asbestos
    BY:
    RAYMOND
    J. CALLERY
    Environmental
    Bureau
    Assistant
    Attorney
    General
    500
    South
    Second
    Street
    Springfield,
    Illinois
    62706
    217/782-9031
    Dated:
    April
    1,
    2009
    2

    BEFORE
    THE ILLINOIS
    POLLUTION CONTROL
    BOARD
    PEOPLE OF THE
    STATE OF
    ILUNOIS,
    )
    Complainant,
    PCBN
    0
    q-
    3
    )
    (Water - Enforcement)
    SUMMER RIDGE,
    L.LC, an Illinois
    limited
    )
    HabNity company and
    STARK
    )
    EXCAVATING, INC.,
    an
    illinois corporation,
    )
    cti<’s
    OFFICE
    Respondents.
    )
    APR
    03
    2009
    COMPLAINT
    STATE
    OF
    ILUNOIS
    Pollution
    Control
    Board
    The PEOPLE
    OF THE STATE
    OF
    ILLINOIS,
    ex rel. LISA
    MADIGAN,
    Attorney
    General
    of the State
    of Illinois,
    complains
    of the Respondents,
    SUMMER
    RIDGE, L.L.C.,
    an
    Illinois
    limited
    liability company,
    and STARK
    EXCAVATING,
    INC.,
    an Illinois
    corporation, as follows:
    COUNT I
    WATER
    POLLUTION
    1.
    This
    Complaint is brought
    by the
    Attorney
    Genera! on her
    own motion
    and
    at the
    request of the
    Illinois
    Environmental
    Protection
    Agency
    (“Illinois
    EPA”),
    pursuant
    to the
    terms
    and
    provisions of
    Section
    31 of
    the
    Illinois
    Environmental
    Protection
    Act (“the
    Act”),
    415
    ILCS
    5/31
    (2006).
    2.
    The
    Illinois EPA is an agency
    of
    the
    State of
    Illinois
    created by the
    Illinois
    General Assembly
    in
    Section
    4 of the Act,
    415 ILCS 5/4 (2006),
    and
    charged,
    inter a/ia,
    with
    the
    duty
    of
    enforcing
    the Act in proceedings
    before
    the
    Illinois
    Pollution
    Control Board
    (“Board”).
    3.
    This Complaint
    is brought
    pursuant to Section
    31
    of the
    Act, 415
    LOS 5/31
    (2006),
    after providing
    the Respondents
    with notice
    and
    the
    opportunity for
    a
    meeting
    with
    the
    Illinois EPA.
    4.
    The
    Respondent, Summer
    Ridge,
    L.L.C. (“Summer
    Ridge”), is an
    Illinois
    limited
    liability
    company
    whose registered
    agent is
    William A. Johnston,
    9 Heartland
    Drive, Unit C,
    1

    Bloomington,
    Hlinois,
    61704.
    Summer
    Ridge owns and is developing
    a residential
    housing
    area
    known
    as Summer
    Ridge
    Subdivision
    (the
    “site”)
    located
    at
    Alta
    Road
    (Route
    174)
    and Radnor
    Road, in
    Peoria,
    Peoria
    County, Illinois.
    5.
    The
    Respondent,
    Stark
    Excavating,
    Inc. (Stark
    Excavating”),
    is an Illinois
    corporation
    whose registered
    agent
    is David
    K.
    Stark, 1805 W. Washington,
    Bloomington,
    Illinois,
    61701.
    Stark
    Excavating
    is the construction
    contractor
    for
    the Summer Ridge
    Subdivision
    project.
    6.
    The site totals
    22.2
    acres.
    The current
    development is to
    include
    57
    lots.
    A
    second phase
    of development
    is to increase
    the project size
    to 47 acres and
    115
    lots.
    7.
    Storm water
    from the site discharges
    into
    an
    unnamed stream
    at the
    site
    and
    into Kickapoo Creek.
    8.
    Section
    3.165 of the Act, 415
    ILCS 5/3.165
    (2006), provides the
    following
    definition:
    “Contaminant”
    is any solid,
    liquid,
    or
    gaseous matter,
    any odor, or any
    form of energy,
    from whatever source.
    9.
    Section 3.545 of the
    Act, 415 ILCS 5/3.545
    (2006), provides
    the following
    definition:
    “Water
    pollution” is
    such alteration of
    the physical, thermal,
    chemical,
    biological or
    radioactive properties
    of any waters of
    the
    State,
    or such
    discharge
    of any contaminant
    into any waters
    of the State, as will
    or is
    likely
    to create
    a
    nuisance or
    render
    such
    waters
    harmful or
    detrimental
    or injurious to
    public health, safety
    or welfare, or
    to
    domestic,
    commercial,
    industrial, agricultural,
    recreational,
    or other legitimate
    uses,
    or to
    livestock, wild animals,
    birds,
    fish,
    or other aquatic life.
    10.
    The
    unnamed steam
    at the
    site
    and
    Kickapoo
    Creek constitute
    “waters”
    of the
    State
    as that
    term is defined in
    Section 3.550
    of the Act, 415 ILCS
    5/3.550 (2006),
    as follows:
    2

    “Waters”
    means
    all
    accumulations
    of water,
    surface
    and underground,
    natural,
    and artificial,
    public
    and private,
    or parts
    thereof,
    which
    are
    wholly
    or partially
    within, flow
    through, or
    border
    upon
    this
    State.
    11.
    Sections
    12(a),
    12(d),
    and 12(f) of
    the Act, 415
    ILCS
    5/12(a),
    (d),
    and (f)
    (2006),
    provide:
    No person
    shaH:
    a.
    Cause or
    threaten or
    allow
    the discharge
    of any
    contaminants
    into
    the environment
    in any
    State so
    as to cause
    or tend
    to
    cause
    water
    pollution in
    Illinois,
    either alone
    or in
    combination
    with
    matter
    from
    other sources,
    or
    so as to
    violate regulations
    or
    standards
    adopted
    by
    the Pollution
    Control
    Board under
    this Act;
    ***
    d.
    Deposit
    any contaminants
    upon
    the land
    in
    such
    place
    and
    manner
    so as
    to
    create
    a water
    pollution
    hazard.
    * *
    *
    f.
    Cause,
    threaten
    or allow
    the discharge
    of
    any contaminants
    into
    the
    waters
    of the
    State,
    as defined
    herein, including
    but
    not
    limited
    to, water
    to
    any
    sewage works,
    or into
    any well
    or from any
    point
    source
    within
    the
    State, without
    an
    NPDES
    permit
    for
    point source
    discharges
    issued
    by
    the Agency
    under Section
    39(b)
    of this Act,
    or
    in
    violation
    of
    any
    term
    or condition
    imposed
    by such
    permit, or
    in violation
    of any
    NPDES
    permit filing
    requirement
    established
    under Section
    39(b),
    or
    in
    violation
    of
    any regulations
    adopted
    by
    the
    Board or
    of
    any
    order adopted
    by
    the
    Board
    with
    respect
    to
    the
    NPDES program.
    12.
    Section
    309.102(a)
    of
    the
    Board’s
    Water Pollution
    Regulations,
    35
    Ill.
    Admin.
    Code
    309.102(a),
    provides:
    a.
    Except as
    in compliance
    with
    the
    provisions
    of
    the
    Act,
    Board
    regulations,
    and the CWA,
    and the
    provisions
    and
    conditions
    of
    the NPDES
    permit
    issued
    to the discharger,
    the
    discharge
    of
    any
    contaminant
    or
    pollutant
    by
    any person
    into the
    waters of the
    State
    from
    a
    point
    source
    or
    into
    a
    well
    shall be unlawful.

    ***
    13.
    On July
    31,
    2006, Illinois EPA received
    from Respondent
    Summer
    Ridge
    a
    Notice of Intent (“NOI”) for coverage
    under the National Pollutant Discharge Elimination
    System
    (‘NPDES”) general permit for construction site activities.
    On August 31, 2006, Illinois EPA
    issued NPDES permit no. 1LR10G268
    to Respondent Summer Ridge.
    14.
    On October 27, 2006, Illinois EPA inspected the site
    at Summer Ridge
    Subdivision. Infrastructure construction was underway and the entire
    site
    was
    barren.
    The only
    erosion
    controls
    were silt fencing around storm sewer inlets which were
    above grade and
    unlikely
    to
    receive storm water, along with approximately
    20
    feet
    of
    silt
    fence in front of a culvert
    on the
    receiving stream which divides the site.
    The
    stream bed
    was
    filled
    with
    sediment and
    erosion
    was
    present on both embankment sides.
    15.
    On
    November 1,
    2006,
    Illinois
    EPA was
    informed
    by the design
    engineer
    for
    Summer
    Ridge Subdivision that construction work had commenced approximately six (6) weeks
    previous
    and that the sanitary sewer work was complete. The design engineer
    further
    stated
    that
    Respondent Stark
    Excavating would
    be contacted about the
    inadequate
    storm
    water
    controls.
    16.
    On November
    2,
    2006, Illinois EPA reinspected the site and observed that the
    storm
    water controls
    were
    unchanged from the
    earlier inspection. The controls
    in
    place were
    substantially
    ineffective. Illinois EPA was
    informed
    that Respondent Stark Engineering
    would
    be installing
    additional
    controls
    as
    provided for in
    the
    storm
    water pollution prevention plan
    (“SWPPP”)
    for
    the
    site.
    17.
    On December 26, 2006,
    Illinois
    EPA
    received from Respondent Stark
    Engineering a
    report
    of an incidence
    of
    non-compliance (“ION”). The 1ON stated that
    Respondent
    Stark
    Engineering failed
    to
    properly
    implement
    and
    maintain proper sediment
    4

    control
    because ongoing earth
    moving operations
    prevented the
    initial instaHation of
    the entire
    sediment
    control system.
    18.
    On July
    16,
    2007, Illinois EPA
    reinspected the site.
    Erosion control
    measures
    remained inadequate
    and included only
    silt fencing at street
    inlets and along
    the site receiving
    stream,
    Sediment
    was entering
    and discharging from
    the
    site retention
    pond.
    19.
    On
    July 25,
    2007,
    Illinois EPA again
    reinspected the
    site. Additional silt
    fencing
    had been installed
    and repair
    work
    had
    been done
    of
    pre-existing
    fencing. No source
    controls
    had been
    installed along the
    curbs at lot
    areas.
    20.
    By
    failing
    to
    provide adequate
    storm
    water pollution controls
    Respondents
    caused,
    allowed
    or threatened to
    cause
    water
    pollution, in
    violation
    of Section 12(a)
    of the Act,
    415 ILCS
    5/12(a) (2006).
    21.
    By
    failing to provide
    adequate storm
    water
    pollution
    controls
    Respondents
    deposited
    contaminants
    upon the
    land in such
    place and
    manner
    so as to
    create a water
    pollution
    hazard, in
    violation
    of
    Section
    12(d) of the Act,
    415
    ILCS 5/12(d)
    (2006).
    PRAYER
    FOR
    RELIEF
    WHEREFORE, Complainant,
    the
    PEOPLE
    OF THE
    STATE
    OF ILLINOIS,
    respectfully
    request that the
    Board enter an
    order against the
    Respondents,
    SUMMER
    RIDGE,
    L.L.C. and
    STARK
    EXCAVATING,
    INC.:
    A.
    Authorizing a
    hearing in this
    matter at
    which
    time
    the
    Respondents will be
    required
    to answer the
    allegations
    herein;
    B.
    Finding the
    Respondents
    have violated the Act
    and the
    regulations
    as
    alleged
    herein;
    5

    C.
    Ordering
    Respondents to cease and
    desist
    from any further violations of the
    Act
    and associated regulations;
    D.
    Pursuant
    to Section 42(a) of the Act, 415 1LCS 5142(a) (2006) impose a civil
    penalty of not more than the statutory
    maximum;
    and
    E.
    Granting such other
    relief as the Board may deem
    appropriate.
    COUNT II
    NPDES PERMIT VIOLATIONS
    1-19. Complainant reafleges and incorporates herein by reference paragraphs 1
    through
    19 of
    Count I as
    paragraphs
    I
    through 19
    of
    this Count II.
    20.
    The storm
    water
    system at the
    site constitutes
    a
    “point source” as that term is
    defined in the federal Clean Water Act (“CWA”):
    The
    term “point source” means any discernible, confined and discrete
    conveyance,
    including
    but
    not
    limited
    to
    any pipe, ditch, channel, tunnel,
    conduit, well, discrete fissure, container,
    rolling
    stock,
    concentrated
    animal feeding
    operation,
    or vessel or other floating craft, from which
    pollutants are or may be
    discharged.
    33
    U.S.C.A.
    §
    1362(14).
    21.
    By failing to properly implement
    and maintain adequate storm water pollution
    controls
    Summer Ridge
    violated its NPDES permit and thereby
    violated
    35
    Ill.
    Adm. Code
    309.102(a)
    and Sections 12(a) andl2(f) of the Act,
    415 LCS 5/12(a) and 12(f) (2006).
    PRAYER
    FOR REIJEF
    WHEREFORE,
    Complainant, the PEOPLE OF
    THE
    STATE
    OF
    ILLINOIS, respectfully
    request
    that
    the Board
    enter an order
    against
    the
    Respondent, SUMMER RIDGE, L.L.C.
    A.
    Authorizing a hearing in
    this matter at which time the Respondent will be
    required to answer the
    allegations herein;
    6

    B.
    Finding the
    Respondent has
    violated
    the
    Act
    and the
    regulations
    as
    alleged
    herein;
    C.
    Ordering Respondent
    to
    cease
    and desist
    from
    any further
    violations of the Act
    and associated
    regulations;
    D.
    Pursuant
    to
    Section 42(a) of the
    Act,
    415 ILCS
    5/42(a)
    (2006)
    impose
    a
    civil
    penalty of
    not more than the
    statutory maximum;
    and
    E.
    Granting such
    other
    relief
    as
    the Board
    may
    deem
    appropriate.
    Respectfully
    submitted,
    PEOPLE OF
    THE STATE
    OF
    ILLINOIS
    LISA
    MADIGAN,
    Attorney
    General of the
    State
    of Illinois,
    MATTHEWJ.
    DUNN, Chief
    Environmental
    Enforcement/Asbestos
    Litigation
    Division
    THOMAS
    DAVIS, Chief
    Environmental
    Bureau
    Assistant
    Attorney
    General
    Of
    Counsel
    Raymond
    J.
    Callery
    Assistant Attorney
    General
    500
    South Second
    Street
    Springfield,
    Illinois 62706
    (217)
    7829031
    Dated:
    April 1, 2009
    7

    BEFORE
    THE ILLINOiS
    POLLUTION
    CONTROL
    BOARD
    PEOPLE
    OF THE STATE
    OF ILLINOIS,
    )
    )
    Complainant,
    )
    PCBNO.
    )
    (‘Vater - Enforcement)
    SUMMER RIDGE,
    L.L.C., an
    Illinois
    )
    limited
    liability company,
    and STARK
    )
    EXCAVATING,
    INC., an
    Illinois
    corporation,
    )
    Respondents.
    )
    APR
    03
    200g
    Poliu
    01
    .
    ILLINO,8
    STIPULATION
    AND PROPOSAL
    FOR
    SETTLEMf1
    SUMMER
    RIDGE
    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
    SUMMER
    RIDGE,
    L.L.C., an
    Illinois limited liability
    company
    (“Summer
    Ridge”
    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.
    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
    ofthe facts stipulated
    herein
    shall
    be
    introduced
    into evidence
    in any other proceeding
    regarding
    the violations
    of the Illinois
    Environmental
    Protection Act
    (“Act”), 415
    ILCS 5/I 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.
    A Conpiaint 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 the Respondent.
    2
    The Illinois
    EPA is an
    administrative agency of the State of
    Ilimois, created
    pursuant
    to Section 4 of the
    Act, 415
    ILCS
    5/4 (2006)
    3.
    At all times relevant
    to
    the Complaint,
    Summer
    Ridge was
    and is an
    Illinois
    limited
    liability
    company
    that is authorized to transact
    business
    in the State of Illinois. At
    all times
    relevant
    to the Complaint, Summer Ridge owned and was developing a
    residential housing area know
    as
    Summer
    Ridge
    Subdivision
    located at Alta
    Road (Route 174) and Radnor Road, in
    Peoria,
    Peoria
    County, Illinois (the
    sitell).
    4,
    At all times relevant to the Complaint,
    Stark Excavating, Inc. (Stark
    Excavating)
    was
    and
    is an Illinois corporation that is authorized to
    transact business in the State
    of Illinois.
    At all
    times relevant
    to the
    Complaint, Stark Excavating was the construction
    contractor for the site.
    5.
    On
    July
    31, 2006,
    Summer Ridge filed its Notice of Intent
    for coverage under
    the
    General NPDES Permit for construction site
    activity. On August 3 1, 2006, Illinois
    EPA
    notified
    Summer
    Ridge
    of its coverage under NPDES Permit No.
    1LR10G268.
    6.
    On October 27, 2006,
    Illinois EPA inspected the site at Summer
    Ridge
    Subdivision.
    Infrastructure construction was underway and the entire site was
    barren. The only erosion controls
    2

    were
    silt
    fencing
    around
    storm
    sewer
    inlets
    which
    were
    above
    grad
    e
    and unlikely
    to
    receive
    storm
    water,
    along
    with
    approximately
    20
    feet
    of
    silt fence
    in
    fi•nt
    of a
    culvert
    on
    the receiving
    stream
    which
    divides
    the
    site.
    The stream
    bed
    was filled
    with
    sediment
    and erosion
    was
    present
    on
    both
    embankment
    sides.
    7.
    On
    November
    1, 2006,
    Illinois
    EPA
    was informed
    by the
    design
    engineer
    for
    Summer
    Ridge
    Subdivision
    that construction
    work
    had
    commenced
    approximately
    six (6)
    weeks
    previous
    and
    that
    the sanitary
    sewer work
    was
    complete.
    The
    design
    engineer
    further
    stated
    that
    Stark
    Excavating
    would
    be contacted
    about
    the inadequate
    storm
    water controls.
    8.
    On
    November
    2,
    2006, Illinois
    EPA
    reinspected
    the
    site and
    observed
    that
    the
    storm
    water
    controls
    were unchanged
    from
    the earlier
    inspection.
    The
    controls
    in place
    were
    substantially
    ineffective.
    Illinois
    EPA
    was
    informed
    that Stark
    Engineering would
    be installing
    additional
    controls
    as provided
    for in
    the
    storm
    water
    pollution
    prevention
    plan
    (SWPPP)
    for the
    site.
    9.
    On
    December
    26,
    2006,
    Illinois
    EPA
    received
    from
    Stark Engineering
    a
    report
    of an
    incidence
    of
    non-compliance
    (“ION”).
    The
    ION
    stated
    that
    Stark
    Engineering
    failed
    to
    properly
    implement
    and
    maintain
    proper
    sediment
    control
    because
    ongoing
    earth
    moving
    operations
    prevented
    the
    initial
    installation
    of the
    efltire
    sediment
    control
    system.
    10.
    On
    July
    16,
    2007,
    Illinois
    EPA
    reinspected
    the site.
    Erosion
    control
    measures
    remained
    inadequate
    and
    included
    only
    silt
    fencing
    at
    street
    inlets
    and along
    the
    site
    receiving
    stream.
    Sediment
    was
    entering
    and
    discharging
    from
    the
    site retention
    pond.
    B.
    Allegations of Non-Compliance
    Complainant
    and
    the Illinois
    EPA
    contend
    that
    the
    Respondent
    has
    violated
    the
    following
    3

    provisions
    of
    the
    Act
    and
    Board
    regulations:
    COUNT
    I:
    WATER
    POLLUTION,
    in violation
    of
    Section
    12(a)
    and (d)
    of the
    Act,
    415
    ILCS
    5/12(a)
    and (d)
    (2006).
    COUNT
    11:
    NPDES
    PERMIT
    VIOLATIONSin
    violation
    of
    35111,
    Adm.
    Code
    309.1
    02(a)
    and
    Sections
    12(a)
    and
    1
    2(f)
    of
    the
    Act,
    415
    ILCS
    5/12(a)
    and
    12(f)
    (2006).
    C.
    Admission
    of
    Violations
    The
    Respondent
    admits
    to
    the
    violations
    alleged
    in the
    Complaint
    filed
    in
    this
    matter
    and
    referenced
    within
    Section
    I.B
    herein.
    D.
    Compliance
    Activities
    to
    Date
    1.
    On
    JuL
    25, 2007,
    Illinois
    EPA
    again
    reinspected
    the
    site.
    Additional
    silt
    fencing
    had
    been
    installed
    and
    repair
    work
    had
    been
    done
    on
    pre-existing
    fencing.
    No
    source
    controls
    had
    been
    installed
    along
    the
    curbs
    at
    lot areas.
    2.
    On March
    21, 2008,
    Illinois
    EPA
    again
    reinspected
    the site.
    Silt
    fencing
    was
    provided
    around
    Lot A.
    Beaver
    dams
    and
    dandy
    bags
    were
    provided
    at
    inlets.
    ‘Rolled
    socks”
    had
    been
    provided
    along
    the
    curbs
    at
    the
    three
    homes
    under
    construction
    although
    they
    did
    not appear
    to
    be
    completely
    effective.
    The
    required
    inspection
    reports
    were
    on
    site
    with
    the most
    recent
    one being
    for
    March
    17,
    2008.
    H.
    APPLICABILITY
    This
    Stipulation shall
    apply
    to and
    be binding
    upon
    the
    Complainant,
    the
    Illinois
    EPA
    and
    4

    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).
    HI. 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.
    The
    water
    quality
    of the unnamed
    stream
    at the site
    and Kickapoo
    Creek
    was
    adversely affected
    by
    the
    inadequate
    storm water
    pollution
    controls.
    2.
    There
    is
    social
    and
    economic
    benefit
    in the
    construction
    of new
    homes at
    the
    site.
    3,
    Construction
    activity
    at the
    site was
    suitable
    for
    the area in
    which it
    occurred.
    4.
    Providing
    adequate
    storm
    water
    pollution
    controls and
    complying
    with the
    NPDES
    general
    storm water
    permit
    were
    both technically
    practicable
    and
    economically
    reasonable.
    5.
    Respondent
    has subsequently
    complied
    with
    the Act and
    the Board
    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
    subj
    ect
    to the
    Act;
    5.
    the
    number,
    proximity
    in
    time,
    and
    gravity
    of previously
    adjudicated
    violations
    of
    this
    Act
    by the respondent;
    6

    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
    to this
    Stipulation
    state
    as
    follows:
    1.
    The
    NPDES
    general
    storm
    water
    permit violations
    by
    Summer
    Ridge
    and
    Stark
    Excavating,
    were observed
    during
    the Illinois
    EPA inspection
    onOctober
    27, 2006.
    Construction
    work
    had
    reportedly
    commenced
    in mid-September
    2006.
    The barren
    site lacked
    adequate
    storm
    water and
    erosion
    controls,
    and
    sediment
    was reaching
    a
    stream
    at the
    site.
    A
    follow-up
    inspection
    on July 16,
    2007,
    indicated
    that
    improvements
    in
    controls were
    still
    needed.
    2.
    After
    the Illinois
    EPA’s
    inspection
    on
    October
    27,2006,
    Summer
    Ridge’s contractor,
    Stark Excavating,
    took steps
    to
    improve
    the storm
    water
    and erosion
    controls.
    1-Jowever,
    Illinois
    EPA
    observed
    continuing
    erosion
    when it
    inspected the
    site
    in July
    2007.
    3.
    Summer
    Ridge
    and
    Stark Excavating
    delayed
    the costs
    of implementing
    erosion
    control measures
    at
    the site
    and
    benefitted
    economically
    as a
    result of
    the
    non-compliance
    in this
    matter.
    4.
    Complainant
    and the
    Illinois
    EPA
    have
    determined,
    based upon
    the specific
    facts
    of
    this
    matter, that
    a
    penalty
    of
    TEN
    THOUSAND
    DOLLARS
    ($10,000.00)
    on behalf
    of Summer
    Ridge,
    will serve
    to
    deter
    further
    violations
    and aid in
    future
    voluntary
    compliance
    with the Act
    and
    Board regulations.
    5.
    To
    Complainant’s
    and
    the
    Illinois
    EPA’s
    knowledge,
    Summer
    Ridge and
    Stark
    7

    Excavating
    have
    no
    previously
    adjudicated
    violations
    of
    the Act.
    6.
    Summer
    Ridge
    and
    Stark Excavating
    did
    not
    voluntarily
    disclose
    the
    violations
    involved
    in this
    case.
    7.
    The
    settlement
    of this
    matter
    does not
    include
    a supplemental
    environmental
    project.
    V. TERMS
    OF
    SETTLEMENT
    A.
    Penalty
    Paynent
    1.
    The
    Respondent,
    Summer
    Ridge,
    shall
    pay
    a civil
    penalty
    in
    the
    sum
    of
    TEN
    THOUSAND
    DOLLARS
    ($10,000.00)
    within
    thirty (30)
    days
    from
    the date
    the Board
    adopts
    and
    accepts
    this
    Stipulation.
    B.
    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
    attorneys
    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
    8

    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
    The name, case number and the Respondents 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:
    Raymond J. Callery
    Environmental Bureau
    Illinois Attorney General’s
    Office
    500
    South
    Second Street
    Springfield,
    Illinois 62706
    D.
    Release from Liability
    In consideration of the Respondent’s payment of the
    $10,000.00
    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
    9

    Complainant’s
    Complaint.
    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
    ofthis
    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
    otherthan
    the
    Respondent.
    E.
    Enforcement
    and
    Modification
    of
    Stipulation
    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:
    F.
    Execution
    of Stipulation
    The
    undersigned
    representatives
    for each
    part)’ to this
    Stipulation
    certi’
    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.
    10

    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
    OP
    ILLINOIS
    THE ILLINOIS
    ENVIRONMFNTAL
    PROTECTION
    AGENCY
    LISA MADIGAN
    Attorney
    General
    DOUGLAS P. SCOTT,
    Director
    State of Illinois
    Illinois Environmental
    Protection
    Agency
    MATTHEW
    J. DUNN,
    Chief
    Environmental
    Enforcement!
    BY:
    -
    Asbestos
    Litigation Division
    ROBERT A.
    MESSINA
    Chief Legal Counsel
    BY:
    DATE:
    THOMAS
    DAVIS,
    Chief
    Environmental
    Bureau
    Assistant
    Attorney
    General
    DATE:
    Y4i49
    SUMMER RIDGE,
    L.L.C.
    BY:
    Name
    (print):j/4//J7
    K
    Title:________________
    DATE:______________
    11

    BEFORE
    THE ILLINOIS
    POLLUTION
    CONTROL
    BOARD
    PEOPLE
    OF
    THE
    STATE
    OF
    ILLINOIS,
    )
    )
    Complainant,
    )
    v.
    PCBNO.
    )
    (Water
    - Enforcement)
    SUMMER
    RIDGE,
    L.L.C.,
    an Illinois
    )
    limited liability
    company,
    and
    STARK
    )
    CEVED
    EXCAVATING,
    INC.,
    an Illinois
    corporation,
    )
    CLERK’S
    OFFICE
    Respondents.
    APR
    032009
    STATE
    OF
    ILUNOIS
    oIIuon
    control
    Board
    STIPULATION
    AND
    PROPOSAL
    FOR
    SETTLEMENT
    STARK
    EXCAVATING
    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
    STARK
    EXCAVATING,
    INC. an
    Illinois corporation
    (Stark
    Excavating
    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.
    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
    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

    L STATEMENT OF FACTS
    A.
    Parties to the Stipulation
    1,
    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 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,
    Summer
    Ridge, L.L.C.
    (“Summer Ridge”),
    was and is an Illinois limited liability company that is
    authorized
    to
    transact business in the State of
    Illinois. At
    all times relevant to the Complaint,
    Summer
    Ridge
    owned and
    was developing
    a
    residential
    housing
    area know as Summer
    Ridge Subdivision located
    at
    Alta Road (Route
    174)
    and
    Radnor Road, in
    Peoria,
    Peoria County,
    Illinois (the “site’).
    4.
    At all times relevant to the
    Complaint, Stark Excavating
    was
    and is an Illinois
    corporation that
    is authorized
    to transact
    business in the State of
    Illinois.
    At all times
    relevant
    to
    the
    Complaint, Stark
    Excavating
    was the
    construction contractor for the site.
    5.
    On July 31, 2006,
    Summer
    Ridge filed its
    Notice
    of Intent for
    coverage under the
    General NPDES Permit for construction
    site activity. On August 31, 2006, Illinois EPA
    notified
    Summer
    Ridge
    of
    its coverage under NPDES
    Permit
    No. 1LR10G268,
    6.
    On October 27, 2006, Illinois
    EPA inspected
    the site
    at
    Summer Ridge Subdivision.
    Infrastructure
    construction was
    underway
    and
    the entire site was barren. The only erosion controls
    were
    silt fencing around
    storm
    sewer
    inlets
    which were above grade and unlikely to
    receive
    storm
    2

    water, along
    with
    approximately
    20
    feet
    of
    silt
    fence
    in
    front
    of
    a
    culvert
    on
    the
    receiving
    stream
    which
    divides the
    site.
    The
    stream
    bed
    was
    flied
    with
    sediment and
    erosion
    was
    present on
    both
    embankment
    sides.
    7.
    On
    November
    1, 2006,
    Illinois
    EPA
    was
    informed by
    the
    design
    engineer
    for
    Summer
    Ridge
    Subdivision
    that
    construction
    work
    had
    commenced
    approximately
    six
    (6)
    weeks
    previous
    and
    that
    the
    sanitary
    sewer
    work
    was
    complete.
    The
    design
    engineer
    further stated
    that
    Stark
    Excavating
    would
    be
    contacted
    about
    the
    inadequate
    storm
    water controls.
    8.
    On
    November
    2, 2006,
    Illinois
    EPA
    reinspected
    the
    site
    and
    observed
    that
    the
    storm
    water
    controls were
    unchanged
    from
    the
    earlier inspection.
    The
    controls
    in
    place
    were
    substantially
    ineffective.
    Illinois
    EPA
    was
    informed
    that
    Stark
    Excavating
    would
    be
    installing
    additional
    controls
    as
    provided
    for
    in the
    storm
    water
    pollution
    prevention
    plan
    (‘SWPPP’)
    for
    the
    site.
    9.
    On
    December
    26,
    2006,
    Illinois
    EPA
    received from
    Stark
    Excavating
    a report
    of
    an
    incidence of
    non-compliance
    (ION”).
    The
    JON
    stated
    that
    Stark
    Excavating
    failed to properly
    implement
    and
    maintain
    proper
    sediment
    control
    because
    ongoing
    earth
    moving
    operations
    prevented
    the
    initial
    installation
    of the
    entire
    sediment
    control
    system.
    10.
    On
    July
    16,
    2007,
    Illinois
    EPA
    reinspected
    the
    site.
    Erosion
    control
    measures
    remained
    inadequate
    and
    included
    only
    silt
    fencing
    at
    street
    inlets
    and
    along
    the
    site
    receiving
    stream.
    Sediment
    was
    entering
    and
    discharging
    from
    the
    site
    retention
    pond.
    B.
    Allegations
    of
    Non-Compliance
    Complainant
    and
    the
    Illinois EPA
    contend
    that
    the
    Respondent
    has
    violated the
    following
    3

    provisions
    of
    the Act and
    Board
    regulations:
    COUNT I:
    WATER
    POLLUTION.
    in
    violation
    of
    Section
    12(a)
    and
    (d)
    of the
    Act,
    415 ILCS
    5/12(a) and
    (d)
    (2006).
    C.
    Admission
    of
    Violations
    The
    Respondent
    admits
    to
    the violations
    alleged
    in the Complaint
    filed in this
    matter and
    referenced
    within
    Section
    I.B herein.
    D.
    Compliance
    Activities
    to
    Date
    1.
    On July
    25, 2007,
    Illinois EPA
    again reinspected
    the site.
    Additional
    silt
    fencing had
    been
    installed and
    repair work
    had
    been
    done on
    pre-existing
    fencing.
    No source
    controls had
    been
    installed along
    the curbs
    at lot areas.
    2.
    On March
    21,
    2008,
    Illinois
    EPA
    again reinspected
    the
    site. Silt fencing
    was
    provided
    around
    Lot
    A. Beaver
    dams
    and
    dandy
    bags were
    provided
    at inlets.
    “Rolled
    socks”
    had
    been
    provided along
    the curbs
    at the three
    homes
    under construction
    although
    they
    did not
    appear
    to be
    completely
    effective.
    The
    required
    inspection
    reports were
    on site
    with
    the
    most recent
    one
    being
    forMarch
    17, 2008.
    H.
    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,
    4

    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 ofa
    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).
    IlL
    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:
    I.
    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.
    Thn
    water quality
    of the
    unnamed stream
    at
    the
    site
    and Kickapoo
    Creek
    was
    adversely
    affected
    by
    the
    inadequate
    storm
    water
    pollution
    controls.
    2.
    There
    is social
    and
    economic
    benefit
    in the
    construction
    of new
    homes
    at the site.
    3.
    Construction
    activity
    at
    the
    site
    was
    suitable
    for
    the area in
    which it
    occurred.
    D

    4.
    Providing
    adequate
    storm
    water
    pollution
    conioIs and
    complying
    with the
    NPDES
    general
    storm
    water
    permit
    were both
    techrdcally
    practicable
    and
    economically
    reasonable.
    5.
    Respondent
    has
    subsequently
    complied
    with
    the
    Act
    and the Board
    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
    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.
    6

    In
    response
    to
    these
    factors,
    the
    parties
    to
    this
    Stipulation
    state
    as
    follows:
    1.
    The
    NPDES
    general
    storm
    water
    permit
    violations
    by
    Summer
    Ridge
    and
    Stark
    Excavating,
    were
    observed
    during
    the
    Illinois
    EPA
    inspection
    on
    October
    27,
    2006.
    Construction
    work
    had
    reportedly
    commenced
    in
    mid-September
    2006.
    The
    balTen
    site
    lacked
    adequate
    storm
    water
    and
    erosion
    controls,
    and
    sediment
    was
    reaching a
    stream
    at
    the
    site.
    A follow-up
    inspection
    on
    July
    16,
    2007,
    indicated
    that
    improvements
    in
    controls
    were
    still
    needed.
    2.
    After
    the
    Illinois
    EPA’s
    inspection
    on
    October
    27,
    2006,
    Summer
    Ridge’s contractor,
    Stark
    Excavating,
    took
    steps
    to improve
    the
    storm
    water
    and
    erosion
    controls.
    However,
    Illinois
    EPA
    observed
    continuing
    erosion
    when
    it inspected
    the
    site
    in
    July
    2007.
    3.
    Summer
    Ridge
    and
    Stark
    Excavating
    delayed
    the
    costs
    of
    implementing
    erosion
    control
    measures at
    the site
    and
    benefitted
    economically
    as a
    result
    of the
    non-compliance
    in
    this
    matter.
    4.
    Complainant
    and
    the Illinois
    EPA
    have
    determined,
    based
    upon
    the
    specific
    facts
    of
    this
    matter,
    that
    a penalty
    of
    FIVE
    THOUSAND
    DOLLARS
    ($5,000.00)
    on
    behalf
    of
    Stark
    Excavating, will
    serve
    to deter
    further
    violations
    and
    aid
    in
    future
    voluntary
    compliance
    with
    the
    Act
    and
    Board
    regulations.
    5.
    To
    Complainants
    and
    the
    Illinois
    EPA’s
    knowledge,
    Summer
    Ridge
    and
    Stark
    Excavating have
    no
    previously
    adjudicated
    violations
    of the
    Act.
    6.
    Summr
    Ridge
    and
    Stark
    Excavating
    did
    not
    voluntarily
    disclose
    the
    violations
    involved
    in
    this
    case.
    7.
    The
    settlement
    of this
    matter
    does
    not
    include
    a
    supplemental
    environmental
    project.
    7

    V.
    TERMS
    OF SETTLEMENT
    A
    Penally
    Payment
    1.
    The
    Respondent,
    Stark
    Excavating,
    shall
    pay a civil
    penalty
    in
    the sum
    of FIVE
    THOUSAND DOLLARS
    ($5,000.00)
    within
    thirty
    (30)
    days
    from the
    date
    the Board
    adopts
    and
    accepts
    this
    Stipulation.
    B.
    Interest
    and
    Default
    1.
    Ifthe 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
    attorneys
    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
    8

    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
    The
    name,
    case number
    and
    the Respondents
    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:
    Raymond
    J.
    Callery
    Environmental
    Bureau
    Illinois
    Attorney
    Generals
    Office
    500
    South
    Second
    Street
    Springfield,
    Illinois
    62706
    D.
    Release
    from
    Liability
    In consideration
    of the Respondents payment
    of the
    $5,000.00
    penalty,
    completion
    of
    all
    activities
    required
    hereunder,
    and upon
    the Boards
    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
    Complaiiit
    herein.
    The
    release
    set forth
    above
    does
    not
    extend
    to
    any
    matters
    other
    than
    those
    expressly
    specified
    in
    Complainant’s
    Complaint.
    The Complainant
    reserves,
    and
    this
    Stipulation
    is
    without
    ptejudice
    to,
    all
    rights
    of
    the
    State
    of Illinois
    against
    the Respondent
    with
    respect
    to all
    other
    matters,
    including
    9

    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
    3.3 15
    of the Act,
    415
    ILCS 5/3.3
    15, or
    entity other
    than the
    Respondent.
    E.
    Enforcement
    and Modification
    of Stipulation
    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.
    F.
    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.
    10

    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
    DOUGLAS
    P.
    SCOTT,
    Director
    State
    of
    Illinois
    Illinois
    Enronmental
    Protection
    Agency
    MATTHEW J. D,
    Chief
    BY:
    .
    Environmental
    Enforcement!
    ROBER
    A
    MLSSINA
    Asbestos
    Litigation
    Division
    Chief
    Legal
    Counsel
    BY:
    DATE:
    THOMAS
    DAVIS,
    Chief
    Environmental
    Bureau
    Assistant
    Attorney
    General
    DATE:
    ‘1(/o9
    STARK
    EXCAVATING,
    INC.
    BY:
    Name
    (print):
    Title:
    t.-j
    DATE:z(,tO9,
    11

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