Lisa Madigan
A'I'IY)12NEY GENERAL
The Honorable Dorothy Gunn
Illinois Pollution Control Board
James R. Thompson Center, Ste
. 11-500
100 West Randolph
Chicago, Illinois 60601
Re :
People v
. Castle Ridge Estates Incorporated
PCB No. 05-191
Dear Clerk Gunn
:
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 in regard to the
above-captioned matter
. Please file the originals and return file-stamped copies to me in the
enclosed, self-addressed envelope.
Thank you for your cooperation and consideration
.
Very truly yours,
J . L. Homan
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
(217) 782-9031
JLH/pp
Enclosures
500 South Second Street, Spring Fcld, Illinois 62706
• (217) 782-1090 • '11 Y: (217) 785-2771
• Fax. (217) 782-7046
100 West RandoIph Street, Chicago, Illinois 60601
• (312) 814-3000
• T FY. (312) 814-3374 • Fax . (312) 814-3806
1001 East Main, Carbondalc, Illinois 62901
• (618) 529-6400 • "11'Y: (618),529-6403
• lax : (618) 529-6416
OFFICE OF THE ATTORNEY GENERAL
STR'I'P: OF ILLINOIS
March 2, 2007
RECEIVEDCLERK'S
OFFICE
MAR 0 7 2007
Pollution
STATE OF
Control
ILLINOISBoard
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated : March 2, 2007
NOTICE OF FILING
To:
Steven D. Grimm
Attorney at Law
P.O
. Box 632, 209 S . Morrison Avenue
Collinsville, IL 62234
PLEASE TAKE NOTICE that on this date I mailed for filing with the Clerk of the Pollution
Control Board of the State of Illinois, a MOTION FOR RELIEF FROM HEARING REQUIREMENT
and STIPULATION AND PROPOSAL FOR SETTLEMENT, copies of which are attached hereto
and herewith served upon you.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN,
Attorney General of the
State of Illinois
MATTHEW J . DUNN, Chief
Environmental Enforcement/Asbestos
Litigation Divi~ion,
B /
:
~~
J L . HOMAN
Assistant Attorney General
Environmental Bureau
BEFORE THE ILLINOIS POLLUTION CONTROL BOARDRECEIVED
CLERK'S OFFICE
PEOPLE OF THE STATE OF ILLINOIS, )
MAR
0 7 2007
Complainant,
)
STATE OF ILLINOIS
vs .
) PCB No
. 05-191
Pollution Control Board
CASTLE RIDGE ESTATES,
)
INCORPORATED, an Illinois
)
corporation,
)
Respondent .
)
CERTIFICATE OF SERVICE
I hereby certify that I did on March 2, 2007, send by First Class Mail, with postage thereon
fully prepaid, by depositing in a United States Post Office Box a true and correct copy of the
following instruments entitled NOTICE OF FILING, MOTION FOR RELIEF FROM HEARING
REQUIREMENT and STIPULATION AND PROPOSAL FOR SETTLEMENT
To:
Steven D
. Grimm
Attorney at Law
P .O . Box 632, 209 S
. Morrison Avenue
Collinsville, IL 62234
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
A copy was also sent by First Class Mail with postage thereon fully prepaid to
:
Carol Webb
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
Springfield, IL 62794
J L. HOMAN
Assistant Attorney General
This filing is submitted on recycled paper .
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 5/31(c)(2) (2004), 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) (2004) . In support of
this motion, Complainant states as follows :
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) (2004).
1
BEFORE THE ILLINOIS POLLUTION CONTROL
BOARD
CLERK'S
RECEIVE
OFFICED
PEOPLE OF THE STATE OF ILLINOIS, )
MAR 0 7 2007
Complainant,
)
vs.
)
PCB No. 05-191
STATE OF ILLINOIS
Pollution Control
Board
CASTLE RIDGE ESTATES,
)
INCORPORATED, an Illinois
)
corporation,
)
Respondent .
)
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) (2004)
.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN
ATTORNEY GENERAL
MATTHEW J . DUNN, Chief
Environmental Enforcement/Asbestos
Litigation Division
BY:
J . L . ROMAN
Environmental Bureau
Assistant Attorney General
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated
: March 2, 2007
2
BOARDfECEIVE®
CLERK'S
OFFICE
PEOPLE OF THE STATE OF ILLINOIS,
MAR 0
7
2007
Complainant,
STATE OF ILLINOIS
)
Pollution Control Board
PCB
05-191
v .
)
(Enforcement - )
CASTLE RIDGE ESTATES,
)
INCORPORATED, an Illinois
)
corporation,
)
Respondent .
STIPULATION AND PROPOSAL FOR SETTLEMENT
Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA
MADIGAN, Attorney General of the State of Illinois, the Illinois
Environmental Protection Agency ("Illinois EPA"), and CASTLE
RIDGE ESTATES, INCORPORATED, a dissolved Illinois corporation
("Respondent"), have agreed to the making of this Stipulation and
Proposal for Settlement ("Stipulation") and submit it to the
Illinois Pollution Control Board ("Board") for approval
. The
parties agree that the statement of facts contained herein
represents a fair summary of the evidence and testimony which
would be introduced by the parties if a hearing were held . The
parties further stipulate that this statement of facts is made
and agreed upon for purposes of settlement only and that neither
the fact that a party has entered into this Stipulation, nor any
BEFORE THE ILLINOIS POLLUTION CONTROL
of the facts
stipulated herein, shall be introduced into evidence
in any other proceeding regarding the claims asserted in the
Complaint except as otherwise provided herein . If the Board
approves and enters this Stipulation, Respondent agrees to be
bound by the Stipulation and Board Order and not to contest their
validity in any subsequent proceeding to implement or enforce
their terms .
I . JURISDICTION
The Board has jurisdiction of the subject matter herein and
of the parties consenting hereto pursuant to the Illinois
Environmental Protection Act ("Act"), 415 ILCS 5/1 et seq .
(2004) .
II . AUTHORIZATION
The undersigned representatives for each party certify that
they are fully authorized by the party whom they represent to
enter into the terms and conditions of this Stipulation and to
legally bind them to it .
III .STATEMENT OF FACTS
A .
Parties
1 .
On April 28, 2005, 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(2004), 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 (2004) .
3 .
At all times relevant to the Complaint, Respondent was
an Illinois corporation that was authorized to transact business
in the State of Illinois
. Respondent corporation is currently
not in good standing due to involuntary dissolution
.
B .
Site Description
1 .
At all times relevant to the Complaint, Respondent
owned and developed a one hundred forty acre residential
development located on the west side of the Troy-O'Fallon Road
approximately two and a half miles south of Troy, Madison County,
Illinois ("site") .
2 .
On May 23, 2001, the Illinois EPA conducted an
inspection prior to the construction of a proposed wastewater
treatment plant at the site
. There were ongoing construction
activities at the site including clearing, grading, and
excavating that had resulted in land disturbance of equal to or
greater than five acres
. The measures or controls provided to
prevent or minimize pollution from storm water runoff at the site
were inadequate .
3 .
The Respondent did not have coverage under the State's
general
storm water NPDES permit as of May 23, 2001 .
4 .
On a date prior to 2001 and better known to the
Respondent, the Respondent installed a sewer collection system
throughout Castle Ridge Estates for eventual connection to the
proposed WWTP
.
C .
Allegations of Non-Compliance
Complainant contends that the Respondent has violated the
following provisions of the Act and Board regulations
:
Count I :
NPDES PERMIT VIOLATIONS, in violation of Section
12(f) of the Act, 415 ILCS 5/12(f) (2004)
.
Count II :
WATER POLLUTION VIOLATIONS, in violation of
Section 12(a) of the Act, 415 ILCS 5/12(a)
(2004)
.
Count III
: CONSTRUCTION WITHOUT PERMIT VIOLATIONS, in
violation of Section 12 ©) of the Act, 415 ILCS
5/12
© ) (2004), and 35 Ill . Adm . Code 309 .202(a) .
D .
Admission of Violations
The Respondent represents that it has entered into this
Stipulation for the purpose of settling and compromising disputed
claims without having to incur the expense of contested
litigation . By entering into this Stipulation and complying with
its terms, the Respondent does not affirmatively admit the
allegations of violation within the Complaint and referenced
within Section III herein, and this Stipulation shall not be
interpreted as including such admission . Further, the Respondent
represents that any violation that occurred was the direct and
proximate result of certain errors and omissions by its surveyor
.
IV . APPLICABILITY
This Stipulation shall apply to and be binding upon the
Complainant 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 represents that the
subject property was sold in 2003
. 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 .
V . COMPLIANCE WITH OTHER LAWS AND REGULATIONS
This Stipulation in no way affects the responsibilities of
the Respondent to comply with any other federal, state or local
laws or regulations including, but not limited to, the Act and
the Board regulations, 35 Ill . Adm . Code, Subtitles A through H .
VI
.IMPACT ON THE PUBLIC RESULTING FROM ALLEGED NON-COMPLIANCE
Section 33( c) of the Act, 415 ILCS 5/33(c)(2004), provides
as follows :
In making its orders and determinations, the Board
shall take into consideration all the facts and
circumstances bearing upon the reasonableness of the
emissions, discharges, or deposits involved including,
but not limited to :
1 .
the character and degree of injury to, or
interference with the protection of the health,
general welfare and physical property of the
people ;
2
the social and economic value of the pollution
source ;
3
the suitability or unsuitability of the pollution
source to the area in which it is located,
including the question of priority of location in
the area involved ;
4 .
the technical practicability and economic
reasonableness of reducing or eliminating the
emissions, discharges or deposits resulting from
such pollution source ; and
5 . any subsequent compliance .
In response to these factors, the parties state the
following :
1 .
Human health and the environment were threatened and
the Illinois EPA's information gathering responsibilities
hindered by the Respondent's violations .
2 .
There were social and economic benefit to the
Respondent
.
3 .
Operation of the facility was suitable for the area in
which it occurred .
4 .
Obtaining a permit prior to construction at the site
and
compliance with its terms was both technically practicable
and economically reasonable .
5 .
Respondent no longer owns the site
.
VII .CONSIDERATION OF SECTION 42(h) FACTORS
Section 42(h) of the Act, 415 ILCS 5/42(h)(2004), provides
as follows :
In determining the appropriate civil penalty to be
imposed under
. . . this Section, the Board is
authorized to consider any matters of record in
mitigation or aggravation of penalty, including but not
limited to the following factors
:
1 .
the duration and gravity of the violation
;
2 .
the presence or absence of due diligence on the
part of the respondent in attempting to comply
with requirements of this Act and regulations
thereunder or to secure relief therefrom as
provided by this Act
;
3
any economic benefits accrued by the respondent
because of delay in compliance with requirements,
in which case the economic benefits shall be
determined by the lowest cost alternative for
achieving compliance ;
4
the amount of monetary penalty which will serve to
deter further violations by the respondent and to
otherwise aid in enhancing voluntary compliance
with this Act by the respondent and other persons
similarly subject to the Act ;
5 .
the number, proximity in time, and gravity of
previously adjudicated violations of this Act by
the respondent
;
6
whether the respondent voluntarily self-disclosed,
in accordance with subsection I of this Section,
the non-compliance to the Agency
; and
7 .
whether the respondent has agreed to undertake a
"supplemental environmental project," which means
an environmentally beneficial project that a
respondent agrees to undertake in settlement of an
enforcement action brought under this Act, but
which the respondent is not otherwise legally
required to perform
.
In response to these factors, the parties state as follows :
1 .
The Respondent failed to obtain a permit for
construction site activities prior to beginning construction
activities at the site
. The Respondent represents that it
believed its surveyor had obtained the required permit prior to
initiating construction
. The violations began on or around 2001 .
The Respondent no longer owns the site .
2 .
Respondent was not successful in attempting to come
back into compliance with the Act, Board regulations and
applicable federal regulations, once the Illinois EPA notified it
of its noncompliance .
3 .
The Respondent realized an economic benefit during the
period which it owned the property .
4 . Complainant has determined, based upon the specific
facts of this matter, that a penalty of five thousand dollars
($5,000 .00) will serve to disgorge the economic benefit, deter
further violations and aid in future voluntary compliance with
the Act and Board regulations .
5 .
To Complainant's knowledge, Respondent has no
previously adjudicated violations of the Act .
6 .
Self-disclosure is not at issue in this matter .
7 .
The settlement of this matter does not include a
supplemental environmental project .
VIII .TERMS OF SETTLEMENT
A .
Penalty Payment
1 .
The Respondent 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 . The
Respondent stipulates that payment has been tendered to
Respondent's attorney of record in this matter in a form
acceptable to that attorney as of the date of signing of this
Stipulation . Further, Respondent stipulates that said attorney
has been directed to make the penalty payment on behalf of
Respondent, within thirty (30) days from the date the Board
adopts and accepts this Stipulation, in a manner prescribed
below . The penalty described in this Stipulation shall be paid
by certified check, money order or electronic funds transfer
payable to the Illinois EPA, designated to the Illinois
Environmental Protection Trust Fund and submitted to :
Illinois Environmental Protection Agency
Fiscal Services Section
1021 North Grand Avenue East
P .O . Box 19276
Springfield, IL 62794-9276
The name and number of the case and Respondent's Federal Employer
Identification Number (FEIN), shall appear on the check . A copy
of the certified check, money order or record of electronic funds
transfer and any transmittal letter shall be sent to :
P . Poitevint
Environmental Bureau
500 South Second Street
Springfield, Illinois 62702
Thomas Andryk
Assistant Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P .O . Box 19276
Springfield, Illinois 62794-9276
2 .
Pursuant to Section 42(g) of the Act, 415 ILCS 5/42(g)
(2004), interest shall accrue on any payment not paid within the
time period prescribed above at the maximum rate allowable under
Section 1003(a) of the Illinois Income Tax Act, 35 ILCS 5/1003
(2004) . Interest on any unpaid payment shall begin to accrue
from the date the payment is due and continue to accrue until the
date payment is received . When partial payment(s) are made, such
partial payment shall be first applied to any interest on unpaid
payment then due and owing
. All interest on payment owed shall
be paid by certified check, money order or electronic funds
transfer, payable to the Illinois EPA, designated to the Illinois
Environmental
Protection Trust Fund and delivered to the address
and in the manner described above .
3 .
For purposes of payment and collection, Respondent may
be reached at the following address :
Castle Ridge Estates Incorporated
c/o Mr . Steve Norbury
#1 Schiber Court
Maryville, IL 62062
4 .
In the event of default of this Section VIII .A, the
Complainant shall be entitled to all available relief including,
but not limited to, reasonable costs of collection and reasonable
attorney's fees .
B .
Stipulated Penalties
1 .
If the Respondent fails to complete any activity or
fails to comply with any response or reporting requirement by the
date specified in Section VIII .B ("Compliance Plan") of this
Stipulation, the Respondent shall provide notice to the
Complainant of each failure to comply with this Stipulation . In
addition, the Respondent shall pay to the Complainant, for
payment into the EPTF, stipulated penalties per violation for
each day of violation in the amount of $50 .00 until such time
that compliance is achieved .
2 .
Following the Complainant's determination that the
Respondent has failed to complete performance of any task or
other portion of work, failed to provide a required submittal,
including any report or notification, Complainant may make a
demand for stipulated penalties upon Respondent for its
noncompliance with this Stipulation . Failure by the Respondent
to make this demand shall not relieve the Respondent of the
obligation to pay stipulated penalties .
3 .
All penalties owed the Complainant under this section
of this Stipulation that have not been paid shall be payable
within thirty (30) days of the date the Respondent knows or
should have known of its noncompliance with any provision of this
Stipulation .
4 .
a . All stipulated penalties shall be paid by certified
check, money order or electronic funds transfer, payable to the
Illinois EPA for deposit into the EPTF and shall be sent by first
class mail, unless submitted by electronic funds transfer, and
delivered to :
Illinois Environmental Protection Agency
Fiscal Services
1021 North Grand Avenue East
P .O . Box 19276
Springfield, Illinois 62794-9276
b . The name and number of the case and the Respondent's
FEIN shall appear on the face of the check
. A copy of the
certified check, money order or record of electronic funds
transfer and any transmittal letter shall be sent to :
P . Poitevint
Environmental Bureau
500 South Second Street
Springfield, Illinois 62702
5 .
The stipulated penalties shall be enforceable by the
Respondent and shall be in addition to, and shall not preclude
the use of, any other remedies or sanctions arising from the
failure to comply with this Stipulation
.
C .
Future Use
Notwithstanding any other language in this Stipulation to
the contrary, and in consideration of the mutual promises and
conditions contained in this Stipulation, including the Release
from Liability contained in Section VIII
.E, below, the Respondent
hereby agrees that 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 promulgated thereunder for all
violations alleged in the Complaint in this matter, for purposes
of Section 39(a) and (I) and/or 42(h) of the Act, 415 ILCS
5/39(a) and(I) and/or 5/42(h)(2004)
. Further, Respondent agrees
to waive any rights to contest, in any subsequent enforcement
action or permit proceeding, any allegations that these alleged
violations were adjudicated .
D .
Cease and Desist
The Respondent shall cease and desist from future violations
of the Act and Board Regulations that were the subject matter of
the Complaint as outlined in Section III .C ("Allegations of Non-
Compliance") of this Stipulation .
E .
Release from Liability
In consideration of the Respondent's payment of the
$5,000 .00 penalty and any specified costs and accrued interest,
completion of all activities required hereunder, to Cease and
Desist as contained in Section VIII .D and upon the Pollution
Control Board's acceptance and approval of the terms of this
Stipulation and Proposal for Settlement, the Complainant
releases, waives and discharges the Respondent from any further
liability or penalties for violations of the Act and Board
Regulations that were the subject matter of the Complaint herein .
The release set forth above does not extend to any matters other
than those expressly specified in Complainant's Complaint filed
on April 28, 2005 . The Complainant reserves, and this
Stipulation is without prejudice to, all rights of the State of
Illinois against the Respondent with respect to all other
matters, including but not limited to, the following :
a
criminal liability ;
b .
liability for future violation of state, federal,
local, and common laws and/or regulations ;
c
liability for
natural resources damage arising out of
the alleged violations ; and
d .
liability or claims based on the Respondent's failure
to satisfy the requirements of this Stipulation
.
Nothing in this Stipulation is intended as a waiver,
discharge, release, or covenant not to sue for any claim or cause
of action, administrative or judicial, civil or criminal, past or
future, in law or in equity, which the State of Illinois or the
Illinois EPA may have against any person, as defined by Section
3 .315 of the Act, 415 ILLS 5/3 .315, or entity other than the
Respondent .
F .
Correspondence, Reports and Other Documents
Any and all correspondence, reports and any other documents
required under this Stipulation, except for payments pursuant to
Sections VIII .A ("Penalty Payment") and C ("Stipulated
Penalties") of this Stipulation shall be submitted as follows
:
As to the Complainant
J . Homan
Assistant Attorney General
Environmental Bureau
500 South Second Street
Springfield, Illinois 62702
Thomas Andryk
Assistant Counsel
Illinois EPA
1021
North Grand Avenue East
P .O . Box 19276
Springfield, Illinois 62794-9276
Nick Mahlandt
Illinois EPA
2009 Mall Street
Collinsville, IL 62234
As to the Respondent
Mr
. Steve Grimm
Attorney at Law
P .O
.Box 632
209 S . Morrison
Collinsville, IL 62234
Mr
. Steve Norbury
#1 Schiber Court
Maryville, IL 62062
G .
Modification of Stipulation
The parties may, by mutual written consent, agree to extend
any compliance dates or modify the terms of this Stipulation
. A
request for any modification shall be made in writing and
submitted to the contact persons identified in Section VIII
.H .
Any such request shall be made by separate document, and shall
not be submitted within any other report or submittal required by
this Stipulation
. Any such agreed modification shall be in
writing, signed by authorized representatives of each party, and
then accompany a joint motion to the Illinois Pollution Control
Board seeking a modification of the prior order approving and
accepting the Stipulation to approve and accept the Stipulation
as amended
.
J .
Enforcement of Board Order
1 .
Upon the entry of the Board's Order approving and
accepting this Stipulation and Proposal for Settlement, that
Order is a binding and enforceable order of the Illinois
Pollution Control Board and may be enforced as such through any
and all available means
.
2
.
Respondent agrees that notice of any subsequent
proceeding to enforce the Board Order approving and accepting
this Stipulation and Proposal for Settlement may be made by mail
and waives any requirement of service of process
.
3 .
The parties agree that, if the Board does not approve
and accept this Stipulation and Proposal for Settlement, then
neither party is bound by the terms herein
.
4 .
It is the intent of the Complainant and Respondent that
the provisions of this Stipulation and Proposal for Settlement
and any Board Order accepting and approving such shall be
severable, and should any provision be declared by a court of
competent jurisdiction to be inconsistent with state or federal
law, and therefore unenforceable, the remaining clauses shall
remain in full force and effect .
WHEREFORE, Complainant and Respondent request that the Board
adopt and accept the foregoing Stipulation and Proposal for
Settlement as written .
PEOPLE OF THE STATE OF ILLINOIS,
LISA MADIGAN
Attorney General
State of Illinois
MATTHEW J . DUNN, Chief
Environmental Enforcement/
Asbestos Litigation Division
BY :
THOMAS DAVIS, Chief
Environmental Bureau
Assistant Attorney General
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY
CASTLE RIDGE ESTATES INCORPORATED
DATE : /`Z SIv-?
DATE
:
BY : ` DATE :
Name : A~~wl,~
t'i/ CJVf
Title :
