tru?
ours,
L. Hyman
Envi onmental Bureau
500 South Second Street
Springfield, Illinois 62706
(217) 782-9031
RECEIVED
CLERK'S
OFFICE
JUL 1 4
2098
STATE OF ILLINOIS
Pollution Control Board
Lisa Madigan
A ITORNEY GENERAL
OFFICE OF THE ATTORNEY GENERAL
STATE OF ILLINOIS
July 11, 2008
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board
James R. Thompson Center, Ste. 11-500
100 West Randolph
Chicago, Illinois 60601
Re:
People
v.
William Warren, et al
PCB No. 06-116
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.
JLH/pjk
Enclosures
500 South Second Street, Springfield, Illinois 62706 • (217) 782-1090 • TTY: (217) 785-2771 •?
Fax: (217) 782-7046
100 West Randolph Street, Chicago, Illinois 60601 ?
• (312) 814-3000 • TTY (312) 814-3374
•
?
Fax: (312) 814-3806
1001 East Main, Carbondale, Illinois 62901 • (618) 529-6400 • TTY: (618) 529-6403 • Fax: (618) 529-6416
MATT
?
J. DUNN, ief
Env'
?
ent/Asbestos
Li
Hom
Assistant Attorney General
Environmental Bureau
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF
?
)
ILLINOIS
OF ILLI
N
OI
S
,?
)
,
Pollut
ion
LContr
o
l
E
8E0
JUL 1 4
2008
Complainant,
?
OFFICE
o
Respondents
NOTICE OF FILING
To:?
William Warren
?
Halleck Warren
2890 Governors Drive
?
11021 West 96th Terrace
P.O. Box 189
?
Overland Park, KS 66214
Carlyle, IL 62231
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
vs.?
PCB No. 06-116
(Enforcement)
WILLIAM WARREN and HALLECK
WARREN, d/b/a Hickory Shores
Resort, and HICKORY SHORES
RECREATIONS, LTD., an Illinois
corporation,
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated: July 11, 2008
Homan
ssistant Attorney General
CERTIFICATE OF SERVICE
I hereby certify that I did on July 11, 2008, 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:
?
William Warren
?
Halleck Warren
2890 Governors Drive
?
11021 West 96th Terrace
P.O. Box 189
?
Overland Park, KS 66214
Carlyle, IL 62231
and the original and ten copies by First Class Mail with postage thereon fully prepaid of the
same foregoing instrument(s):
To:?
John T. Therriault, Assistant 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
This filing is submitted on recycled paper.
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
R e
CL
ERIC
CEVED
/
S OFFICE
PEOPLE OF THE STATE OF
ILLINOIS,
Complainant,
VS.
WILLIAM WARREN and HALLECK
WARREN, d/b/a Hickory Shores
Resort, and HICKORY SHORES
RECREATIONS, LTD., an Illinois
corporation,
Respondents
)
P Hutton Control BoaSrd
03.
-I. U
E
L
1 4
1
20108
1
_S AT OF
LL
NOI
PCB No. 06-116
(Enforcement)
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
MATTHEW J. DUNN, Chief
Environmental Enforcement/Asbestos
/ision
BY:
r
1fr■
erf
L. woman
P
Env ronmental Bureau
Assistant Attorney General
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated: July 11, 2008
2
PEOPLE OF THE STATE OF ILLINOIS,
)
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
Complainant,
P
0(tun
on Contro
°
P
ILLINn
STATE
Rea
Cte
iv
AIL
1
4 200s
RKs
FF/ce
et)
Board
v.
)
PCB NO. 06-116
)
(Enforcement)
WILLIAM WARREN and HALLECK
)
WARREN,
d/b/a
HICKORY SHORES
)
RESORT, and HICKORY SHORES
)
RECREATIONS, LTD., an Illinois corporation, )
Respondents.
)
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 WILLIAM WARREN and HALLECK WARREN, d/b/a HICKORY SHORES RESORT,
and HICKORY SHORES RECREATIONS, LTD., ("Respondents"), 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.
STATEMENT OF FACTS
1
A.
Parties to the Stipulation
1.
On December 27, 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
(2006), against the Respondents.
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, Respondents William Warren and Halleck
Warren were individuals doing business as Hickory Shores Resort, and Respondent Hickory
Shores Recreations, Ltd., was an Illinois corporation which was involuntarily dissolved in late
2005. At all times relevant to the Complaint, Respondents owned and operated Hickory Shores
Resort, a facility located approximately one quarter mile west and three quarter miles south of
the Village of Keyesport in Clinton County, Illinois ("Site").
4.
William Warren's address is 2890 Governors Drive, P.O. Box 189, Carlyle,
Illinois 62231. Halleck Warren's address is 11021 West 96
th
Terrace, Overland Park, Kansas
66214. Hickory Shore Recreations, Ltd., was incorporated as an Illinois corporation on or about
April 6, 2001, and was the owner of Hickory Shores Resort from that date until the date of
involuntary dissolution. The registered agent is Richard Stillwell, 2 West Broadway, Alton,
Illinois 62002.
5.
At all times relevant to the Complaint, the Hickory Shores Resort was a
campground designed to serve one hundred fifty campsites with water and electricity, two
comfort stations with showers, two sanitary dumping stations, an office building and a
2
recreational clubhouse.
6.
Hickory Shores Resort also includes a wastewater treatment facility consisting of
a ten thousand (10,000) gallon per day septic tank, a dosing tank (approximately 1,480 gallon
capacity) with dual automatic dosing siphons, and a ten thousand (10,000) square foot buried
sand filter and effluent chlorinator. The chlorinator had been removed as of August 15, 2000.
7.
The wastewater treatment facility discharges to Carlyle Lake, which is part of the
Kaskaskia River, and a surface water drinking supply.
B.
Allegations of Non-Compliance
Complainant and the Illinois EPA contend that the Respondent has violated the following
provisions of the Act and Board regulations:
Count I:
Water Pollution, in violation of Section 12(a) of the Act,
415 ILCS 5/12(a) (2006), and 35 Ill. Adm. Code 305.102.
Count II:
Reporting Violations, in violation of Section 1
40 of the
Act, 415 ILCS 5/12(t) (2006), 35 Ill. Adm. Code 305.102,
and Special Conditions 7 and 8 of the Respondent's
NPDES permit.
C.
Non-Admission of Violations
The Respondent represents that it has entered into this Stipulation for the purpose of
settling and compromising disputed claims without having to incur the expense of contested
litigation. By entering into this Stipulation and complying with its terms, the Respondent does
not affirmatively admit the allegations of violation within the Complaint and referenced within
Section III.0 herein, and this Stipulation shall not be interpreted as including such admission.
3
D.
?
Compliance Activities to Date
The Respondents have instituted some changes to the waste water treatment plant and
have also been in contact with the Illinois EPA in an attempt to better manage their effluent.
II. 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,
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
4
it is located, including the question of priority of location in the area
involved;
4.
the technical practicability and economic reasonableness of reducing or
eliminating the emissions, discharges or deposits resulting from such
pollution source; and
5.
any subsequent compliance.
In response to these factors, the parties to this Stipulation state the following:
1.
Human health and the environment were threatened and the Illinois EPA's
information gathering responsibilities hindered by the Respondent's violations.
2.
There is social and economic benefit to the facility.
3.
Operation of the facility was suitable for the area in which it occurred.
4.
Compliance with the terms of the permit is both technically practicable and
economically reasonable.
5.
Respondent has subsequently complied with the Act and the Board Regulations,
although there have been occasional permit exceedences since the date of filing of the
Complaint.
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;
5
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.
Y(
In response to these factors, the parties to this Stipulation"ate as follows:
1.
The violations began on or around September, 2002, and were individually
resolved at various times in the following year.
2.
Respondent was diligent 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 received some economic benefit from noncompliance; however,
any benefit realized from noncompliance has been more than offset by the costs of returning to
compliance.
4.
Complainant has determined, based upon the specific facts of this matter, that a
penalty of Three
Thousand Five Hundred Dollars ($3,500.00) will serve to deter further
6
violations and aid in future voluntary compliance with the Act and Board regulations.
5.
To Complainant's and the Illinois EPA'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.
V.
TERMS OF SETTLEMENT
A.
Penalty Payment
1.
The Respondent shall pay a civil penalty in the sum of Three Thousand Five
Hundred Dollars ($3,500.00) within thirty (30) days from the date the Board adopts and accepts
this Stipulation.
B.
Stipulated Penalties, Interest and Default
If the Respondent fails to make any payment required by this Stipulation on or
before the date upon which the payment is due, the Respondent shall be in default and the
remaining unpaid balance of the penalty, plus any accrued interest, shall be due and owing
immediately. In the event of default, the Complainant shall be entitled to reasonable costs of
collection, including reasonable attorney's fees.
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
7
is received. Where partial payment is made on any penalty amount that is due, such partial
payment shall be first applied to any interest on unpaid penalties then owing.
C.
Payment Procedures
All payments required by this Stipulation shall be made by certified check or money
order payable to the Illinois EPA for deposit into the Environmental Protection Trust Fund
("EPTF"). Payments shall be sent by first class mail and delivered to:
Illinois Environmental Protection Agency
Fiscal Services
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
The name, case number and the Respondent's federal tax identification number shall appear on
the face of the certified check or money order. A copy of the certified check or money order and
any transmittal letter shall be sent to:
Environmental Bureau
Illinois Attorney General's Office
500 South Second Street
Springfield, Illinois 62706
D.
Future Compliance
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.
8
F.
Release from Liability
In consideration of the Respondent's payment of the
$3,500.00
penalty and any specified
costs and accrued interest, 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 Complainant's Complaint filed on December
27, 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 ILCS 5/3.315,
or entity other than the Respondent.
9
H.
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.
I.
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
Name:
Tit
BY:
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, FOR THE ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
LISA MADIGAN
Attorney General
State of Illinois
MATTHEW J. DUNN, Chief
Environmental Enforcement/
Asbestos Litigation Division
THOMAS DAVIS, Chief
Environmental Bureau
Assistant Attorney General
DATE:
-
7 A-
0
/
r
WILLIAM WARREN, Individually
and d/b/a HICKORY SHORES
r
u.s.
t
?fro-A-
fritsa..19-4
HALLECK WARREN, Individually
and d/b/a HICKORY SHORES
RESORT
HICKORY SHORES REC TIONS,
LDT., an Illinois dissolve orporation
DOUGLAS P. SCOTT, Director
Illinois Environmental Protection Agency
ROBERT A.
A. MESSINA
Chief Legal Counsel
DATE:
kit7
DATE:
/ -z 4, /
a g
BY:
BY:
11
