Lisa Madigan
AI - IY)RNNY OF:NFR .AI .
The Honorable Dorothy Gunn
Illinois Pollution Control Board
James R. Thompson Center, Ste
. 11-500
100 West Randolph
Chicago, Illinois 60601
OFFICE OF THE ATTORNEY GENERAL
S'I'AI'E OF ILLINOIS
April 6, 2007
Re:
People v
. Allied Waste Transportation, Inc.,
et al
PCB No. 06-151
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 Between the State
of Illinois and Allied Waste Transportation, Inc
., d/b/a Midwest Waste 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
.
Kristen Laughridge Gale
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
(217) 782-9031
KLG/pp
Enclosures
1001 East Main, Carbondale, Illinois 62901 • (618) 529-6400 • TTY
: (618) 529-6403 • Fax : (618) 529-6416
RECEIVED
CLERK'S OFFICE
APR 1 0 2001
Pollution
STATE OF
Control
ILLINOIS
Board
500 South Second Street, Springfield, Illinois 62706
• (217) 782-1090 •
'1 l Y
: (217) 785-2771 •
Fax: (217) 782-7046
100 West Randolph Street, Chicago, Illinois 60601 • (312) 814-3000
•
TTY: (312) 814-3374 •
Fax i ~ 1'
'R06
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS, )
Complainant,
)
)
v.
)
PCB No. 06-151
(Enforcement)
BIG RIVER ZINC CORPORATION, a
)
Delaware corporation, and ALLIED
)
WASTE TRANSPORTATION, INC
.,
)
d/b/a MIDWEST WASTE, a Delaware
)
corporation,
)
Respondent .
)
NOTICE OF FILING
To:
Brian Konzen
Lueders, Robertson & Konzen LLC
1939 Delmar Ave
.
Granite City, IL 62040
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 NOTICE OF FILING, MOTION FOR RELIEF FROM
HEARING REQUIREMENT and STIPULATION AND PROPOSAL FOR SETTLEMENT BETWEEN
THE STATE OF ILLINOIS AND ALLIED WASTE TRANSPORTATION, INC
., d/b/a MIDWEST
WASTE, 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 6, 2007
R EIIVED
APR 1 0 2001
Pollution
STATE OF
Control
ILLINOISBoard
MATTHEW J
. DUNN, Chief
Environmental Enforcement/Asbestos
Litigation Division
BY :
KRISTEN LAUGHRIDGE GALE
Assistant Attorney General
Environmental Bureau
CERTIFICATE OF SERVICE
I hereby certify that I did on April 6, 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 BETWEEN THE
STATE OF ILLINOIS AND ALLIED WASTE TRANSPORTATION, INC
., d/b/a MIDWEST
WASTE
To:
Brian Konzen
Lueders, Robertson & Konzen LLC
1939 Delmar Ave .
Granite City, IL 62040
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
ISTEN LAUGHRDIGE GALE
Assistant Attorney General
This filing is submitted on recycled paper
.
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RE
CLERK'SCEIVED
OFFICE
PEOPLE OF THE STATE OF ILLINOIS, )
APR 1 0 2007
Complainant,
STATE OF
ILLINOIS
)
Pollution Control Board
vs.
)
PCB No. 06-151
(Enforcement)
BIG RIVER ZINC CORPORATION, a
)
Delaware corporation, and ALLIED
)
WASTE TRANSPORTATION, INC
.,
)
d/b/a MIDWEST WASTE, a Delaware
)
corporation,
)
Respondent .
)
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) (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 5131(c)(1) (2004)
. In support of
this motion, Complainant states as follows :
The State of Illinois and Allied Waste Transportation, Inc
., d/b/a Midwest Waste
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
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
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated
: April 6, 2007
2
MATTHEW J . DUNN, Chief
Environmental,Enforcement/Asbestos
Litig Sn Division
BY: -( e-;_i
,KRISTEN LAUGHRIDGE GALE
Environmental Bureau
Assistant Attorney General
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLERX,S
RECE
IVED
OFF
PEOPLE OF THE STATE OF ILLINOIS,
)
APR 10 2001
STATE OF ILLINOIS
Complainant,
)
Pollution Control
Board
v.
) PCB No
. 06-151
BIG RIVER ZINC CORPORATION, a
)
Delaware corporation and ALLIED
) (Enforcement)
WASTE TRANSPORTATION, INC
.
)
d/b/a MIDWEST WASTE, a Delaware
)
corporation,
)
Respondents
.
)
STIPULATION AND PROPOSAL FOR SETTLEMENT BETWEEN
THE STATE OF ILLINOIS AND ALLIED WASTE TRANSPORTATION, INC
. d/b/a
MIDWEST WASTE
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 ALLIED WASTE TRANSPORTATION, INC
. d/b/a MIDWEST WASTE ("Respondent"),
have agreed to the making of this Stipulation and Proposal for Settlement ("Stipulation") and
submit it to the Illinois Pollution Control Board ("Board") for approval
. The parties agree that
the statement of facts contained herein represents a fair summary of the evidence and testimony
which would be introduced by the parties if a hearing were held
. The parties further stipulate that
this statement of facts is made and agreed upon for purposes of settlement only and that neither
the fact that a party has entered into this Stipulation, nor any of the facts stipulated herein, shall
be introduced into evidence in any other proceeding regarding the claims asserted in the
Complaint except as otherwise provided herein
. If the Board approves and enters this
Stipulation, 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 cond tions of this Stipulation and to legally
bind them to it .
III
. STATEMENT OF FACTS
A.
Parties
1 .
On March 28, 2006, 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, The Respondent was a Delaware
corporation and licensed to do business in Illinois
. Midwest Waste is an assumed name of Allied
1
waste Transportation, Inc
.
B .
Site Description
I .
At all times relevant to the Complaint, Respondent owned and operated a non-
hazardous waste transportation company that operates in the Metro East Area, St
. Clair County,
Illinois.
2 .
On April 4, 2005, Respondent removed a 40 cubic yard roll-off box, which
Respondent did not know contained wood waste hazardous for cadmium, from Big River Zinc,
Inc
.'s facility and disposed the waste at the Roxana Landfill Authority landfill, a non-hazardous
waste landfill .
C.
Allegations of Non-Compliance
Complainant contends that the Respondent has violated the following provisions of the
Act and Board regulations as alleged in the Complaint
:
Count VI :
Transportation and Disposal of Hazardous Waste, in violation of Section
21(g) of the Act, 415 ILCS 5/21(g) (2004), Section 723
.120(a) of the
Board's Standards Applicable to Transporters of Hazardous Waste
Regulations, 35 Ill . Adm. Code 723 .120(a) and Section 809
.301 of the
Board's Nonhazardous Special Waste Hauling and the Uniform Program
Regulations, 35 111 . Adm. Code 809 .301
.
D.
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
2
Section III
.C herein, and this Stipulation shall not be interpreted as including such admission
.
E .
Compliance Activities
to Date
The Respondent increased efforts to effectively communicate with employees and clients
that respondent is not authorized to transport hazardous waste, and the consequences of improper
disposal of hazardous waste .
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 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, 35 111
. 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
:
3
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 states the following
:
I .
By disposing of one load containing low levels of cadmium-contaminated wood
waste in a non-hazardous waste landfill, the environment was potentially threatened by the
respondent's violations .
2.
There was a social and economic benefit of the waste transportation operation
.
3 .
Suitability of transporting waste is not an issue .
4.
Complying with the hazardous waste transportation regulations is both technically
practicable and economically reasonable .
5 .
Respondent has subsequently complied with the Act and the Board Regulations
.
VII. CONSIDERATION OF SECTION 42(h) FACTORS
Section 42(h) of the Act, 415 ILCS 5/42(h)(2004), provides as follows
:
4
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 states as follows :
1 .
The Respondent failed to fully comply with the hazardous waste transportation
regulations
. The violations were first found on April 4, 2005, and were resolved on or about
April 7, 2005
. Respondent transported and disposed of one truck load of wood waste in a non-
hazardous landfill, said wood waste containing up to 22
.6 parts per billion of cadmium .
2 .
Respondent was diligent in attempting to come back into compliance with the
Act, Board regulations and applicable federal regulations
.
5
3 .
The economic benefit for the improper transportation of hazardous waste was
nominal .
4.
Complainant has determined, based upon the specific facts of this matter, that a
penalty of Four Thousand Five Hundred Dollars ($4,500
.00) will serve to 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.
Respondent self-disclosed .
7 .
The settlement of this matter includes a supplemental environmental project,
described below in Section VIII .B
.
VIII
. TERMS OF SETTLEMENT
A .
Penalty Payment
1 .
The Respondent shall pay a civil penalty in the sum of Four Thousand Five
Hundred Dollars ($4,500
.00) within fourteen (14) days from the date the Board adopts and
accepts this Stipulation
. The Respondent stipulates that payment will be tendered to
Respondent's attorney of record in this matter in a form acceptable to that attorney
. Further,
Respondent stipulates that said attorney has been directed to make the penalty payment on behalf
of Respondent, within fourteen (14) 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 :
6
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 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
:
Kristen Laughridge Gale
Assistant Attorney General
Environmental Bureau
500 South Second Street
Springfield, Illinois 62702
Melanie Jarvis
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
7
following address :
Brian Konzen
Lueders, Robertson & Konzen LLC
1939 Delmar Ave .
Granite City, IL 62040
4.
In the event of default of this Section VILLA, the Complainant shall be entitled to
all available relief including, but not limited to, reasonable costs of collection and reasonable
attorney's fees.
B.
Supplemental Environmental Project
In order to promote the goals of the Act to restore, protect and enhance the quality of the
environment, Respondent shall perform the following supplemental environmental project
("SEP").
The value of the SEP is Sixteen Thousand Eight Hundred Dollars($16,800 .00)
. The
parties agree that this SEP consists of disposal costs that shall be credited toward the $16,800
total SEP value and specifically includes the following :
a.
Respondent will donate Two Thousand Dollars ($2,000) to the St
. Clair
County Clean Sweep
. Respondent will mail a certified check within 30 days of the Board adopts
and accepts this Stipulation to :
St
. Clair County Clean Sweep
C/O Mike Eckert
10 Public Square
Belleville, Illinois 62223
b .
Respondent will also provide the Complainant with landfill capacity for
the disposal of 400 tons of non-hazardous waste total
. The landfill capacity as calculated below,
of municipal solid waste and non-hazardous special waste shall be at the landfills noted below
8
provided said landfills are permitted to dispose of said waste ("Landfill Capacity")
. The landfills
where the Landfill Capacity will be provided to Complainant are
: 1) Roxana Landfill, Madison
County, IL
; and/or 2) Bond County Landfill, Bond County, IL
; and/or 3) Litchfield-Hillsboro
Landfill, Montgomery County, IL
. (collectively "Designated Landfills")
c.
The parties agree that the present value of the Landfill Capacity is
approximately $14,800.00 based on a gate rate of $37
.00/ton of waste for all landfills listed in
paragraph b .
d.
Respondent represents that it has the financial and contractual ability to
legally commit the air space of 400 tons from the owners and operators of the Designated
Landfills and that there is sufficient remaining disposal capacity at the Designated Landfills to
provide the Landfill Capacity
; however, if prior to the time Complainant uses all of the Landfill
Capacity, Respondent ceases to own or operate any of the Designated Landfills or if the
Respondent determines that there is not sufficient disposal capacity at any of the Designated
Landfills to dispose of the Landfill Capacity, then the Landfill Capacity shall be utilized at the
remaining Designated Landfills that are owned and operated by Respondent and that have
sufficient disposal capacity ;
e.
Complainant shall notify Respondent that it intends to utilize all or a
portion of the Landfill Capacity at least 3 business days prior to the date the Landfill Capacity
will be needed and may request which of the Designated Landfills Complainant would prefer to
utilize for disposal of the Waste
. Respondent shall take into consideration Complainant's
preferred Designated Landfill and shall designate which of the Designated Landfills will be
utilized to provide the Landfill Capacity
. Thereafter, the Respondent shall direct Complainant to
9
transport the Waste to that Designated Landfill(s)
;
f
Upon disposal of the Waste, Respondent shall prepare a gate receipt
evidencing the amount of waste received and the date of receipt
. Copies of all of the receipts
shall be forwarded to :
g .
Paul M
. Purseglove
Field Operations Section Manager
1021 North Grand Ave East
P
.O
. Box 19276
Springfield, Illinois 62794-9276
Complainant shall use its best efforts to utilize the Landfill Capacity
within five years from the date of a Board Order accepting this Stipulation ("Landfill Capacity
Usage Period" or "LCUP") ;
h.
In the event that Complainant is unable to utilize the Landfill Capacity
within the LCUP, despite its best efforts to do so, then, at Respondent's sole option and after
receipt of a written request from either Complainant as described below
:
(i) . Respondent may pay the remaining amount of the SEP value, as
calculated under Subparagraph i . below and shall be due and owing within 120 days of written
notice of the non-extension ; or
(ii)
Respondent may extend the LCUP up to two (2) years, but in no
event shall the extension last longer than seven (7) years from the date of a Board Order
accepting this Stipulation
. Complainant shall make a written request to Respondent to extend the
LCUP no later than 90 days prior to the expiration of the LCUP
. Respondent shall respond to the
request within 30 days of receipt
. In the event that Respondent determines to extend the LCUP,
then the remaining amount of the SEP value, if any, at the date of the expiration of the extension
10
period, as calculated under i . below, shall be due and owing within 60 days of the date of
expiration of the extension period . . Payment shall be made to the EPTF . Non-payment of the
SEP amount outstanding within this period of time will be subject to interest, as provided below .
Failure by Complainant to request an extension of time within the 90 days prior to expiration of
the LCUP shall not adversely impact Complainant's right to utilize the Landfill Capacity under
this SEP or right to payment of any remaining amount of SEP value that may be due under
Subparagraph i . ;
The remaining amount of the SEP value, described in Subparagraph h
.
above, shall be the difference between the $14,800
.00 value and the amount of Landfill Capacity
that has been used by Complainant multiplied by $37
.00/ton for all landfills listed in Section b .,
above . As set forth above, the multiplier of $37
.00 per ton shall be applied to the tons of landfill
capacity that has been used by the Complainant as taken from the gate receipts
.
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 VIILD, 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
11
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 $4,500
.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 March 28, 2006
. 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 ;
12
c .
liability for natural resources damage a s ng 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 .
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
Melanie Jarvis
Assistant Counsel
Illinois EPA
1021 North Grand Avenue East
P.O . Box 19276
Springfield, Illinois 62794-9276
Christopher Cahnovsky
Regional Manager
Bureau of Land
Illinois EPA
2009 Mall Street
Collinsville, IL 62234
13
As to the Respondent
Brian Konzen
Lueders, Robertson & Konzen LLC
1939 Delmar Ave .
Granite City, IL 62040
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
.
H .
Enforcement of Board Order
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
14
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.
15
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 :
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
BY
:
THOMAS
DATE : '1/V t /j
am
Environmental Bureau
Assistant Attorney General
,4Ael
. MES
11~~
INA
ML
Chief Legal Counsel
ALLIED WASTE TRANSPORTATION, INC
.
d/b/a MIDWEST WASTE
BY : i z
DATE
: (4?
NameTale
: Counsel
:
BrianKonzenof
record
16
DATE:
`4j,
IL,
