02D

OCT

062Ug

pjfATE

ILL/NO,8

OFFICE OF

THE ATTORNEY

GENERAL

u/Jon

Contro/

Board

STATE

OF ILLINOIS

Lisa

Madigan

ATTORNEY

GENERAL

October

?008

John T. Therriault,

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. Larry

Bielfeldt

PCB

No. 06-1 92

Dear Clerk:

Enclosed

for filing please find

the original

and

one copy

of a

Notice

of Filing, Motion

for

Relief from

Hearing Requirement

and Stipulation

and Proposal

for

Settlement

regard

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.

Verujs

Andrew J. Nicholas

Environmental

Bureau

500 South

Second

Street

Springfield,

Illinois

62706

(217)

782-9031

AJN/pjk

Enclosures

500 South Second

Street, Springfield,

Illinois 62706 • (217)

782-1090

• TrY:

(877) 844-5461

Fax:

(217)

782-7046

100 West Randolph Street,

Chicago,

Illinois 60601 • (312)

814-3000

• TT’Y:

(800) 964-3013

• Fax: (312) 814-3806

BEFORE THE

ILLINOIS

POLLUTION

CONTROL

BOARD

PEOPLE OF

THE

STATE

OF ILLINOIS,

)

Complainant,

)

vs.

)

PCB No. 06-1

)

(Enforcement)

LARRY

BIELFELDT,

)

Respondents.

NOTICE

OF FILING

To:

Frank

Miles

R(1s

OFF0E

Attorney

Law

202

North

Center

Street

ijC

‘‘

P.O. Box

3067

jjjtOlSd

Bloomington,

IL 61702

pOr

GOfltt0

Boar

PLEASE

TAKE NOTICE

that on this date

I mailed

for

filing with

the

Clerk

the

Pollution

Control Board of the

State of Illinois, a MOTION

FOR RELIEF

FROM HEARING

REQUIREMENT

and STIPULATION

AND PROPOSAL

FOR SETTLEMENT,

copies

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

Division

BY:__

ANDRE’J.

NICHOLAS

Assistant

Attorney

General

Environmental

Bureau

500

South Second

Street

Springfield, Illinois

62706

217/782-9031

Dated:

October 2, 2008

CERTIFICATE

OF SERVICE

I hereby

certify that I did

October 2,

2008, send

First

Class Mail, with

postage

thereon fully prepaid,

by depositing

United

States

Post Office Box

a true and

correct

copy

of the following

instruments

entitled NOTICE

FILING,

MOTION

FOR RELIEF FROM

HEARING

REQUIREMENT

and STIPULATION

AND

PROPOSAL

FOR SETTLEMENT:

To:

Frank

Miles

Attorney

at Law

202 North Center

Street

P.O. Box

3067

Bloomington,

IL 61702

and the original

and ten copies by First

Class Mail with

postage thereon

fully prepaid of the

same

foregoing instrument(s):

To:

John T. Therrault,

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

ANDREW

NIC

OLAS

Assistant Attorney

General

This

filing is submitted

on recycled paper.

BEFORE

THE

ILLINOIS

POLLUTION

CONTROL

BOARD

PEOPLE

OF THE

STATE

ILLINOIS,

)

Complainant,

)

vs.

)

PCB

No.

06-1

)

(EnforcflJEVED

LARRY

BIELFELDT,

)

CLERK’S

OFFICE

Respondents.

))

2008

“

‘

STATE

ILLINOIS

Pollution

Control

Board

MOTION

FOR

RELIEF

FROM

HEARING

REQUIREMENT

NOW

COMES

Complainant,

PEOPLE

THE

STATE

ILLINOIS,

LISA

MADIGAN,

Attorney

General

of the

State

of Illinois,

and

pursuant

Section

31(c)(2)

of the

Illinois

Environmental

Protection

Act (“Act”),

415

ILCS

5/31(c)(2)

(2006),

moves

that

the

Illinois

Pollution

Control

Board

grant

the

parties

the above-captioned

matter

relief from

the

hearing

requirement imposed

by Section

31(c)(1)

of the

Act,

415

ILCS

5131(c)(1)

(2006).

support

this

motion,

Complainant

states

follows:

The

parties

have

reached

agreement

all outstanding

issues

in this

matter.

This

agreement

presented

the

Board

in a

Stipulation

and

Proposal

for

Settlement,

filed

contemporaneously

with this

motion.

All

parties

agree

that

a hearing

the

Stipulation

and

Proposal

for Settlement

not

necessary,

and

respectfully

request

relief

from

such

a hearing

allowed

Section

31(c)(2)

of the

Act, 415

ILCS 5131(c)(2)

(2006).

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)

the

Act,

415 ILCS

5/31(c)(1)

(2006).

Respectfully

submitted,

PEOPLE

THE

STATE

ILLINOIS

USA

MADIGAN

ATTORNEY

GENERAL

MATTHEW

J. DUNN,

Chief

Environmental

Enforcement/Asbestos

BY:

UiationD7,,

ANDREWJ

ICHOLAS

Environmental

Bureau

Assistant Attorney

General

500

South Second

Street

Springfield,

Illinois 62706

217/782-9031

Dated:

October

2008

BEFORE

THE ILLINOIS POLLUTION CONTROL

BOARD

PEOPLE OF THE STATE OF ILLINOIS,

)

Complainant,

)

PCB NO. 06-1 92

(EnforcéøAED

LARRY BIELFELDT,

)

CLERK’S

OFFICE

Respondent.

2008

STATE

ILLINOIS

STIPULATION

AND PROPOSAL FOR

SETTL NT

Control

Board

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 LARRY

BIELFELDT,

(“Respondent”

“Bielfeldt”),

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

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.

STATEMENT OF

FACTS

Parties to the

Stipulation

June 29, 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(2006),

against the

Respondent.

The Illinois

EPA is an administrative

agency

of the State of

Illinois,

created

pursuant

to Section

the

Act, 415

ILCS

5/4 (2006).

At all times

relevant to the

complaint,

Respondent was the

developer

and one of

the

beneficiaries

of the title holding

trust

that owns Sherwood

Lake Subdivision

(“site”),

a 60

acre

residential

home

develöment

located in Section

29, Township 23

North,

Range

3 East of the

Third

Principal

Meridian in McLean County,

Illinois. Prior

to development, an

intermittent

tributary

Kickapoo

Creek,

water of the State, ran

from west to east across

the property.

Bielfeldt

was

issued coverage under

the

NPDES general

stormwater permit

the

Illinois

EPA on May

29, 2003.

The

NPDES

general

stormwater permit requires

Bielfeldt

implement

the

provisions of a

storm water pollution

prevention

plan

the site, including

erosion control

measures.

hundred

year storm

event occurred

in the area

issue on

July

and 10,

2003.

July 18,

2003, the

Illinois

EPA inspected the

site to evaluate Bielfeldt’s

compliance

with the

NPDES Permit.

Erosion controls

were in place, but

were inadequate to prevent

silt-laden

discharge

from

flowing into

the creek both upstream

and

downstream

of the site.

On July 18,

2003, offensive

conditions

were

present in the tributary

downstream

the site

due to the

inflow of

silt-laden discharge

in that the

water

was unnaturally

turbid.

Eleven

months later

on June 18, 2004,

the

Illinois EPA

conducted a reconnaissance

inspection at

the site.

As part of the

development, the

intermittent waterway

had been dammed and

lake

constructed

the site. The lake

was constructed

with three sediment

siltation basins

designed

to prevent

silt laden

sediment

that entered the lake

from discharging downstream.

the

intermittent

waterway, the

lake became a water

of the state.

10.

June

18,

2004,

minimal erosion

control was present

upstream of the lake

and

the

road

contained

silt

laden discharges

which would likely

run off into the lake

and settle out into

the

sediment

siltation

basins

contained in the

lake.

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:

By causing or allowing or threatening the

discharge of contaminants

into

waters

the State in

violation

of the terms or conditions of its

NPDES

Permit, Bielfeldt

has

thereby violated

Section 309.102(a) of the

Board’s

Water Pollution Regulations, 35 III. Adm. Code 309.102(a). By

failing

maintain adequate erosion controls at its site to prevent silt-laden

storm

water discharges as required

its NPDES Permit, Bielfeldt

has caused,

threatened

allowed the discharge of any contaminant into

the waters

the State in violation of its NPDES permit, and has thereby violated

Section

12(f)

the Act, 415

ILCS5/12(f)

(2006).

Count II:

Commencing on some date prior to July

18,

2003,

and

continuing

until

the

subsequent

implementation

of adequate

erosion control

measures,

the

Respondent caused or allowed the discharge of silt from the site

into

waters

the State so as to cause or tend to cause water pollution

creating a nuisance, By so

causing

and threatening to cause

water

pollution, and by violating

the water quality standard

of Section 302.203

the

Board’s Water Pollution Regulations, 35 Ill. Adm. Code 302.203,

the

Respondent

has

violated Section 12(a) of the Act, 415 ILCS 5/12(a) (2006).

Non-Admission of Violations

The

Respondent represents that he

has entered into this Stipulation for the purpose

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

l.B herein, and

this Stipulation shall not be

interpreted

including such admission.

Compliance

Activities to Date

Bielfeldt

dredged the

lake post-construction and redistributed sediment back onto the

site.

Bielfeldt

then installed a

shoreline seawall at a cost of over

$100,000.00,

and

filled in

behind the

wall

reduce

the

slope.

II.

APPLICABILITY

This Stipulation shall apply

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

successors

assigns to take such action as shall be

required

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, by

the

execution of

settlement agreementwith a no admission

of liability provision, of violation oftheAct

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).

The

Respondent shall notify each contractor to be

retained

preform work

required

in this

Stipulation of each

of the requirements of this

Stipulation relevant to the

activities to be performed

that

contractor, including all relevant

work schedules and

reporting deadlines, and

shall provide

copy

of this Stipulation to

each contractor already

retained no later than

thirty (30) calendar days

after

the date of

entry of this

Stipulation. In addition, the

Respondent shall provide

copies

of all

schedules

for

implementation of the provisions of this

Stipulation to the prime

vendor(s) supplying

the

control

technology systems and other

equipment required by

this Stipulation.

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:

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:

the character and

degree of injury to,

or interference with

the

protection of the health,

general welfare and physical

property of

the

people;

the social and economic value

of the pollution

source;

the suitability or unsuitability

of the pollution

source to the

area

which it is located, including

the question of priority

location in the

area involved;

the technical practicability

and economic reasonableness

of reducing

or eliminating the emissions,

discharges or deposits

resulting from

such pollution source;

and

any subsequent compliance.

In response to these factors, the parties to this Stipulation

state the following:

Complainant and

the

Illinois EPA

contend that the injury to, or

interference with,

the

protection of the

health, general welfare,

and physical property of the People would

characterized as

failure

comply with requirements

meant to

protect

water quality in the State.

The parties agree that Respondent’s site is of social and economic benefit

to the

area.

Respondent’s

site is suitably located

McLean County, Illinois.

The

parties agree that complying with the Act and regulations is technically

practicable and

economically

reasonable.

Respondent has agreed to comply 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:

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

the following

factors:

the

duration and gravity

of the

violation;

the presence

absence

due

diligence

the

part of

the

respondent

in attempting

to comply

with

requirements

of this Act

and

regulations

thereunder

or to secure

relief

therefrom as

provided

this

Act;

any

economic

benefits

accrued

by the

respondent

because

of delay

in compliance

with

requirements,

in which

case

the economic

benefits shall

determined

by the lowest

cost

alternative

for

achieving

compliance;

the

amount

of monetary

penalty

which

will serve

deter further

violations

the

respondent

and

to otherwise

aid

enhancing

voluntary

compliance

with this

Act

by the

respondent

and other

persons

similarly

subject

to the Act;

the

number,

proximity

in time,

and

gravity

of previously

adjudicated

violations

this Act by

the respondent;

whether

the respondent

voluntarily

self-disclosed,

in accordance

with

subsection

I of

this Section,

the non-compliance

to the Agency;

and

whether

the

respondent

has

agreed to

undertake

“supplemental

environmental

project,”

which

means

environmentally

beneficial

project

that

respondent

agrees

undertake

settlement

of an

enforcement

action

brought

under

this Act,

but which the

respondent

is not

otherwise

legally

required to

perform.

In response

these

factors, the

parties

to this Stipulation

state

follows:

100

year storm

occurred

on July

9 and 10,

2003, and

resulted

an exacerbated

silt laden

discharge

into

the

creek.

On July

10,

and

12, 2003,

Bielfeldt’s

contractors

could

not

conduct

work

due to

the aftermath

the

heavy

rains.

The

violation

was observed

Illinois

EPA

on July

18,

2003.

Since

learning

the Illinois

EPA’s

concerns,

the

Respondent

has

been diligent

attempting

comply with

the requirements

of the Act

and

regulations.

Respondent

realized

no economic

benefit

through

its non-compliance.

Complainant

and

the

Illinois EPA

have determined,

based

the

specific

facts

this

matter,

that

penalty

Twelve Thousand

Five

Hundred

Dollars

($12,500.00)

will

serve

deter

further

violations

and aid in

voluntary

compliance

with the

Act and

Board

regulations.

To Complainant’s

and

Illinois

EPA’s

knowledge,

Respondent has

previously

adjudicated

violations of the

Act.

Self-disclosure

not at

issue

in this

matter.

The

settlement

this matter

does

not

include

supplemental environmental project.

TERMS

SETTLEMENT

Penalty

Payment

The Respondent shall

pay

civil penalty

the

sum

Twelve

Thousand

Five

Hundred

Dollars

($12,500.00)

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

this

matter

a form

acceptable to

that

attorney.

Further,

Respondent

stipulates

that

said

attorney

has

been

directed

to make

the

penalty

payment

behalf

Respondent,

within

ten

(10)

days

from

the

date

the

Board

adopts

and

accepts

this Stipulation,

a manner

prescribed

below.

Stipulated

Penalties,

Interest

and

Default

If the

Respondent

fails

to make

any

payment

required

by this

Stipulation

on or

before

the

date

upon

whióh

the

payment

due,

the

Respondent

shall

in default

and the

remaining

unpaid

balance

of the

penalty,

plus

any

accrued

interest,

shall

due

and

owing

immediately. In

the

event

default,

the

Complainant

shall

be entitled

to reasonable

costs

collection, including

reasonable

attorney’s

fees.

Pursuant

to Section

42(g)

of the

Act,

interest

shall

accrue

any penalty

amount

owed

the

Respondent

not paid

within

the time

prescribed

herein.

Interest

on unpaid

penalties

shall

begin

accrue

from

the

date

such

are

due

and

continue

to accrue

the

date

full

payment

received.

Where

partial

payment

is made

any

penalty

amount

that

due,

such

partial

payment

shal[

be first

applied

any

interest

unpaid

penalties

then

owing.

Payment

Procedures

All payments required

by this

Stipulation shall be

made by certified check

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,

Illinois 62794-9276

The

name, case

number and the

Respondent’s

federal tax

identification

number shall

appear

on the face

the

certified

check

money

order. A

copy

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

62702

Chad

M. Kruse

Assistant

Counsel

Illinois Environmental

Protection

Agency

1021 North Grand

Avenue East

P.O. Box 19276

Springfield, IL

62794-9276

Future

Compliance

The

Respondent

agrees

maintain

a minimum continuous

flow of 10 gallons

per

minute

downstream

through the

dam pursuant to plans

incorporated by

reference in the

conditions

of his

Illinois Department

Natural

Resources Sherwood

Lake Dam Permit

No.

DS2002122.

The

minimum

continuous

flow of 10 gallons

per minute

downstream

may contain

wastewater effluent

from the on

site treatment

facility pursuant

the

plans

referenced

in Permit No.

DS2002122

and

congruent

with

applicable

NPDES

Permit effluent

limitations. Respondent

shall not

be responsible

for

violations

resulting

from Acts

God

or acts

or omissions of persons

outside his

direction

and

control.

The

Respondent

agrees to

provide uniform

perennial

vegetative

cover

with

a density

of at

least 70%

of the

cover for

unpaved

areas and

areas

not covered

by permanent

structures

October

2008.

The

Respondent

shall

correct all existing

rills

and gullies

October 1,

2008,

and

Respondent

shall

stabilize

all

rills

and

gullies

leading

toward

the streets

by October

1, 2008.

All

deep

gullies

leading

into

the lake

shall be

corrected

October

1, 2008. The

stabilized

areas

must

maintained

ensure

continued

future

compliance.

addition

any other

authorities,

the Illinois

EPA,

its employees

and

representatives,

and

the Attorney

General,

her

employees

and

representatives,

shall

have the

right

of entry

into

and

upon

the Respondent’s

facility which

is the

subject to

this Stipulation,

all

reasonable

times

for the

purposes of

conducting

inspections

and

evaluating

compliance

status.

conducting

such

inspections,

the

Illinois

EPA,

its employees

and

representatives,

and

the

Attorney

General,

her

employees

and

representatives,

may

take

photographs,

samples,

and

collect

information,

as they

deem

necessary.

This

Stipulation

way affects

the

responsibilities

of the

Respondent

to comply

with

any

other

federal,

state

local

laws

or regulations,

including but

not

limited

to the Act

and

the

Board

Regulations.

Respondent

shall

cease

and desist

from future

violations

of the

Act

and

Board

Regulations

that

were the

subject

matter

the Complaint.

Respondent

also a

defendant

civil

litigation initiated

by a

downstream

property

owner

who

alleges

the

Respondent’s

construction

the dam

Sherwood

Lake

cut off

water flows

from the

intermittent

stream (Case

No.

2006-MR-i

now pending

in the

Circuit

Court

of the

Eleventh

Judicial

Circuit,

McLean

County,

Illinois).

Although

the People

request

the above

future compliance

measures

solely

due to

a concern

for

water quality

in the stream,

is also to

the

Respondent’s

benefit

enter into these

compliance measures in order

address the

concerns

of the

downstream property

owner

Case No. 2006—MR-i).

Release from Liability

Inconsideration of

the Respondent’s payment of the

$12,500.00

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 Complainant’s Complaint filed on June 29, 2006. The Complainant reserves, and this Stipulation

is without prejudice to, all rights of the State of Illinois against the Respondent

with respect

all

other

matters, including

but

not

limited

to, the

following:

criminal liability;

liability for future violation of state,

federal, local, and common laws and/or

regulations;

liability for natural resources damage

arising

out

of the alleged violations; and

liability

or claims

based on

the Respondent’s failure to satisfy the

requirements

this

Stipulation.

Nothing in this

Stipulation

is intended as a

waiver, discharge, release,

or covenant

not

sue

for

any claim or

cause of action, administrative or judicial,

civil

or criminal,

past

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.

Correspondence,

Reports

and