C. Allegations of Non-Compliance

VIII.
1. A. Penalty Payment

C. Release from Liability

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

PEOPLE OF THE STATE OF ILLINOIS,

Complainant,

PCB No. 06-177

(Enforcement - Land)

SHERIDAN SAND & GRAVEL CO.,

an Illinois corporation,

Respondent.

NOTICE OF FILING

TO:

Kenneth G. Anspach

Anspach & Associates

Eight South Michigan Avenue

Suite 3400

Chicago, Illinois 60603

(VIA ELECTRONIC FILING)

PLEASE TAKE NOTICE that I have today filed with the Office

of the Clerk of the Illinois Pollution Control Board by

electronic filing the Stipulation and Proposal for Settlement,

and Motion to Request Relief from Hearing Requirement, true and

correct copies which are attached and hereby served upon you.

Respectfully submitted,

PEOPLE OF THE STATE OF ILLINOIS

the

<-----~

LISA MADIGAN

Attorney.

Stat

ESS

A. VAIL

sis ant Attorney General

nvi onmental Bureau

69 W. Washington St., 18th Floor

Chicago, Illinois 60602

(312) 814-5361

BY:

DATE:

January 22, 2008

Electronic Filing - Received, Clerk's Office, January 22, 2008

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

PEOPLE OF THE STATE OF ILLINOIS,

Complainant,

SHERIDAN SAND & GRAVEL CO.,

an Illinois corporation,

Respondent.

PCB No. 06-177

(Enforcement - Land)

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) (2006), moves that

the Illinois Pollution Control Board ("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:

The Complaint in this matter alleges violations of

Sections 55 (d)

(1),

55 (e), 55 (g), 55.6 (b), and 21 (k) of the Act,

415 ILCS 5/55 (d) (1), 55 (e), 55 (g), 55.6 (b), and 21 (k) (2006).

Complainant is filing this Motion and a Stipulation

and Proposal for Settlement with the Board.

The parties have reached agreement on all outstanding

issues in this matter.

Electronic Filing - Received, Clerk's Office, January 22, 2008

This agreement is presented to the Board in a

Stipulation and Proposal for Settlement filed this' same date.

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).

WHEREF.ORE, 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

State of Illi

BY:

A. VAIL

stant Attorney General

Envlronmental Bureau

69 W. Washington St., 18th Floor

Chicago, Illinois 60602

(312) 814-5361

DATE: January 22, 2008.

Electronic Filing - Received, Clerk's Office, January 22, 2008

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

PEOPLE OF THE STATE OF ILLINOIS,

rei.

LISA MADIGAN,

Attorney General of the State

of Illinois,

Complainant,

PCB No. 06-177

SHERIDAN SAND & GRAVEL CO.,

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 SHERIDAN

SAND & GRAVEL CO.,

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 of the

facts stipulated herein, shall be introduced into evidence in any

other proceeding regarding the claims asserted in the Complaint

Electronic Filing - Received, Clerk's Office, January 22, 2008

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.

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.

(2006) .

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

Parties

On May 22, 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

Electronic Filing - Received, Clerk's Office, January 22, 2008

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 4 of the Act, 415

ILCS 5/4 (2006).

At all times relevant to the Complaint, Respondent was

and is an Illinois corporation, duly authorized to transact

business in Illinois.

Site Description

At all times relevant to the Complaint, Respondent owned and

operated a sand and gravel mine located at 2679 North 4201 Road,

Sheridan, LaSalle County, Illinois ("Site"). The Site consists

of approximately 291.56 acres

Allegations of Non-Compliance

Complainant contends that the Respondent has violated the

following provisions of the Act and Board regulations:

Count

II:

Failure to register as tire storage site, in

violation of Section 55 (d) (1) of the Act, 415

I LCS 5/55 (d) (1) (2 006) ;

Improper storage of used or waste tires, in

violation of Section 55(e) of the Act, 415 ILCS

5/55 (e) (2 006), and 35

Ill.

Adm. Code

84 8 . 2 02 (b) (4) and (5) ;

Electronic Filing - Received, Clerk's Office, January 22, 2008

Count III: Failure to comply with tire storage notification

and recordkeeping requirements, in violation of

Section 55(e) of the Act, 415 ILCS 5/55(e)

(2006), and 35 Ill. Adm. Code 848.304(a) and (c)

and 848.305;

Count IV:

Failure to pay registration fee, in violation of

Sections 55.6(b), 55(d) (1) and 21(k) of the Act,

415 ILCS 5/55.6 (b), 5/55 (d) (1) and 5/21 (k)

(2006); and

Count V:

Failure to comply with tire transporter

requirements, in violation of Section 55(g) of

the Act, 415 ILCS 5/55(g) (2006), and 35 Ill.

Adm. Code 848. 601 (a) (1) and (2) .

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 violations within the Complaint and referenced

within Section III.C herein, and this Stipulation shall not be

interpreted as including such admission.

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

Electronic Filing - Received, Clerk's Office, January 22, 2008

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.

No change in ownership, corporate status or operator of the

Site shall in any way alter the responsibilities of the

Respondent under this Stipulation and Proposal for Settlement.

In the event of any conveyance of title, easement or other

interest in the Site, the Respondent shall continue to be bound

by and remain liable for performance of all obligations under

this Stipulation.

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) (2006), provides

as follows:

Electronic Filing - Received, Clerk's Office, January 22, 2008

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:

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 in which it is located,

including the question of priority of 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 state the

following:

The alleged violations potentially threatened human

health and the environment by allowing conditions to exist that

could attract and support mosquito larvae.

The Site has a social and economic benefit.

The Site is suitable for the area in which it is

located.

Electronic Filing - Received, Clerk's Office, January 22, 2008

It is both technically practicable and economically

reasonable to properly store used tires in compliance with the

Act and Board regulations.

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) (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:

the duration and gravity of the violation;

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;

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;

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;

the number, proximity in time, and gravity of

previously adjudicated violations of this Act by

the respondent;

Electronic Filing - Received, Clerk's Office, January 22, 2008

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 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:

Complainant has alleged that the violations continued

from at least April 19, 2005 until approximately June 6, 2005.

Respondent was diligent in removing the accumulation of

used tires once the Illinois EPA notified it of its

noncompliance.

No economic benefit was obtained from Respondent's non- .

compliance.

Complainant has determined, based upon the specific

facts of this matter, that a penalty of Ten Thousand Dollars

($10,000.00) will serve to deter further violations and aid in

future voluntary compliance with the Act and Board regulations.

To Complainant's knowledge, Respondent has no

previously adjudicated violations of the Act.

Respondent did not self-disclose the violations alleged

in the Complaint to the Illinois EPA.

Electronic Filing - Received, Clerk's Office, January 22, 2008

The settlement of this matter does not include a

supplemental environmental project.

VIII.

Penalty Payment

TERMS OF SETTLEMENT

The Respondent shall pay a civil penalty in the sum of

Ten Thousand Dollars ($iO,ooo.OO) within thirty (30) days from

the date the Board adopts and accepts this Stipulation. The

penalty described in this Stipulation shall be paid by certified

check or money order 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 or money order shall be sent to:

VANESSA VAIL

Assistant Attorney General

Environmental Bureau

69 W. Washington Street, 18

Floor

Chicago, Illinois 60602

PAUL JAGIELLO

Assistant Counsel

Illinois Environmental Protection Agency

9511 West Harrison Street

Des Plaines, Illinois 60016

Electronic Filing - Received, Clerk's Office, January 22, 2008

Pursuant to Section 42(g) of the Act, 415 ILCS 5/42(g)

(2006), 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 or money order, payable to the

Illinois EPA, designated to the Illinois Environmental Protection

Trust Fund and delivered to the address and in the manner

described above.

For purposes of payment and collection, Respondent may

be reached at the following address:

Branko Vardijan

President

Ravenswood Disposal Services, Inc.

221 North Washtenaw

Chicago, Illinois 60612

With copy

to:

Kenneth Anspach, Esq.

'8 South Michigan Avenue

Suite 3400

'Chicago, Illinois 60603

Electronic Filing - Received, Clerk's Office, January 22, 2008

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.

Cease and Desist

The Respondent shall cease and desist from future violations

of the Act that were the subject matter of the Complaint as

outlined in Section III.C ("Allegations of Non-Compliance") of

this Stipulation.

Release from Liability

In consideration of the Respondent's payment of the

$10,000.00 penalty and any specified costs and accrued interest,

its commitment to Cease and Desist as contained in Section VIII.B

and upon the 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 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 May 22, 2006. The

Complainant reserves, and this Stipulation is without prejudice

Electronic Filing - Received, Clerk's Office, January 22, 2008

to, all rights of the State of Illinois against the Respondent

with respect to 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 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.

Right of Entry

In addition to any other authority, the Illinois EPA, its

employees and representatives, and the Attorney General, her

agents and representatives, shall have the right of entry into

and upon the Respondent's Site which is the subject of this

Electronic Filing - Received, Clerk's Office, January 22, 2008

Stipulation, at all reasonable times for the purposes of carrying

out inspections. In 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.

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.

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.

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.

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

Electronic Filing - Received, Clerk's Office, January 22, 2008

competent jurisdiction to be inconsistent with state or federal

law, and therefore unenforceable, the remaining clauses shall

remain in full force and effect.

Execution of Document

This Stipulation shall become effective only when executed

by all parties and the Board. This Stipulation may be executed

by the parties in one or more counterparts, all of which taken

together, shall constitute one and the same instrument.

Electronic Filing - Received, Clerk's Office, January 22, 2008

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

DATE:

-----'--+--"'--Y-~

...........----

ILLINOIS ENVIRONMENTAL PROTECTION

AGENCY

BY:

ROB~'

Chief Legal

~~ss~~

Counsel

DATE:

~(Y.IL-~~D

, SHERIDAN SAND & GRAVEL, CO.

BY:

Name:

(31(

VJt62-c/)/--J

IpJ

Title:

f~.tIJcV\+

DATE:

-~----=------

Electronic Filing - Received, Clerk's Office, January 22, 2008

CERTIFICATE OF SERVICE

I, VANESSA A. VAIL, an Assistant Attorney General, do certify that I caused to be

mailed this 22nd day

of January 2008, true and correct copies of the Stipulation and Proposal for

Settlement, Motion to Request Relief from Hearing Requirement and Notice

of Filing by

certified mail with return receipt requested to the person listed on the said Notice

of Filing, and

depositing same with the United States Postal Service located at 69 West Washington Street,

Chicago, Illinois, 60602.

Electronic Filing - Received, Clerk's Office, January 22, 2008