CED
FEB
112009
OFFICE
OF
THE
ATTORNEY
GENERAL
STATE
OF
ILLINOIS
STATE
OF
ILLINOIS
POlIutOn
Control
Board
Lisa
Madigan
ATTORNEY
GENERA]
February
9,
2009
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.
Quad-County
Ready
Mix
Corp.
PCB
No. 06-181
Dear
Clerk:
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
envelope.
Thank
you
for your
cooperation
and
consideration.
Very
truly
yours
Michael
D.
Mankowski
Environmental
Bureau
500
South
Second
Street
Springfield,
Illinois
62706
(217)
782-9031
MDM/pjk
Enclosures
500
South
Second
Street,
Springfield,
Illinois
62706
• (217)
782-1090
• ‘TTY:
(877)
844-5461
• Fax:
(217)
782-7046
100
West
Randolph
Street,
Chicago,
Illinois
60601
• (312)
814-3000
•
TTY:
(800) 964-3013
• Fax:
(312)
814-3806
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BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
PEOPLE OF
THE STATE
OF ILLINOIS,
)
)
Complainant,
)
vs.
)
PCB
No. 06-1
81
)
(Enforcement
- Air,
Land,
Water)
QUAD-COUNTY
READY
MIX
)
CORPORATION,
an Illinois
corporation,
)
)
Respondent.
OF’
NOTICE OF FILING
C
FEB
To:
Claire
A. Manning
$OlS
Brown,
Hay & Stephens, LLP
sTP’T
COntXO’
BO
205 South
Fifth
Street, Ste. 700
P.O. Box 2459
Springfield,
IL 62705-2459
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
MATTHEWJ. DUNN,
Chief
Environmental
Enforcement/Asbestos
MICHAEL
D. MANKOWSKI
Assistant Attorney
General
Environmental
Bureau
500 South
Second
Street
Springfield,
Illinois 62706
217/782-9031
Dated: August
19, 2008
CERTIFICATE
OF SERVICE
I hereby certify
that I did on
February
9,
2009,
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:
Claire
A. Manning
Brown,
Hay
& Stephens, LLP
205 South
Fifth Street,
Ste 700
P.O. Box 2459
Springfield,
IL 62705-2459
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
MICHAEL
D. MANKOWSKI
Assistant Attorney
General
This
filing is submitted
on recycled
paper.
BEFORE
THE ILLINOIS POLLUTION CONTROL
BOARD
PEOPLE OF
THE
STATE
OF ILLINOIS,
)
Complainant,
vs.
)
PCB No. 06-1 81
)
(Enforcement - Air, Land, Water)
QUAD-COUNTY
READY
MIX
CORPORATION, an Illinois corporation,
)
Respondent.
)
FEB
1
i
2009
STAOF
‘rd
MOTION FOR RELIEF FROM HEARING
REQUIJE4
COn
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 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
USA
MADIGAN
ATTORNEY
GENERAL
MATTHEWJ.
DUNN,
Chief
Environmental
Enforcement/Asbestos
Liti
ati
n D’vision
BY:L%1&dL41
MICHAEL
D. MANKOWSKI
Environmental
Bureau
Assistant
Attorney
General
500
South Second
Street
Springfield,
Illinois
62706
217/782-9031
Dated:
February
9,
2009
2
BEFORE THE
ILLINOIS
POLLUTION CONTROL
BOARD
PEOPLE
OF
THE
STATE
OF ILLINOIS,
)
)
Complainant,
)
)
v.
)
PCBO6-181
)
(Enforcement
- Air, Land, Water)
QUAD-COUNTY
READY
MIX
)
CORPORATION,
an
Illinois
corporation
)
)
OF
Respondent.
)
FEB
20E19
STIPULATION
AND
PROPOSAL FOR
SETTLEMEE
oFlrd
ponuon
Con
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 QUAD-COUNTY
READY
MIX CORPORATION
1
(‘Respondent
’),
the Parties to the
Stipulation and Proposal
for Settlement
(“Parties to the
Stipulation”),
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
Boards 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
A.
Parties to
the Stipulation
1.
On June
2, 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.
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,
Respondent
was
and
is an
Illinois
corporation
in
good
standing.
4.
At all
times relevant
to
this
Complaint,
Quad-County
Ready
Mix
was the
owner
and
operator
of
a
concrete
ready
mix
plant
located
at
300
Old Fullerton,
Swansea,
St. Clair
County,
Illinois
(facility”).
5.
Stormwater
discharges
from
the
facility
are
regulated
by
National
Pollutant
Discharge
Elimination
System
(NPDES)
General
Permit
for
Storm
Water
Discharges
from
Industrial
Activities
No.
1LR003761.
B.
Allegations
of
Non-Compliance
Complainant
contends
that the
Respondent
has
violated
the following
provisions
of
the
Act and
Board regulations:
Count
I:
NOTIFICATION
AND
FEE
PAYMENT
VIOLATIONS,
in
violation
of
Section
9.1(d)
of
the Act,
415
ILCS 5/9.1(d)
(2006),
Section
9.13(b)
of
the
Act,
415
ILCS
5/9.13(b)
(2006),
and
40
CFR
61.145(a)
& (b)(l)
Count
II:
FAILURE
TO
FOLLOW
PROPER
EMISSION
CONTROL
PROCEDURES, in
violation
of
Section
9,1(d) of
the Act,
415
ILCS
5/9.1(d)
(2006),
and
40 CFR
61.145(c)(1)
&
(6)
2
Count
III:
IMPROPER
DISPOSAL OF
REGULATED
ASBESTOS CONTAINING
MATERIALS,
in violation
of
Section
9.1(d)
of
the
Act, 415
ILCS
5/9.1(d)
(2006),
and
40
CFR
61.150(a)(1)
&
(b)(1)
Count
IV:
AIR
POLLUTION
VIOLATIONS,
in
violation
of
Section
9(a)
of the
Act,
415
ILCS 5/9(a)
(2006),
and
Section
201.141
of
the Boards
Air
Pollution
Regulations, 35111.
Adm. Code
201.141
Count
V:
OPEN
DUMPING,
in
violation
of
Sections
2
1(a), (e),
&
(p)(l),
(4),
&
(7)
of
the
Act,
415
ILCS
5/21(a),
(e),
&
(p)(l),
(4),
& (7)
(2006)
Count VI:
OPEN
BURNING,
in violation
of Section
9(c)
of the
Act, 415
ILCS
5/9(c)
(2006)
and
Section
21(p)(3)
of
the
Act,
415
ILCS
5/
2
1(p)(3)
(2006)
•Count
VII:
WATER
POLLUTION,
in
violation
of Section
12(a) of
the
Act,
415 ILCS
5/12(a)
(2006)
Count
VIII:
NPDES
PERMIT
VIOLATIONS:
UNLAWFUL
DISCHARGES,
in
violation
of
Section
12(f)
of the
Act,
415 ILCS
5/12(f)
(2006),
NPDES
Permit
No.
ILROO3
761
C.
Admission
of
Violations
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.C
herein,
and this
Stipulation
shall not
be
interpreted
as including
such admission.
D.
Compliance
Activities
to Date
Respondent
has
properly
removed
and
disposed
of
the
any
and all
remaining
RACM
at
the
facility;
ceased
open
dumping
and
removed
all
open dumped
waste from
the
facility;
ceased
open
burning;
ceased
all alleged
water
pollution;
and
updated
the
Storm
Water
Pollution
3
Prevention Plan (SWPPP)
for the facility
as required
by NPDES Permit No. 1LR003761.
II. APPLICABILITY
This Stipulation
shall apply to and
be binding upon the Parties
to the
Stipulation,
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),
III.
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 it is located, including the question of priority
of
location in
the
area involved;
4
4.
the technical practicability
and
economic
reasonableness
of
reducing
or
eliminating
the emissions,
discharges
or deposits
resulting
from
such
pollution source; and
5.
any subsequent
compliance.
In
response to these factors,
the parties
state
the following:
1.
During
renovation and
demolition of
the former batch house
RACM was
disturbed
and managed in
a manner
not
in compliance with the
Act and
regulations,
thereby
threatening
the
release of
asbestos fibers into the
atmosphere.
In addition, during demolition
and
renovation,
Respondent
conducted
open
burning
and
open
dumping at
the site and
failed
to
have
a
valid storm
water management
plan
for containment of
water runoff.
Human health and the
environment
were
threatenedand
the
Illinois EPA’s information
gathering
responsibilities were
hindered
by
the
Respondent’s
violations.
2.
There is
social and
economic benefit to the
facility. Respondent’s
demolition
and
renovation of the
former
batch house
which was obsolete
and
seriously
in need of renovation,
provides
a
substantial
improvement for Swansea,
Illinois,
and required a
major investment
of
resources
on the
part of
Respondent.
3.
Operation
of the
facility
was
suitable
for
the area in which
it occurred.
The
demolition
and
renovation
of
the former
batch
house,
was in its current
location
for
decades;
thus,
the
constructiofl
activities involved
in the
renovation
were suitable
for the
area.
4.
The proper
removal
and disposal of
RACM at the site
is both
technically
practicable
and
economically
reasonable.
It was both technically
practicable
and economically
reasonable
to avoid
open
dumping
and open burning at
thesite.
It
was
technically practicable
and
economically
reasonable
to
maintain
containment
for wash water
runoff and update the
SWPPP
for
the facility.
5
5.
Once having
been
notified
of its non-compliance, the Respondent
made
substantial
efforts
to come
into compliance
with
the
Act and
the
Board’s
regulations.
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;
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
V
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
V
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.
V
In response
to
these
factors,
the parties
state as
follows:
1.
The Respondent
failed
to
conduct
demolition
in
accordance
with
regulatory
and
statutory
requirements
concerning
the
removal
of asbestos
in the
demolition
of
the former
batch
6
house
in Illinois.
Also,
Respondent
violated
the Act
by
conducting
open
burning
and
open
dumping
of
construction
debris
and
by
failing
to
manage
storm water
in
accordance
with
a
storm
water
permit.
2.
‘While
Respondent did not
exercise
diligence
in its initial
demolition
activities,
once
notified
by
the
JEPA of
its
noncompliance,
Respondent
was
diligent
in
attempting
to come
back
into compliance
with
the
Act, Board
regulations
and applicable
federal
regulations.
3.
Respondent
received
no or
marginal
economic
benefit
from
its noncompliance.
4.
Complainant has
determined, based
upon
the specific
facts
of this
matter,
that
a
penalty
of Thirty
Thousand
Dollars
($30,000.00)
will
serve
to
deter further
violations
and
aid
in
future voluntary
compliance
with the
Act and
Board
regulations.
5.
A
review
of Illinois
EPA
records
does
not
indicate
any
previous
enforcement
action
taken
by the
Illinois
EPA
against
the
Respondent.
6.
Respondent
did
not
voluntarily
disclose
to
the
Illinois
EPA the
violations
that
are
the
subject
of this
case.
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
Thirty
Thousand
Dollars
($30,000.00)
within
thirty
(30)
days
from
the
date
the
Board
adopts
and
accepts
this Stipulation.
7
B.
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:
Michael D. Mankowski
Assistant Attorney
General
Environmental
Bureau
500
South Second
Street
Springfield,
Illinois
62702
C.
Release
from
Liability
In
consideration of
the
Respondents
payment of the Thirty
Thousand
Dollar
($30,000.00)
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
Complainants Complaint
filed on November
1,
2006.
The
Complainant
reserves,
and this Stipulation is
without
prejudice
to, all rights of
the
8
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
orjudicial, civil
or
criminal,
past
or
future,
in
law
or
in equity,
which
the
State
of
Illinois
may
have
against
any
person,
as
defined
by
Section
3.315
of the
Act,
415
ILCS
5/3.315
(2006),
or entity
other
than
the
Respondent.
D.
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.
E.
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.
9
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,
THE
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
LISA
MADIGAN
Attorney
General
DOUGLAS
P. SCOTT,
Director
State
of
Illinois
Illinois
Environmental
Protection Agency
MATTHEW
J. DUNN,
Chief
Environmental Enforcement!
Asbestos Litigation
Division
BY:___________________
BY:___________________
THOMAS
DAVIS, Chief
R
BERT
MESSI A
Environmental
Bureau
Chief Legal
Counsel
Assistant
Attorney
General
DATE:
4
DATE:_________
10
FOR
THE
DEFENDANT:
QUAD-COUNTY
READY
MIX
CORPORATION
BY:
Title:_____________________________
DATE:
11