IE0
AUG
272009
OFFICE OF THE
ATTORNEY GENERAL
STATE
OF ILLINOIS
P0IIL,t’on
co,J10is
O
Bo
Lisa Madigan
ATTORNEY
GENERAL
August
25, 2009
John Therriult, A:iznt Ocrk
Ilinois
Pollution
Control
Board
State of Illinois Center
100
West
Randolph
Chicago, Illinois 60601
Re:
People v. Barger Engineering,
Inc.
PCB
06-82
Dear Mr.
Therriault:
Enclosed for
filing please find
the
original
and ten copies
of a Notice of Filing, MOTION
FOR RELIEF FROM HEARING
REQUIREMENT
and STIPULATION
AND PROPOSAL
FOR
SETTLEMENT in regard to the
above-captioned
matter.
Please
file the originals and return
file-
stamped copies
to
me in the
enclosed,
self-addressed envelope.
Thank you
for your
cooperation and consideration.
Very
truly
yours,
Thomas Davis,
Chief
Environmental
Bureau
500 South
Second Street
Springfield, Illinois
62706
(217)
782-9031
TD/pjk
Enclosure
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
• ‘FI’Y: (800) 964-3013
• Fax:
(312)
814-3806
BEFORE
THE ILLINOIS POLLUTION
CONTROL
BOARD
PEOPLE OF THE STATE OF
ILLINOIS,
Complarnant,
vs.
)
PCB No. 06-82
)
(Enforcement)
BARGER ENGINEERING, INC., an
Indiana
corporation,
)
Respondent.
NOTICE_OF FILING
ECElVEO
To:
Ms.
Claire
A.
Manning
CLERK’S
OFFG
Brown Hay & Stephens,
LLP
i )f19
205 S. Fifth Street, Suite
700
Ui.,
,.
Springfield, IL 62701
JF%LUNOSd
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
Litigation Division
BY________________
THOMAS DAVIS, Chief
Assistant Attorney General
Environmental Bureau
500
South
Second Street
Springfield,
Illinois 62706
21
7/782.9031
Dated:
August 25,
2009
CERTIFICATE
OF
SERVICE
I hereby certify
that I
did
on
August
25,
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:
Ms:
Claire
A.
Manning
Brown
Hay &
Stephens,
LLP
205
S. Fifth
Street,
Suite
700
Springfield,
IL 62701
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
THOMAS
DAVIS,
Chief
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. 06-82
)
(Enforcement)
BARGER ENGINEERING, INC,
an
)
Indiana corporation,
)
AUG
272009
Respondent.
)
STATh
OF
ILLINOIS
PoHutiri
Control
Board
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) (2008), 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) (2008). 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) (2008).
I
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) (2008).
Respectfully
submitted,
PEOPLE OF
THE
STATE
OF ILLINOIS
LISA MADIGAN
ATTORNEY
GENERAL
MATTHEWJ.
DUNN, Chief
Environmental
Enforcement/Asbestos
Litigation Division
BY:_______________________
THOMAS DAVIS,
Chief
Environmental
Bureau
Assistant
Attorney General
500 South Second
Street
Springfield,
Illinois
62706
217/782-9031
Dated: August
25, 2009
2
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
PEOPLE
OF
THE
STATE
OF
ILLINOIS,
)
)
Complainant,
)
)
v.
)
PCB
NO.
06-82
)
(Enforcement)
BARGER
ENGINEERING,
INC.,
an
Indiana
)
ECEVED
corporation,
)
CLERK’S
OFFICE
AUG
27
2009
Respondent.
)
STATE
OF
ILLINOIS
STIPULATION
AND PROPOSAL
FOR
SETTLEMtIOfl
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
BARGER
ENGINEERING,
INC.
(‘Respondent”),
(“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
Board’s
approval of
this
Stipulation
and
issuance of
relief.
None
of
the
facts
stipulated herein
shall be
introduced
into
evidence
in
any
other
proceeding
regarding
the
violations
of
the
Illinois Environmental
Protection
Act
(“Act”),
415
ILCS
5/1
et
seq.
(2006),
and
the
Board’s
Regulations,
alleged
in
the
Complaint
except
as
otherwise
provided
herein.
It
is
the
intent
of
the
parties to
this
Stipulation
that
it
be
a
final
adjudication
of
this
matter.
I.
STATEMENT
OF
FACTS
A.
Parties
to
the
Stipulation
I.
On
December
1,
2005,
a
Complaint
was
filed
on
behalf
of
the
People
of
the
State
of
Illinois by
Lisa
Madigan,
Attorney
General
of
the
State
of
Illinois, on
her
own
motion
and
upon
the
request
of
the
Illinois
EPA,
pursuant
to
Section 31
of
the
Act,
415
ILCS
5/31
(2006),
against
the
Respondent.
On
June
29,
2006,
Complainant
filed
its
first
motion to
amend
the
complaint
and
on
October
16,
2007,
Complainant
filed
its
second motion to
amend the
complaint.
Both
motions
were
granted on
November
15,
2007.
On
September
15,
2008,
Complainant
filed
its
third
motion
to
amend
the
complaint,
and
that
was
granted on
September
30,
2008.
2.
The
Illinois EPA
is
an
administrative
agency
of
the
State
of
Illinois, cieated
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
Indiana
corporation
that
is
authorized
to
transact
business
in
the
State
of
Illinois.
Respondent
owns,
leases,
and
operates
multiple
oil
wells,
including
salt
water
injection,
in
‘White
County,
Illinois.
At
all
times
relevant
to
the
Complaint,
Respondent
owned
and
operated
the
Phillipstown
Unit
Water
Flood
Plant
located
approximately
five
miles
south
of
Crossville,
two
wells on
the
CT
Spencer
lease,
1814
County
Road
1750,
Crossville,
and
a
compression
coupler
located
on
a flow
line
at
the
Everett
Spencer
#9
Production
Well,
1814
County
Road
1720,
Crossville,
all
in White
County,
Illinois.
4.
On
September
23,
2005,
a
PVC
transfer
line
located
at
the
Phillipstown
Unit
Water
Flood
Plant
had
ruptured
and
released approximately
1,000
-
1,500
barrels
of
salt
water
and
10
to
20
barrels
of
crude
oil.
The
salt
water
traveled
approximately
I ‘/2
miles
downstream
from
the
facility
into
a
drainageway
and
unnamed
stream,
which
drains
into
the
Wabash
River.
Crude
oil
and
crude
oil
staining
was
approximately
1
mile
downstream
from
the
facility.
The
2
chloride
concentration
of the
water
in
the
drainageway
was
at
least
6,722
mg/L
approximately
I
miles
downstream
of the
facility.
Over
50
small
fish,
including
small
minnows and
catfish, died
approximately
1
1/4
miles
downstream
from
the
facility.
5.
On
September
26,
2005,
over
100
more
small
fish,
including
minnows
and
catfish,
had
been
killed about
1
1/4
to
I V
2
miles
downstream
from
the
Phillipstown
Unit
Water
Flood
Plant.
6.
On
May
18,
2006,
a
fiberglass
pipeline from
the
Phillipstown
Unit
Water
Flood
Plant
to
the
injection
wells
breached
and
released
approximately
200
barrels
of
salt
water. On
May
19,
2006,
the
salt
water
had
traveled
approximately
1
V2 miles
downstream
from
the
pipeline
into
the
same
drainageway
and
unnamed
stream
that
drains
into
the
Wabash
River as
the
September
23,
2005
release. On
May
19,
2006,
the
chloride
concentration
of the
water
approximately
500
feet
downstream
of
the
breached
pipeline
was
approximately
1,199
ppm.
On
May
25,
2006,
the
chloride
concentration
of
the
water was
approximately
61
9.640
ppm
downstream
of
the
breached
pipeline
and
upstream
of
a berm
installed
by
the
Respondent.
7.
On
April
20,
2007, a
steel
section of a
flow
line
pipe
for
two
wells
located at
the
CT
Spencer
lease
failed,
releasing
approximately
10 barrels
of
crude
oil
and
200
barrels of salt
water.
The
salt
water
traveled
approximately
800
feet
through
drain
tiles
and
a
water
filled
ditch
into
an
unnamed
creek.
The
chloride
concentration
of
the
water
approximately
700
feet
downstream
of
the
where
the
salt
water
entered
the
stream
was
approximately
800-900
ppm.
8.
On
August
2,
2007,
a
compression
coupler
located
on
a
flow
line
at the
Everett
Spencer
9 Production
Well
split
releasing
approximately
3
barrels
of
crude
oil
and
30
barrels
of
salt
water,
The
salt
water
crossed
the
lease
road
and
flowed
into
an
unnamed
creek.
The
3
chloride
concentration
of
the
water
approximately
150
feet
downstream
was
approximately
598
ppm. The
chloride
concentration
of
the
water
approximately
700
feet
downstream
was
approximately
1503
ppm.
9.
On
May
3,
2008,
a
transfer
line
connect
to
the
L.G.
Cleveland
Tank
Battery
was
damaged
in
a
storm,
resulting
in
a release
of
approximately
50
barrels
of
salt
water,
which
flowed
into
a
ditch
leading
to
an
unnamed
creek.
The
chloride
concentration
of the
water
in
the
ditch
was
approximately
1,200
ppm.
The
incident
number
for
this
release
is 2008
0600.
10.
On
August
12,
2008,
an
above
ground
injection
line
at the
Phillipstown
Unit
Water
Flood
Plant
failed,
The
line
failure
caused a
release of
approximately
50
barrels
of
salt
water,
which
flowed
into
an
unnamed
creek.
The
chloride
concentration
of
the
water
in
the
creek
was
approximately
700
to
2,000
ppm.
B.
Allegations
of
Non-Compliance
Complainant
and
the
Illinois
EPA
contend
that
the
Respondent
has
violated the
following
provisionsof
the
Act
and
Board
regulations:
Count
I:
Section
12(a)
and
12(f)
of
the
Act,
415
ILCS
5/12(a),
(f) (2004)
and
Sections
302.203
and
3 02.208(g)
of
the
Board’s
Water
Quality
Standards
Regulations,
35
Ill.
Adm.
Code
302.203,
302.208(g)
Count
II:
Section
12(a),
12(d)
and
12(f) of
the
Act,
415
ILCS
5/12(a), (d),
and
(f)
(2004)
and
Sections
302.203
and
302.208(g)
of
the
Board’s
Water
Quality
Standards
Regulations,
35
111.
Adm.
Code
302.203,
302.208(g)
Count
III:
12(a),
and
12(d)
of the
Act,
415
ILCS
5/12(a),
(d),
(2004)
and
Section
302.208(g)
of the
Board’s Water
Quality
Standards
Regulations,
35
Ill.
Adm.
Code
302.208(g)
Count
IV:
Section
12(a),
and
12(d)
of
the
Act,
415
ILCS
5/12(a),
(d),
(2004)
and
Section
302.208(g)
of
the
Board’s
Water
Quality Standards
4
Regulations,
35
Ill.
Adm.
Code
302.208(g)
Count
V:
Section
12(a), and
12(d)
of
the
Act,
415
ILCS
5/12(a), (d),
(2004)
and
Section
302.208(g)
of
the
Board’s
Water
Quality
Standards
Regulations,
35
III,
Adm.
Code
3 02.208(g)
C.
Non-Admission
of
Violations
The
Respondent
represents
that
it
has
entered
into
this
Stipulation
for
the
purpose
of
settling
and
compromising
disputed
claims
without
having
to
incur the
expense
of
contested
litigation.
By
entering
into
this
Stipulation
and
complying
with
its
terms,
the
Respondent
does
not
affirmatively
admit
the
allegations
of
violation
within
the
Complaint
and
referenced
within
Section
I.B
herein,
and
this
Stipulation
shall
not
be
interpreted
as
including
such
admission.
D.
Compliance
Activities
to
Date
1.
In
response
to
the
September
23,
2005
release,
Respondent
moved
the
line
that
leaked
away
from
the
road
ditch and
all
steel
fittings
were
removed from
the
line.
Respondent
also
inspected
other
lines in
the
area
and
replaced sections
of
the
line
that
appeared
corroded.
2.
Respondent
has
prepared a
Spill
Prevention
Control
and
Countermeasure
(SPCC)
Plan
for
each
of
Respondents
eight
Tank
Batteries
at the
Phillipstown
Waterflood
facility.
3.
Respondent
has
completed
the
investigation
and
cleanup
of all
six
incidents
described
above,
including
incident
2008
0600.
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
5
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
Third
Amended
Complaint
in
this
matter,
and
any
violations
that
could
have
been
alleged
regarding incident 2008
0600,
for
purposes
of
Sections
39
and
42
of
the
Act,
415
ILCS
5/39
and
42
(2006).
No
change
in
ownership,
corporate
status
or
operator
of the
facilities
cited
in
the
Third
Amended
Complaint
or
the
facility
where
incident
2008
0600
occurred
shall
in
any
way
alter
the
responsibilities
of the
Respondent
under
this
Stipulation.
In
the
event
that
the Respondent
proposes
to sell
or
transfer any
real
property
or
operations
subject
to
this
Stipulation, the
Respondent
shall
notify
the
Complainant
and
the
Illinois
EPA
thirty
(30)
calendar
days
prior
to
the
conveyance
of
title,
ownership
or
other
interest,
including
a leasehold
interest
in
any
of
the
facilities
or-a
portion
thereof.
The
Respondent
shall
make
as
a
condition
of
any
such
sale
or
transfer,
that
the
purchaser
or
successor
provide
to Respondent
site
access and
all cooperation
necessary
for
Respondent
to
perform
to
completion
any
compliance
obligations
required
by
this
Stipulation. The
Respondent
shall
provide
a
copy
of
this
Stipulation
to any
such
successor
in
interest
and
the
Respondent
shall
continue to
be bound
by
and
remain
liable
for
performance
of
all
obligations
under
this
Stipulation.
In
appropriate
circumstances,
however,
the
Respondent
and
a
proposed
purchaser
or operator
of any
of
the
facilities
may
jointly
request,
and
the
Complainant
and
the
Illinois
EPA,
in
their
discretion, may
consider
modification
of
this
Stipulation to
obligate
the
proposed
purchaser
or operator
to
carry
out
future
requirements
of
this
Stipulation
in
place
of, or
in
addition to,
the
Respondent.
This
provision does
not
relieve
the
6
Respondent
from
compliance
with
any
regulatory
requirement
regarding notice
and
transfer
of
applicable
facility
permits.
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:
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:
I.
the
character
and
degree
of
injury
to,
or
interference
with
the
protection
of
the
health,
general
cf
arid
iyici
property
oithe
peDpI;
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
to
this
Stipulation
state
the
following:
1.
Human
health was
threatened
and
the
environment
was
impacted
by
the
Respondent’s
violations.
2.
There
is
social
and
economic
benefit
to
the
operation,
lease,
and
ownership
of
oil
wells,
including
salt
water
injection, by
the
Respondent.
3.
Operation
of
the
oil
wells
and
the
salt
water
injection is
suitable
for
the
area
in
which
they
are
located.
4.
Refraining
from
releasing
salt
water
and
oil
from
the
flow
lines
and
disposal
lines
7
is
both
technically
practicable
and
economically
reasonable.
5.
Respondent
has
subsequently
complied
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:
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
to
this
Stipulation state
as
follows:
The
Respondent
released
salt
water
and
oil
into
waters
of the
State
on
six
separate
8
occasions.
The
violations
began
on
or
around
September
23, 2005
and
were
individually
resolved
at various
times
following
each
release.
2.
Respondent
was
diligent
in
attempting
to
come
back
into
compliance
with
the
Act,
Board
regulations
and
applicable
federal
regulations,
once
the
Illinois
EPA
notified
it
of
its
noncompliance.
3
No
economic
benefit
was
accrued
by
the
Respondent.
4,
Complainant
and
the
Illinois
EPA
have
determined,
based
upon
the
specific
facts
of
this
matter
that
a
penalty
of Fifty
Thousand
Dollars
($50,000.00)
will
serve
to
deter
further
violations
and
aid
in future
voluntary
compliance
with
the
Act
and
Board
regulations.
5.
To
Complainant’s
and
the
Illinois
EPA’s
knowledge,
Respondent
has
no
previously
adjudicated
violations
of
the
Act.
6.
Self-disclosure
is
not
at
issue
in
this
matter.
7.
The
settlement
of
this
matter
includes
a supplemental
environmental
project
of
a
$20,000
donation
to
the
Illinois
Petroleum
Resources
Board.
9
V.
TERMS
OF
SETTLEMENT
A.
Penalty
Payment
1
The
Respondent
shall
pay
a
civil
penalty
in
the
sum
of Fifty
Thousand Dollars
($50,000.00)
within
thirty
(30)
days
from
the
date
the Board
adopts
and
accepts
this
Stipulation.
B.
Interest
and
Default
1.
If the
Respondent
fails
to make
any
payment
required
by
this
Stipulation on
or
before
the
date
upon
which
the
payment
is
due,
the Respondent
shall
be
in default
and
the
remaining
unpaid
balance
of
the penalty,
plus
any
accrued
interest,
shall
be
due
and
owing
immediately.
In
the event
of default,
the
Complainant
shall
be
entitled
to reasonable
costs
of
collection,
including
reasonable
attorney’s
fees.
2.
Pursuant
to
Section
42(g)
of
the Act,
interest
shall
accrue
on
any
penalty
amount
owed
by
the
Respondent
not
paid
within
the
time
prescribed
herein.
Interest
on unpaid
penalties
shall
begin
to
accrue
from
the date
such
are
due
and
continue
to
accrue
to
the date
full
payment
is
received,
Where
partial
payment
is
made
on
any
penalty
amount
that is
due,
such
partial
payment
shall
be
first
applied
to
any
interest
on
unpaid
penalties
then
owing.
C.
Payment
Procedures
All
payments
required
by
this
Stipulation
shall
be
made
by
certified
check
or
money
order
payable
to
the
Illinois
EPA
for
deposit
into the
Environmental
Protection
Trust
Fund
(“EPTF”).
Payments
shall
be
sent
by
first
class
mail and
delivered
to:
Illinois
Environmental
Protection
Agency
Fiscal
Services
1021
North
Grand
Avenue
East
P.O.
Box
19276
Springfield,
IL
62794-9276
10
The
name,
case
number
and
the
Respondents
federal
tax
identification
number
shall
appear
on
the
face
of
the
certified
check
or
money
order.
A
copy
of
the
certified
check
or
money
order and
any
transmittal
letter
shall
be
sent
to:
Environmental
Bureau
Illinois
Attorney
General
s
Office
500
South
Second
Street
Springfield,
Illinois
62706
D.
Future
Compliance
1.
In
addition
to
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
any
of
the
Respondent’s
facilities
which
is
the
subject
of
this
Stipulation,
at
all
reasonable
times
for
the
purposes
of
conducting
inspections
and
evaluating
compliance
status.
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.
2.
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.
3.
The
Respondent
shall
cease
and
desist
from
future
violations
of
the
Act
and
Board
Regulations
that
were the
subject
matter
of
the
Complaint.
4.
Respondent
shall
inspect
on
a
monthly
basis
all
flow
and
disposal
pipelines
crossing
any ditch
or
creek
that
would
eventually
flow
to
a
“blue
line” as
shown
in
the
7.5
minute
11
series
topographic maps
printed
and
produced
by
the
United
States
Geological
Survey
(scale
1:24,000).
If any
of
the
flow
and
disposal
pipelines
are
found
to
be corroded,
have
otherwise
failed,
or
have
the
potential
to fail,
Respondent
shall
replace
the
pipeline
immediately,
5.
Respondent
shall
inspect
daily
the
oil
production
and
storage
facilities
and
salt
water
injection
facilities.
If any
of
the facilities
are
found
to
need
repair,
the
Respondent shall
repair
the
facilities
immediately.
E.
Supplemental
Environmental
Project
1.
In
order
to
promote
the
goals
of
the Act
to restore,
protect
and
enhance
the
quality
of the
environment,
the
Respondent
shall
perform
the
following
supplemental
environmental
project
(“SEP”).
The
monetary
value
of the
SEP
is
Twenty
Thousand
Dollars
($20,000.00). The
Parties
to the
Stipulation
agree
that
this
SEP
shall
consist
of a
donation
to
the
Illinois
Petroleum
Resources
Board.
2.
The
Defendant
shall
pay
the
amount
of Twenty
Thousand
Dollars
($20,000.00),
within
30 days
after
the
date
the Board
accepts
this
Stipulation,
to the
Illinois
Petroleum
Resources
Board
to
fund
cleanups
of
abandoned
oil
production
sites.
The
payment
shall
be
paid
by
certified
check
or money
order
made
payable
to
Illinois
Petroleum
Resources
Board.
The
certified
check
or
money
order
shall
be
sent
by
first
class
mail
to:
Charles
Williams,
Executive
Director
Illinois
Petroleum
Resources
Board
P.O.
Box
941
Mt.
Vernon,
IL 62864
Copies
of
the
check
and
the
transmittal
letter
shall
be
sent
to:
Thomas
Davis
12
Environmental
Bureau
Illinois Attorney
General’s
Office
500
South Second
Street
Springfield,
Illinois
62706
John
Waligore
Division
of Legal
Counsel
Illinois
Environmental
Protection
Agency
1021
North
Grand
Avenue
East
P.O.
Box
19276
Springfield,
IL
62794-9276
3.
By
signature
on
this
Stipulation,
the
Respondent
certifies that,
as
of
the
date
of
entry
of
this
Order,
it is
not
required
to
perform or
develop
the
foregoing
SEP
by
any
federal,
state
or
local
law
or
regulation,
nor
is
it
required
to
perform or
develop
the
SEP
by
agreement
or
injunctive
relief
in
any
other
case.
The
Respondent
further
certifies
that
it has
not
received,
and
is
not
presently
negotiating
to receive
credit
for,
the
SEP
in
any
other
enforcement
action.
4.
Any
public
statement,
oral
or written,
in
print,
film
or
other
media,
made
by
the
Respondent
making
reference
to any
SEP
shall
include
the
following
language:
“This
project
was
undertaken
in
connection
with
the
settlement
of
an enforcement
action
taken
by
the
Illinois
Attorney
General
and
the
Illinois
EPA
for
alleged
violations
of the
Illinois
Environmental
Protection
Act
and
regulations
promulgated
thereunder.”
F.
Release
from
Liability
In
consideration
of the
Respondent’s
payment
of the
$50,000.00
penalty,
the
$20,000
SEP
donation,
its
commitment
to
cease
and
desist as contained
in
Section
V.D.,
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
third
Amended
13
Complaint
herein
and
any violations
associate
with
incident
2008
0600.
The release
set
forth
above
does
not
extend
to
any
matters
other than
those
expressly
specified
in
Complainant’s
Complaint
filed on
December
1,2005
and
amended
on
November
15, 2007
and September
15,
2008.
The
Complainant
reserves,
and
this
Stipulation
is
without
prejudice
to,
all
rights
of
the
State
of
Illinois
against
the
Respondent
with
respect
to
all
other
matters,
including
but
not
limited
to,
the
following:
a.
criminal
liability;
b.
liability
for
future
violation
of
state,
federal,
local,
and
common
laws
and/or
regulations;
c.
liability
for
natural
resources
damage
arising
out of
the
alleged
violations;
and
d.
liability
or
claims
based
on
the
Respondent’s
failure
to
satisfy
the
requirements
of
this
Stipulation.
Nothing
in
this
Stipulation
is
intended
as
a
waiver,
discharge,
release,
or
covenant
not
to
sue
for
any
claim or
cause
of
action,
administrative
or
judicial,
civil
or
criminal,
past
or
fiTture,
in
law
or
in
equity,
which
the
State
of
Illinois
or
the
Illinois
EPA may
have
against
any
person,
as
defined
by
Section
3.3
15
of
the
Act,
415 ILCS
5/3.3
15,
or
entity
other
than
the
Respondent.
G.
Enforcement
of
Stipulation
1.
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.
14
H.
Execution
of
Stipulation
The
undersigned
representatives
for
the
Parties
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.
WHEREFORE,
the Parties
to
this
Stipulation
request
that the
Board
adopt
and
accept
the
foregoing
Stipulation
and
Proposal
for Settlement as
written.
PEOPLE
OF
THE
STATE
OF
ILLINOIS,
FOR
THE
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
LISA
MADIGAN
Attorney
General
State
of
Illinois
DOUGLAS
P.
SCOTT,
Director
Illinois
Environmental
Protection
Agency
MATTHEW
J.
DUI’ThJ,
Chief
Environmental
Enforcement!
Asbestos
Litigation
Division
BY:
BY:
THOMAS
DAVIS,
Chief
Environmental
Bureau
ief
Legal
Cou
Assistant
Attorney
General
DATE:
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DATE:
(0
BARGER
ENGINEERING,
INC.
BY:
DATE:
in.
2009
Name:
Matthew
S.
Stone
Title:
Vice
preien
15