RECE~VED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL
BOARD
JAN
15
200k
PEOPLE
OF THE STATE OF ILLINOIS,
)
STATE OF
ILLINOIS
)
Pollution
Control Board
Complainant,
)
)
vs.
)
PCB 98-80
)
(Tire Cost Recovery)
CRAIG LINTON,
an individual,
)
and
RANDY
ROWE,
an individual,
)
)
Respondents.
)
NOTICE OF FILING
TO:
SBE ATTACHED SERVICE LIST
PLEASE TAKE NOTICE THAT wehave today filed
Stipulation
and Proposal For
Settlement and Certificate Of Service, copies ofwhich are attached hereto and served upon you.
Respectfully submitted,
PEOPLE OF THE STATE OF
IILLINOIS
LISA MADIGAN,
Attorney General
State of Illinois
By:_________
Gerald T. Karr
Assistant AttorneyGeneral
188 West Randolph Street, 20th
Environmental Bureau
Chicago, Illinois
60601
(312) 814-3369
Dated: January
15,
2004
SERVICE
LIST
Bradley Halloran
Bearing Officer
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois
60601
Mr. Craig Linton
P.O. Box 84
Marseilles, Illinois 61341
Mr. Randy Rowe
2900 El Camino Avenue
Las Vegas, Nevada 89102
RECE
WED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOAFJ~AN
1
5
200k
STATE OF ILLINOIS
PEOPLE
OF THE STATE OF ILLINOIS,
)
Pollution Control Board
)
Complainant,
)
)
PCB 98-80
)
v.
)
(Enforcement)
)
CRAIG LJINTON,
an individual, and
)
RANDY ROWE, an individual,
)
)
Respondents.
)
STIPULATION
AND PROPOSAL
FOR SETTLEMENT
Complainant, PEOPLE OF
THE
STATE OF
ILLINOIS, by LISA MADIGAN, Attorney
General ofthe State ofIllinois, at the request ofthe Illinois Environmental Protection Agency, and
Respondents, CRAIG LINTON and RANDY ROWE, (hereinaflerreferred to as “Linton”, “Rowe”
or collectively as “Respondents”), do hereby agree to
this Stipulation and Proposal for Settlement.
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 full 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 partyhas entered into
this Stipulation, nor any ofthe
facts stipulated herein, shall be introduced into evidence in this or any other pro~eeding
except to
enforce the terms of this
agreement.
Notwithstanding the previous
sentence, this Stipulation and
Proposal for Settlement
and any Illinois
Pollution Control Board (ABoard”)
order accepting same
maybe used in any future enforcement action as evidence ofa past adjudication ofviolation ofthe
Illinois Environmental Protection Act (“Act”)for purposes ofSection 39(i) and 42(h) oftheAct, 415
ILCS
5/39(i), 5/42(h)(2002).
This agreement shall be null and void unless the Board approves and
1
disposes of this matter on each and every one oftheterms and conditions ofthe settlement set forth
herein,
I.
JURISDICTION
The Board hasjurisdiction ofthe subject matterherein and ofthe parties consenting hereto
pursuant to the Act, 415 ILCS 5/1 through
58.17
(2002).
IL
AUTHORIZATION
The undersigned representatives for each party certify that they are fully authorized by the
partywhom theyrepresentto
enterintothe terms and conditions ofthis Stipulation and Proposal for
Settlement and to legally bind them to it.
III.
APPLICABILITY
This
Stipulation
and
Proposal
for
Settlement
shall apply
to
and
be
binding upon
the
Complainant and Respondents including their successors, assigns, heirs, agents and executors.
The
Respondents shall not raise, as a defense to
any action to enforce this Stipulation and Proposal for
Settlement, the failure ofany ofits agents to take such action as shallbe required to~
comply with the
terms ofthis Stipulation
and Proposal for Settlement.
IV.
STATEMENT OF FACTS
A.
Parties
1.
The Attorney General of the State ofIllinois brings this action on her
ownmotion,
2
as well as at the request ofthe Illinois Environmental Protection Agency (“illinois EPA”), pursuant
to the statutory authority vested in him under Section 31 ofthe Act, 415 ILCS 5/31
(2002).
2.
TheIllinois EPAis an agencyofthe State ofillinois createdpursuant to Section 4 of
the Act, 415 ILCS
5/4 (2002), which is charged,
inter alia,
with the duty of enforcing the Act.
3.
Respondent Craig Linton is an individual withthe last known address of947 Clayton
Street, Marseilles, LaSalle County, Illinois 61341. Respondent Randy Rowe is an individual with
the last known address of340 Main Street, Marseilles, LaSalle County, Illinois 61341.
B.
Facility Description
The parcel ofland (the “Site”) that is
the subject ofthis
action is located just southwest of
the intersection ofIllinois Routes 6 and 71 in Ottawa, LaSalle County, Illinois. A legal description
of the Site is attached hereto as Exhibit A.
C.
Violations
The Complaint alleges the following violations ofthe Act, 415 ILCS
5/1
et seq.,
(1996), and
are outlined as follows:
VIOLATION OF TITLE XIV: USED TIRES:
Violation ofSection 55.3(g) of the Act, 415 ILCS 5/55.3(g) (1996).
1.
On November 21,
1995,
the Illinois EPA issued formal written notices pursuant to
Section
55.3(d)
ofthe Act, 415 ILCS
5/55.3(d)(1994),
to the Respondents (“Notice”), which stated
that
the used and
waste
tires posed
a threat
to
the environment because the
water. which
had
accumulated
in
them
provided
a
habitat
for disease-spreading
mosquitoes
and
other
nuisance
organisms.
TheseNotices required theRespondents to clean up the used and waste tires at the Site.
2.
OnDecember 27,
1995 Rowe was personally served with a copy ofthe Notice.
On
3
December 28,
1995, Linton was personally served with a copy ofthe Notice.
3.
The Respondents failed to remove the waste tires and clean up the used and waste
tires at the Site as requestedby the Illinois EPA in the Notices.
4.
The Illinois EPA’s tireremoval contractor conducted clean up work at the Sitefrom
March 4,
1996 to March 7, 1996, removing approximately six hundred tons ofused and waste tires.
5.
The Illinois EPAincurred costs in the amount of$46,215.01
in cleaningup the Site.
6.
On December 9,
1997
a complaint was filed seeking, pursuant to Section 55.3(g) of
the Act, 415 ILCS
55.3(g) (1996), to
recover the clean up
costs incurred by the Illinois EPA.
7.
.
The Illinois
EPA reviewed extensive
financial documentation
submitted
by
the
Respondents which demonstrates an inability to pay in full the State’s costs
of$46, 215.01.
V.
EXPLANATION OF PAST FAILURES TO
COMPLY
WITH
THE ACT
Respondents have asserted the lack offunds as their explanation for failure to
comply with
the Act.
VI.
FUTURE
PLANS OF COMPLIANCE
Respondents shall cease and desist from future violations ofthe Act and Board regulations,
including but not limited to those Sections ofthe Act and Board regulations
that were the subject
matterofthe complaint as outlined in Section IV.C. ofthis Stipulationand Proposal for Settlement.
VII.
IMPACT
ON THE PUBLIC RESULTING FROM NONCOMPLIANCE
4
Pursuant to Section
55.3(k)
ofthe Act, 415 ILCS
5/55.3(k)(2002),
Section 33(c) ofthe Act,
415 ILCS
5/33(c)(2002),
is not applicable to actions to recover costs incurred by the Illinois EPA
in conducting tire removals.
VIII.
CONSIDERATION OF SECTION 42(h) FACTORS
Section 42(h) of the Act, 415 ILCS
5/42(h)(2002), provides as follows:
Indeterminingthe appropriate civil penalty to be imposedunder.
.
.
this Section, the
Board is authorized to consider any matters ofrecord in mitigation oraggravatfonof
penalty...
This matter is an action to recover costs incurred by the Illinois EPA in conducting
a waste
and used tire clean up, no penalty is sought.
IX.
TERMS OF SETTLEMENT
1.
Respondents admit that they are liable for the costs incurred by the State ofIllinois
in conducting
the used/waste tire clean up pursuant to
Section 55.3
ofthe Act,
415
ILCS
5/55.3
(2002).
2.
Respondents
shall
pay
Illinois
EPA
past
costs
in
the
amount
of
six
thousand
($6,000.00) into the Used Tire Management Fund.
The payment
shall be made within thirty (30)
days of the date ofthe Board
Order.
The “Board Order” means the order in which the Pollution
ControlBoard adopts a final order approving this Stipulation and Proposal for Settlement.
Payment
shallbe madeby certified check ormoney order, payable to the Illinois Environmental Protection
Agency, for deposit into the Used Tire Management Fund, and shallbe sent by first
class mail
to:
5
Illinois Environmental Protection Agency
Fiscal Services
1021 North GrandAvenue East
P.O. Box
19276
Springfield, IL
62794-9276
3.
The Social Security number of both Respondents must be on the certified check or
money order.
For issues relating to the payment ofthe past costs, Respondents may be reached at
the following address:
Craig Linton
P.O. Box
84
Marseilles, Illinois 61341
Randy Rowe
2295 East
22nd
Street
Marseilles, Illinois 61341
x.
COMPLIANCE WITH OTHER LAWS AND REGULATIONS
This
Stipulation
and
Proposal
for
Settlement
in
no
way
affects
the
Respondents’
responsibility to comply with any federal, state or local regulations, including but not limited to the
Act and Board regulations.
XI.
RIGHT OF ENTRY
In addition to
any other authority, the Illinois EPA, its
employees
and representatives, and
the
Illinois
Attorney
General,
his
agents
and
representatives,
shall
have
right
of
entry
to
Respondents’ Site atall reasonable times, forthepurposes ofconducting inspections.
Inconducting
any inspection of Respondents’
Site, the Illinois
EPA, its employees
and representatives, and
the
AttorneyGeneral, his agents andrepresentatives, maytake anyphotographs or samples as theydeem
6
necessary in order to conduct their inspection.
XII
GRANT
OF LIEN
Tn consideration ofthe clean-up activities conducted by theIllinois EPA on the Respondent’s
Site
and the
fact that
the
Site will
be
enhanced in
excess
of the settlement
payment
received,
Respondents expressly grant oftheir own free will to the Illinois EPA and its
assigns a lien on the
Site in the amount of$40,215.01.
XIII.
RELEASE FROM LIABILITY
In consideration ofRespondents’
payment of
$6,000.00
in past
due Illinois
EPA
costs,
granting of the lien
in
the amount
of $40,215.01
and their commitment
to
refrain from
future
violations
of
the
Act
and
Board
regulations,
Complainant
releases,
waives
and
discharges
Respondents from any further liability or penalties for violations ofthe Act and regulations which
were
the subject
matter ofthe
complaint
herein,
upon the
completion
of all
activities required
hereunder and the payment ofall monies owed.
However, nothing in this Stipulation and Proposal
for Settlement shallbe construed as a waiverby Complainant oftheright to redress
violations which
were not the subject matter ofthis Complaint or obtain penalties with respect thereto.
7
WHEREFORE, Complainant
and Respondents request that the Board adopt and accept the
foregoing Stipulation and Proposal for Settlement as written.
AGREED:
FOR THE COMPLAINANT:
LISA N~I~
T
A~torncyGeneral of the
State of Illinois
MATTHEW J. DIJNN, Chief
Environmental
Eiiforcement/
Asbestos Litigation Division
FOR RESPONDENTS:
CRAIG LNTON
Dated:
RANDY ROWE
Dated:
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
By:a4~f~!~~
JJ~SF~H~.
SVO~DA
~hiefLe~al
Counsel
Dated:~?/
i/o 3
RO~
Environmental Bureau
Dated:~4~~
8
WHEREFORE, Complainant and Respondents request that the Board adopt and accept the
foregoing Stipulation and PropOsal for Settlement as written.
AGREED:
FOR THE COMPLAINANT:
LISA
IMN~ ~
Attornoy General ofthe
State of Illinois
MATTHEW J. DUNN, Chief
Environmental En~Eorcernent/
Asbestos Litigation Division.
RQSE’JE
Environmental Bureau
Dated:_____________________
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
FOR RESPONDENTS:
~L;
~
x~-~-/
CRAIG LII4TON
“
Dated:
/~
.~--
Q
3
RANDY ROWE
Dated:
A
‘Legal
Counsel
Dated:
3
8
WHEREFORE, Complainant and Respondents request that the Board adopt and accept the
foregoing Stipulation and Proposal for Settlement as written,
AGREED:
FOR THE .COMPLJ~JNANT:
LISA
~ni~e
1
Attornoy General ofthe
State ofIllinois
MATTHEW
1. DUNN, Chief
Environmental EnThrcement/
Asbestos
Litigation Division
FOR RESPONDENTS:
CRAIG LINTON
Dated:
~
.
RANDY ROWE
Dated:
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
By:C~~,
,S’~2v~
~
SVO~DA
thief
Legal Counsel
Dated:,
Environmental Bureau
Dated:
___________
8
CERTIFICATE OF SERVICE
I, GERALD
T. KARR, an Assistant Attorney General in this case, do certify that on this
15th day of January, 2004, I caused to be served by U.S. Mail the following documents upon the
persons listed on the attached Service List by depositing same in the U.S. Mail depository located
at 100
West Randolph Street, Chicago, Illinois,
in an envelope with sufficient postage prepaid.
1)
Notice of Filing
2) Stipulation and Proposal
For Settlement
Gerald T. Karr