CLERK
E
~
)
DEC 222004
STATE
OF ILJNOIS
OiI~t~~~
Control Board
OFFICE
OF THE ATTORNEY GENERAL
STATE OF ILLINOIS
Lisa Madigan
ATTORNEY GENERAL
December
17,
2004
~
~j)
The Honorable
Dorothy Gunn
Illinois Pollution
Control
Board
James
R.
Thompson Center,
Ste.
11-500
100 West
Randolph
Chicago,
Illinois 60601
Re:
People
v.
City of Cairo
Dear Clerk Gunn:
Enclosed
for
filing
please
find
the
original
and
ten
copies
of
a
NOTICE
OF
FILING,
COMPLAINT and APPEARANCE in regard to the above-captioned matter.
Please file the originals
and
return
file-stamped
copies of
the documents
to
our
office
in
the enclosed
self-addressed,
stamped
envelope.
Thank you
for your cooperation
and consideration.
Very truly yours,
Thomas
Davis
Environmental Bureau
500
South Second Street
Springfield,
Illinois
62706
(217)
782-9031
TD/pp
Enclosures
500 South Second Street,
Springfield, Illinois
62706
•
(217)
782-1090
•
TTY:
(217) 785-2771
•
Fax:
(217) 782-7046
100
West
Randolph Street, Chicago,
Illinois
60601
•
(312)
814-3000
•
YFY:
(312) 814-3374
•
Fax:
(312) 814-3806
1001
East Main. Carbondale.
Illinois
62901
•
(618)
529-640(1
•
TTY: (618)
529-6403
•
Fax:
(618) 529-6416
~ECE~vr~D
CLERK’S OFRCE
BEFORE
THE
ILLINOIS POLLUTION
CONTROL BOARD
DEC
22
2004
PEOPLE OF THE STATE OF
)
STATE OF
ILLiNOIS
ILLINOIS,
)
Pollution
Control Board
Complainant,
—1
vs.
)
PCB No.
1Y~
)
(Enforcement)
CITYOF
CAIRO,
)
Respondent.
NOTICE
OF FILING
To:
City of Cairo
do McArthur Allen
Allen
Law Office
122
First Street
Mounds,
IL 62964
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
COMPLAINT,
a
copy
of which
is attached
hereto
and
herewith
served
upon
you.
Failure to
file an
answer to this Complaint within
60
days may
have
severe
consequences.
Failure
to
answer will
mean
that all
allegations
in
this Complaint will
be
taken
as
if
admitted
for
purposes
of
this
proceeding.
If
you
have
any
questions
about
this
procedure,
you should
contact the hearing
officer assigned to this
proceeding, the Clerk’s Office
or an
attorney.
1
FURTHER,
please
take
notice
that
financing
may
be
available,
through
the
Illinois
Environmental Facilities
Financing Act,
20
ILCS 3515/1
(2002), to
correct the pollution alleged
in
the Complaint filed
in this case.
Respecifully 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:_________________________
THOMAS
DAVIS
Assistant Attorney General
Environmental Bureau
500
South Second Street
Springfield,
Illinois 62706
217/782-9031
Dated:
December 17, 2004
2
-
-
CERTIFICATE OF SERVICE
I
hereby certify that
I
did
on
December 17, 2004,
send by certified 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,
ENTRY OF APPEARANCE and
COMPLAI NT:
To:
City of Cairo
do McArthur Allen
Allen Law Office
122
First Street
Mounds,
IL 62964
and the original
and ten copies by
First Class
Mail with
postage thereon fully prepaid of the
same foregoing
instrument(s):
To:
Dorothy Gunn,
Clerk
Illinois Pollution
Control Board
James
R.
Thompson Center
Suite
11-500
100 West
Randolph
-
Chicago,
Illinois
60601
Thomas
Davis
Assistant Attorney General
This filing is submitted
on
recycled paper.
BEFORE THE
ILLINOIS POLLUTION
CONTROL
BOARD
~
~
~
CLERK’S
OF~(~
PEOPLE OF THE STATE OF
)
DEC
222004
ILLINOIS,
.
STATE OF ILLh~)0IS
Pollution Control
Board
Complainant,
vs.
-
-
)
No.
)
CITYOF CAIRO,
)
)
Respondent.
ENTRY OFAPPEARANCE
On behalf of the Complainant, PEOPLE OFTHESTATE OF ILLINOIS,THOMAS DAVIS,
Assistant Attorney General
of the
State
of
Illinois,
hereby enters
his
appearance
as attorney of
record.
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
Environmental
Bureau
Assistant Attorney General
500 South
Second Street
Springfield, Illinois
62706
217/782-9031
Dated:
December
17, 2004
D
CLERK’5 OFPr~
BEFORE
THE
ILLINOIS POLLUTION CONTROL BOARD
ALEXANDER COUNTY, ILLINOIS
-
DEC
22
2004
STATE OF ILLh’iOiS
PEOPLE
OF THE
STATE
OF ILLINOIS,
)
Pollution Control Board
~
~
LISA
MADIGAN,
Attorney
)
General ofthe State ofIllinois,
)
)
-
Complainant,
-)
-
)
)
PCBo5-~t
-
)
(Enforcement-Tire Cost Recovery)
-
-
-
CITY
OF
CAIRO,
)
)
Respondent.
)
COMPLAINT
The PEOPLE
OF THE STATE OF ILLINOIS,
ex rel.
LISA MADIGAN, Attorney General
ofthe State ofIllinois, on her own motion and at the request ofthe ILLINOIS
ENVIRONMENTAL PROTECTION AGENcY, complains ofthe Respondent, CITY OF CKIRO,
as follows:
-
COUNT I
COST
RECOVERY:
SECOND AND
OHIO SITE
1.
This Complaint is brought on behalfofthe People ofthe State ofIllinois,
exrel.
Lisa Madigan, the Attorney General of the State ofIllinois, on her own motion and atthe
request ofthe Illinois Environmental Protection Agency (“Illinois EPA”), pursuant to Section
55.3 ofthe Illinois Environmental Act (“Act”),
415
ILCS 5/55.3
(2002).
2.
The Illinois EPA is an agency ofthe State of Illinois created by the Illinois
General Assembly in Section 4 ofthe Act,
415
ILCS 5/4
(2002),
and which is charged,
inter alia,
withthe duty ofenforcing the Act.
3.
The City ofCairo (“Cairo”)
is an Illinois municipal corporation.
The City owns
property located at Second and Ohio Streets in Cairo, Alexander County, Illinois.
1
4.
Section 55.3 ofthe Act,
415
ILCS 5/55.3
(2002),
provides in pertinent part as
follows:
b.
Upon making a finding that an accumulation ofused or waste tires
creates a hazard posing a threat to public health or the environment, the
Agency may undertake preventative orcorrective action in accordance
with this subsection.
Such preventative or corrective action may consist
ofany or all ofthe following:
3.
Removal ofused and waste tire accumulations from the area.
d.
The Agency shall have authority to provide notice to the owner or
operator, or both, ofa site where used orwaste tires are located, and to
the owner or operator, or both, ofthe accumulation ofthe tires at the site,
wheneverthe Agency finds that the used or waste tires pose a threat to
public health or the environment
* *
*
The notice provided by the Agency shall include the identified
-
preventative or corrective action, and shall provide an opportunity for the
-
owner or operator, or both, to perform such action
e.
In accordance with constitutional limitations, theAgency shall have
authority to enter at all reasonable times upon any private or public
property for the purpose oftaking whatever preventive or corrective
action is necessary and appropriate in accordance with the provisions of
this
Section, including-but not limited-to removal, processing or
treatment ofused orwaste tires, wheneverthe Agency finds that used or
waste tires pose a threat to public health or the environment.
***
g.
Except as otherwise provided in this Section, the owner or operat,or of any
site or accumulation ofused orwaste tires at which theAgency has
undertaken corrective or preventative action under this Section shallbe
liable for all costs thereofincurred by the State ofIllinois, including
reasonable costs ofcollection.
Any monies received by the Agency
hereunder shall be deposited into the Used Tire Management Fund.
h.
Any person liableto the Agency for costs incurred under subsection (g) of
this Section maybe liable to the State of Illinois for punitive damages in
2
-
an amount atleast equal to, and not more than
2
times, the costs incurred
by the State if such person failed without sufficient cause to take
preventative or corrective action pursuant to notice issued under
subsection (d) ofthis Section.
5.
Prior to June
24,
1999,
John Stephenson accumulated more than
4,000
used and
waste tires in and arOund a warehouse located at i6w. Commercial Avenue in Cairo, Alexander
County, Illinois.
This site was not registered as a tire storage facility.
The site was not secured
from public access and was located near a school, a church, and a day care facility.
Upon
learning ofthe site, the Illinois
EPAinitiated enforcement efforts and sent a referral to the
Attorney General.
OnAugust 4,
1999,
the Attorney General filed a complaint and thereafter
obtained preliminary injunctive relief prohibiting Mr.
Stephenson from accumulating any more
waste or used tires at the site.
On December
20,
1999,
the Attorney General obtained a default
judgment against Mr.
Stephenson which directed himto bring the site into compliance with the
Act
and regulations by January19,
2000.
Lr
6.
In early January
2000,
the Citydeclared the site to be a threat to public health
and safetyand began moving tires from the site to a second location utilized by Mr.
Stephenson
to store used and waste tires which was also the subject ofthe Attorney General’s complaint
and’
the default judgment.
The Illinois EPA notified the City that it lacked the authorization to do
this.
The Citythen transferred the remaining tires to its Second and Ohio Street property where
they were commingled with tires generated or accumulated as a result ofother City activities.
7.
On April
25,
2000,
the Illinois EPA issued Mr.
Stephenson and the City a notice
(attached hereto as Exhibit A) pursuant to Section 55.3(d) ofthe Act,
415
ILCS 5/ 55.3(d),
directing the City and Mr.
Stephenson to remove the waste and used tires accumulated at the
2nd and Ohio Street property.
Neither party removed the tires pursuant tothe notice.
3
8.
On July
31,
2000,
one ofthe Illinois
EPA’s tire removal contractor commenced
the removal of the tires atthe 2nd and Ohio Street property.
The workwas completed in early
August,
2000.
Approximately
191.17
tons
ofwaste and used tires removed and properly
disposed of at a cost of
$35,170.75.
-
9.
On May
17, 2002,
the Illinois EPA sent a demand, (attached hereto as Exhibit B)
requesting reimbursement ofthe removal costs.
The City responded by letterbut did not
provide the requested r~imbursement.
10.
The City failed without sufficient cause to perform the preventative or corrective
action required under the Illinois
EPA’s Section 55.3(d) notice.
ii.
Pursuant to Section
55.3(g) oftheAct,
415
ILCS 5/55.3(g)
(2002),
the City is
liable to the State ofIllinois forthe sum of
$35,170.75
for the actual costs ofthe tire removal.
PRAYER
FOR
RELIEF
WHEREFORE, Complainant, the People ofthe State ofIllinois, respectfully requests
that the Board:
(A)
Set a hearing in this matter not less than twenty-one
(21)
days from the date of
service ofthis Complaint at which the Respondent, City ofCairo, be required to answer all ofthe
allegations
herein;
--.--.
(B)
After due consideration ofall statements, testimony, evidence, and arguments
-
that shall be submitted at said hearing or upon default by the Respondent, issue a final order
finding that the Respondent failed without sufficient cause to take preventative or corrective
action pursuant to the Illinois
EPA notice issued under Section 55.3(d) ofthe Act,
415
ILCS
5/55.3(d)
(2002),
and direct the Respondent to pay $35,
170.75
to the Used Tire Management
Fund as actual cleanup costs expended by the State and punitive damages of
$70,341.50
to the
Used Tire Management Fund;
4
(C)
After due consideration ofall statements, testimony, evidence, and arguments
-
-
that shall be submitted at said hearing or upon default by the Respondent, issue
a final order
directing the Respondent to cease and desist from further violations ofthe Act and its
regulations;
(D)
Pursuant to Section 55.3(g) ofthe Act,
415
ILCS 5/55.3(g)
(2002),
award to
Complainant its costs and reasonable attorney’s fees; and
(E)
Grant such other and further relief as this Board may deem appropriate.
COUNT
II
COST
RECOVERY:
MAINTENANCE GARAGE
SITE
1.
This Complaintis brought on behalfofthe People of the State of Illinois,
ex reL
Lisa Madigan, the Attorney General ofthe State of Illinois, on her own motion and at the
request ofthe Illinois Environmental Protection Agency (“Illinois EPA”), pursuant to Section
55
3 of the Illinois Environmental Act (“Act”),
415
ILCS 5/55 3
(2002)
2.
The Illinois EPA is an agency ofthe State ofIllinois created by the Illinois
General Assembly in Section 4 ofthe Act,
415
ILCS
~
(2002),
and which is charged,
inter alia,
with the duty ofenforcing the Act.
The City of Cairo (“Cairo”) is an Illinois municipal corporation.
The City owns
property located at
105
Sixth Streetin Cairo, Alexander County, Illinois, and operates a
maintenance garage there.
4.
Section 55.3 ofthe Act,
415
ILCS
~
(2002),
provides in pertinent part as
follows:
b.
Upon making a finding that an accumulation ofused or waste tires
creates a hazard posing a threat to public health or the environment, the
Agency may undertake preventative or corrective action in accordance
with this subsection.
Such preventative or corrective action may consist
of any or all of the following:
***
5
3.
Removal ofused and waste tire accumulations from the area.
d.
The Agency shall have authority to provide notice to the owner or
operator, or both, ofa site where used orwaste tires are located, and to
the owner or operator, or both, of the accumulation ofthe tires at the site,
whenever the Agency finds that the used or waste tires pose a threat to
public health or the environment
* *
*
The notice provided by theAgency shall include the identified
preventative or corrective action, and shall provide an opportunity for the
owner or operator, or both, to perform such action.
e.
In accordance with constitutional limitations, the Agency shall have
authority to enter at all reasonable times upon any private or public
property forthe purpose oftaking whatever preventive or corrective
action is necessary and appropriate in accordance with the provisions of
this Section, including but not limited to removal, processing or
treatment ofused or waste tires, whenever the Agency finds that used or
waste tires pose a threat to public health or the environment.
g.
Except as otherwise provided in this Section, the owner or operator ofany
site or accumulation ofused orwaste tires at which theAgency has
undertaken corrective or preventative action under this Section shall be
liable for all costs thereofincurred by the State ofIllinois, including
reasonable costs ofcollection.
Any monies received by theAgency
hereunder shall be deposited into the Used Tire Management Fund.
h.
Any person liable to the Agency for costs incurred under subsection (g) of
this Section may be liable to the State of Illinois for punitive damages in
an amount atleast equal to, and not more than
2
times, the costs incurred
by the State if such person failed without sufficient cause to take
preventative or corrective action pursuant to notice issued under
subsection (d) ofthis Section.
Prior to June
24,
1999,
John Stephenson accumulated more than
4,000
used and
waste tires in and around a warehouse located at i6w. Commercial Avenue in Cairo, Alexander
County, Illinois.
This site was not registered as a tire storage facility.
The site was not scured
6
from public access and was located near a school, a church, and a day care facility.
Upon
learning ofthe site, the Illinois EPAinitiated enforcement efforts and sent a referralto the
Attorney General.
On August 4,
1999,
the Attorney General filed a complaint and thereafter
obtained preliminaryinjunctive relief prohibiting Mr.
Stephenson from accumulating any more
waste or used tires at the site.
On December
20,
1999,
the Attorney General obtained a default
judgment against Mr.
Stephenson which directed him to bring the site into compliance with the
Act and regulations by January
19, 2000.
6.
In early January
2000,
the City declared the site to be a threat to public health
and safety and began moving tires from the site to a second location utilized by Mr.
Stephenson
to store used and waste tires which was also the subject ofthe Attorney General’s complaint and
the default judgment.
The Illinois EPAnotified the City that itlacked the authorization to do
this.
The City then transferred some ofthe remaining tires to its maintenance garage property
where theywere commingled with tires generated or accumulated as a result ofother City
-
-
-
activities.
-
7.
OnApril
27, 2000,
the Illinois EPAissued Mr.
Stephenson and the City a notice
(attached hereto as Exhibit
C) pursuant to Section 55.3(d) ofthe Act,
415
ILCS 5/55.3(d),
directing the
City and Mr.
Stephenson to remove the waste and used tires accumulated at the
maintenance garage property.
Neither party removed the tires pursuant to the notice.
8.
In July of
2000,
one ofthe Illinois
EPA’s tire removal contractor commenced the
removal ofthe tires at the maintenance garage property.
Thework was completedlater that
month.
Approximately 75 tons ofwaste and used tires removed and properlydisposed ofat a
cost of ~
9.
On May
17, 2002,
the Illinois EPAsent a demand, (attached hereto as Exhibit D)
requesting reimbursement ofthe removal costs.
The City responded by letter but did not
provide the requested reimbursement.
7
10.
The City failed without sufficient cause to perform the preventative or corrective
action required under the Illinois
EPA’s Section 55.3(d) notice.
ii.
Pursuant to Section 55.3(g) ofthe Act,
415
ILCS 5/55.3(g)
(2002),
the City is
liable to the State ofIllinois forthe sum of
$14,970.50
for the actual costs ofthe tire removal.
PRAYER
FOR RELIEF
WHEREFORE, Complainant, the People ofthe State ofIllinois,
respectfully requests
thatthe Board:
(A)
Set a hearing in this matter not less than twenty-one
(21)
days from the dateof
service ofthis Complaint at which the Respondent,
City ofCairo, be required to answer all- of the
allegations herein;
(B)
After due consideration of all statements, testimony,
evidence, and arguments
that shall be submitted at said hearing or upon default by the Respondent, issue a final order
finding that the Respondent failed without sufficient cause to take preventative or corrective
action pursuant to the Illinois EPA notice issued under Section 55.3(d) ofthe Act,
415
ILCS
5/55.3(d)
(2002),
and direct the Respondent to pay $35,
170.75
to the Used Tire Management
Fund as actual cleanup costs expended by the State and punitive damages of
$70,341.50
to the
Used Tire Management Fund;
-
(C)
After due consideration ofall statements, testimony, evidence, and arguments
that shall be submitted at said hearing or upon default by the Respondent, issue a final order
directing the Respondent to cease and desist from further violations ofthe Act and its
-
regulations;
(D)
Pursuant to Section 55.3(g) ofthe Act,
415
ILCS 5/55.3(g)
(2002),
award to
Complainant its costs and reasonable attorney’s fees; and
-
8
(E)
Grant such other and further relief as this Board may deem appropriate.
-
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS,
-
ex rel.
LISA MADIGAN,
Attorney General
-
-
of the State ofIllinois,
-
MAYI’HEW J. DUNN, Chief
Environmental Enforcement/Asbestos
-
Litigation Division
BY:__________________
THOMAS DAVIS
Assistant Attorney General
Environmental Bureau
Attorney Reg. No.
3124200
500
South Second Street
Springfield, Illinois
62706
217/782-7968
/
Dated:____________
9
ILLINOIS ENVIRONMENTALPROTECTIONAGENCY
IN THEMATTER OF:
-
)
0030055041
-
-
Alexander County
-
)
Cairo / 2nd &Ohio
JOHN STEPHENSON,
)
Compliance
File
an individual,
)
&
THE
CITY
OFCAIRO, ILLINOIS,
)
a municipal corporation.
NOTICE PURSUANTTO SECTION 55.3(d) OF THE
ENVIRONMENTAL PROTECTIONACT
I. GENERAL
This
notice
is
issued
pursuant
to
the
authority
vested
in
the
Illinois
Environmental
Protection
Agency (“Illinois EPA”) by Section 55.3(d) of the Environmental Protection Act (“Act”), 415 ILCS
5/55.3(d)(2000).
-
-
John
Stephenson
and the City of Cairo,
Illinois (the “parties”) shall undertake all
actions required
by the terms and conditions of this Notice.
Failure by the parties to undertake such actions may
result in sanctions, including but not limited to the sanctions described
in
Section XIII.
II. STATEMENTOF PURPOSE
The objectives of the Illinois EPAare to undertake appropriate preventive or corrective actions to
prevent or mitigate any hazard to public health or the environment from used orwaste tires at the
Cairo
I
2nd
& Ohio site (“site”).
Activities conducted pursuant to the Notice are subject to approval
by the Illinois EPA.
Ill. FINDINGS OF FACT
The following constitutes
an outline of the facts
upon which this Notice is based:
A.
The parties have caused or allowed the open dumping and disposal ofused and/or waste
tires at a site located at the southeast corner of the intersection of 2nd Street & Ohio
Street, Cairo, AlexanderCounty, Illinois. The site has been assigned IllinoisEPA Site No.
0030055041.
The dump area is estimated to contain
in excess of 15,000 used and/or
waste tires.
B.
The Illinois EPA finds that the disposal of used and/or waste tires poses a threat to the
environment.
____________________
~IBIfl
IV. CONCLUSIONS OF
LAW
A.
The site described
in Section
III
is a site at which
used
and/or waste tires are located.
B.
John
Stephenson is a “person”
as defined
in Section 3.26
of the Act.
C.
The City of Cairo,
Illinois,
a municipal corporation,
is a “person” as defined
in Section
3.26
of the Act.
-
C.
John
Stephenson
and
the
City
of
Cairo,
Illinois,
a
municipal
corporation,
are
persons
which may be liable
pursuant to
Section
55.3(g)
and
(h) of the Act.
V.
DETERMINATIONS
Based
upon
the
Findings
of Fact
and
Conclusions
of
Law
set
forth
in
Sections
III
and
IV,
the
Illinois
EPA has determined that:
.
A.
The accumulation
of used
and/or waste tires at the site presents
a threat to
public
health
or the environment.
-
B.
The actions required
by this Notice are
necessary to
prevent or mitigate a threat to public
health or the environment.
VI.
IDENTIFIED RESPONSE ACTION
A.
Within
30 days
of receipt of this
Notice,
the parties shall submit a
plan
to the
Illinois
EPA
for the
removal
of all
used
and/or waste
tires from
the site
and
shall immediately
cease
causing or allowing
all
open dumping
on the
site.
This cleanup plan shall be
submitted
to
the Manager,
Used
Tire
Unit,
Bureau
of
Land,
Illinois
EPA,
1021
North
Grand
Avenue
East,
Post Office
Box 19276,
Springfield,
Illinois 62794-9276.
B.
The
parties
shall
make
available
all
business
records,
receipts,
and
other
pertinent
information
regarding the cleanup of the site.
VII.
RESERVATION
OF RIGHTS
Notwithstanding compliance with the terms of this
Notice, including the completion of the work set
forth
in
Section
VI, the parties
are
not released from
liability,
if any, for any
actions
beyond
the
terms
of this
Notice taken
by the Illinois
EPA with
respect
to
the
site.
The
Illinois EPA
reserves
the
right
to
take
any
enforcement
action
pursuant
to
the Act or any
available
legal
authority,
including
the
right to
seek
injunctive
relief,
monetary
penalties,
and
punitive
damages
for
any
violation of law or this
Notice.
2
/-~
The IllinoisEPAexpressly reserves all rights that itmayhave, including the-IlUnoisEPA’sti~$~both
to disapprove
ef workpe~orn~ed-~y±hep~rties
and to request that they perform t~sks
4r1 addition-
to
those
provided
in
this
Notice.
In
the event the~5aThe’~-deti1Tie
To~p~erf6i~n
any
additional or
modified tasks, the Illinois
EPA will
have the right-to
undertake-anysuch~work:
Inaddition, the Illinois EPA reserves the right to undertake removal actions or remedial actions at
any
time.
-
VIII.
ABATEMENTOFENDANGERMENT
In
the eve-nt that the
Director of the
Illinois
EPA determines that any
activities
implementing
the
preventive or corrective
action
or any
other
circumstances or activities
create
an
imminent
or
substantial endangerment to the health and welfare of the people on the site or in the surrounding
area or to the environment, the Director may issue a notice to cease further implementation of the
action for such
period
of time
as needed to
abate the endangerment.
IX.
OTHER
CLAIMS
Nothing in this Notice shall constitute
or be construed as
a release from any claim, cause of action
or demand in
law or equity against any person,
firm,
partnership,
or corporation for any liability
it
may have arising
out of or relating
in any way to the storage or disposal
of used or waste tires at
the site.
X.
OTHERAPPLICABLE
LAWS
All actions required to be taken pursuant to this Notice
shall be undertaken
in
accordance with the
requirements of all applicable local, state
and federal laws and
regulations.
Xl.
EFFECTIVE
DATE AND SUBSEQUENT MODIFICATION
This Notice may
be amended
by the Illinois
EPA.
Such amendments shall be in
writing and shall
become effective
upon the date
on which the amendments
are
signed by
the Illinois EPA.
-Any reports,
plans,
specifications,
schedules,
and
attachments
required
by this
Notice
are,
upon
approval
by the Illinois EPA,
incorporated into this
Notice.
Any non-compliance with
such Illinois
EPA
approved
reports, plans,
specifications, schedules,
and
attachments shall
be
considered
a
failure to perform
the requirements
of this Notice.
-
No
informal
advice,
guidance,
suggestions,
or comments
by the
Illinois
EPA
regarding
reports,
plans,
specifications, schedules,
and
any other writing submitted
by the parties will be construed
as relieving
them of their obligation
to
obtain such
formal
approval
as
may
be
required
by
this
Notice.
3
-
XII. PARTIES BOUND
This
Notice
shall
apply
to
and
be
binding
upon
the
parties,
their agents, successors,
and
assignees
and
upon
all
persons,
contractors,
and
consultants acting
under or
on
behalf of the
parties.
No change in ownership or corporate or partnership status
relating to the site will
in any way alter
the status
of the parties or in
any way alter their responsibility under this
Notice.
The
parties will
be responsible for
carrying out
all
activities
required
pursuant to this Notice.
XIII.
FAILURE TO COMPLY WITH THIS
NOTICE
Pursuant
to
Section
55.3(g)
of
the
Act,
415
ILCS
5/55.3(g),
the
owner
or
operator
of
any
accumulation of used or waste tires at which the Illinois EPA has
taken action under Section 55.3
of the Act,
415
ILCS 5/55.3, shall
be
liable for
all
costs thereof incurred
by the State of
Illinois,
including
reasonable
costs
of collection.
Pursuant to Section 55.3(h) of theAct, 415 ILCS 5/55.3(h), if a person fails without sufficient cause
to
take preventive
or corrective
action
in
accordance
with
this Notice,
such
failure
may
subject
such
person to
liability to the State of Illinois for punitive
damages in
an amount at least equal to,
and
not more than two times,
the amount
of any
costs
incurred
by the State
as
a result of such
failure.
The punitive
damages shall be
in
addition to
any costs
recovered from
the liable
person
pursuant to
Section
55.3(g)
of the Act,
and
in
addition
to
any
other penalty
or relief provided
by
the Act
or any other law.
XIV.
TERMINATION AND SATISFACTION
The provisions of this
Notice shall
be deemed satisfied
upon the parties
receipt of written
notice
from the Illinois
EPA that they have demonstrated to the satisfaction of the Illinois EPA, that all of
the terms of this Notice,
including
any additional tasks which the Illinois
EPA has
determined to
be
necessary,
have been
completed.
-
-
-
By:
t’~t~’~—
DATE:
4/~,IO1
Thomas V.
Skinner,
Director
Illinois
EPA
4
STATEOFILLINOI5
--
SS
COUNTY OF SANGAMON
PROOF OF SERVICE
I,
the
undersigned,
on
oath,
state
that
I
have
served
the
attached
Notice
Pursuant
to
Section
55.3(d)
of the
Environmental
Protection Act
upon the
persons
or entities
to whom
it
is
directed,
by delivering
a copy to:
John
Stephenson
City of Cairo
Post Office Box 386
Attention:
Mayor James
E.
Wilson
Barlow, Kentucky 42024
Post
Office Box 393
Cairo,
Illinois 62914
and
sending
it
by
Certified
Mail,
return
receipt
requested,
from
Springfield,
Illinois
on
( (~)~
/
~3.
‘7
,
2000
with sufficient postage affixed.
I
ROBE~’1.SCHERSCHLIGT
Assistant Counsel
-
Division
of Legal Counsel
SUBSCRIBED AND SWORN TO BEFORE
ME
this
~
T~i~
dayof(~J2L/,1-99~~.c’~C
CYAL
WOLFE
-
:~.NOTARY
PUBLIC,
STATE
OF
ILLINOIS
~‘.
-
MY
COMMISSION
EXPIRES
3.30-2003
/1
-
‘~‘~
-
/
~
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..........~:
-
L~1
~
\~7”)
7(~//
/
“S
-‘,/
Notary Public
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
1021
NORTH
GRAND AVENUE E,~sr,
P.O.
Box 19276,
SPRINGFIELD,
ILLINOIS
62794-9275
-
RENEE
CIPRIANO,
DIRECTOR
217/782-5544
-
TDD 217/782-9143
May
17,
2002
CERTIFIED MAIL—
RETURN RECET1PT REQUESTED
7000
0520
0012
5645
5963
Honorable James E. Wilson
Mayor
-
City of Cairo
P.O.
Box 393
Cairo, Illinois 62914-0393
Re:
Corrective Action Reimbursement Demand Letter
-
-
0030055041
—
Alexander County
-
-
Cairo / City ofCairo
(2nd
and Ohio)
Compliance File
Dear Mayor Wilson:
This
letter
is
in
reference
to
corrective
action
taken
by
the
Illinois
Environmental
Protection
Agency (“Illinois
EPA”) at the above-referenced site involving the removal of
used or waste
tires.
Pursuant to
an April
25,
2000
notice given to
the City under Section
55.3(d)
of the Illinois Environmental Protection Act (“Act”) (415 ILCS
5/55.3(d)) and the
corrective action authority of Section
55.3(e)
of the Act (415 ILCS
5/55.3(e)),
the Illinois
-
--
EPA removed approximately 192 tons ofus~d
or waste tires
from the site during July and
August, 2000.
-
Pursuant to Section
55.3(g) ofthe Act (415 ILCS
5/55.3(g)),
you are liable
to the Illinois
EPA for all
reasonable
costs
incurred in performing the corrective
action.
In addition,
you
are liable under
Section
5
5.3(h)
for additional
punitive
damages of up
to-
two
times
the amount
of costs incurred by
the
State
of Illinois
in performing the corrective
action
under Section
55.3(e)
ofthe Act (415 ILCS
5/55.3(e,
h)).
The
Illinois
EPA
incurred
costs
in
the
amount
of $35,170.75
in
connection
with
the
corrective action
at this
site.
You are the owner of this
site, and demand is
hereby made
upon you for $35,170.75.
If the Illinois
EPA does not receive this
sum within thirty (30)
days of the
receipt
of this
letter,
the
Illinois
EPA
will
refer
this
matter
to
the Illinois
Attorney
General’s
Office
for the filing
of a
formal
complaint.
Such
a
complaint
will
seek cost recovery, punitive damages, and the statutory maximum penalty allowed by law
GEORGE
H.
RYAN,
GOVERNOR
PRINTED ON
RECYCLED
PAPER
3
EXHIBIT
h
Th~-r~t
Honorable James E.
Wilson
Page 2
as well
as
attorney’s fees
and
court
costs.
The right
to
seek injunctive
relief,
additional
penalties, corrective action
costs,
attorney’s fees
andlor court
costs
is expressly reserved
by the Illinois
EPA.
A certified check or money order payable
to
the “Environmental Protection Agency, for
deposit
in
the
Used
Tire
Management
Fund”
should
be
sent
to
the
following
address
within thirty (30) days ofthe receipt ofthis
letter:
Illinois Environmental Protection Agency
Fiscal Services Section
-
-
1021
North Grand Avenue East
P.O. Box
19276
Springfield, Illinois
62794-9276
The certified check or money order should indicate your name, social security number or
federal employer’s identification number, and the Illinois EPA site number 0030055041.
If you have
any questions contact Assistant
Counsel
Greg Richardson of the Division of
Legal Counsel at 217/782-5544.
Thank you for your attention to
this matter.
(1~r~r4~
E.Svoboda
-
-
ief Legal Counsel
Division
ofLegal Counsel
cc:
James A. Flummer,
City Attorney, P.O. Box 588, 3305
Sycamore Street, Cairo,
Illinois 62914
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY
IN THE MATTER
OF:
)
-
0030055030
- -
Alexander County-
)
Cairo / City of Cairo Maintenance Garage
JOHN STEPHENSON,
)
Compliance
File
an
individual,
)
-
&
THE
CITY OF CAIRO,
ILLINOIS,
)
-
a
municipal corporation.
)
NOTICE PURSUANT TO SECTION 55.3(d) OF THE
ENVIRONMENTALPROTECTIONACT
I. GENERAL
-
This
notice
is
issued
pursuant
to
the
authority
vested
in
the
Illinois
Environmental
Protection
Agency (“Illinois
EPA”)
by
Section
55.3(d)
of the Environmental Protection Act (“Act”),
415
ILCS
5/55.3(d)(2000).
John Stephenson and the City of Cairo,
Illinois
(the “parties”) shall undertake all
actions required
by the terms and
conditions of this
Notice.
Failure
by
the parties to
undertake such
actions may
result
in sanctions,
including
but not limited to the sanctions described
in Section XIII.
II.
STATEMENT OF PURPOSE
--
The objectives of the Illinois
EPA are to undertake appropriate preventive or corrective actions to
prevent or mitigate any hazard to
public health or the environment from used or waste tires at the
Cairo
I
City of Cairo Maintenance Garage site (“site”).
Activities conducted pursuant to the
Notice
are subject to
approval by the Illinois
EPA.
-
III.
FINDINGS OF FACT
The following constitutes
an outline
of the facts upon which this
Notice
is based:
A.
The parties have caused or allowed the open dumping and
disposal of used
and/or waste
tires at a site located
at 105 6th Street, Cairo, AlexanderCounty,
Illinois.
The site
has
been assigned
Illinois EPA Site No.
0030055030.
The dump area is estimated
to contain
in excess of 3,000 used and/or waste tires.
B.
The Illinois EPA finds that the disposal of used and/or waste tires poses a threat to the
environment.
-
IV. CONCLUSIONS OF LAW
A.
The site described
in Section
III
is a
site at which used
and/or waste tires are located.
B.
John
Stephenson is a “person” as defined in
Section 3.26
of the Act.
C.
The City of Cairo,
Illinois, a municipal corporation,
is a “person” as defined in Section 3.26
of the Act.
C.
John
Stephenson
and
the City
of
Cairo,
Illinois,
a
municipal
corporation,
are
persons
which
may be
liable
pursuant to
Section
55.3(g)
and (h) of the Act.
V. DETERMINATIONS
Based
upon
the
Findings
of
Fact
and
Conclusions
of
Law set
forth
in
Sections
III
and
IV,
the
Illinois EPA
has determined that:
-
A.
The accumulation of used
and/or waste
tires at the site presents
a threat to public
health
or the environment.
B.
The actions
required by this Notice
are
necessary to prevent or mitigate a threat to public
health or the environment.
-
VI. IDENTIFIED RESPONSE ACTION
A.
Within 30 days of
receipt of this
Notice,
the parties
shall submit
a plan
to the
Illinois
EPA
for the removal
of all
used
and/or waste tires from
the site
and
shall immediately
cease
causing
or allowing
all open dumping on the
site.
This cleanup plan
shall
be submitted
to
the
Manager,
Used
Tire
Unit,
Bureau
of
Land,
Illinois
EPA,
1021
North
Grand -Avenue
-
-
--
East, Post Office Box 19276, Springfield, Illinois 62794-9276.
B.
The
parties
shall
make
available
all
business
records,
receipts,
and
other
pertinent
information regarding the cleanup
of the
site.
VII.
RESERVATION OF RIGHTS
Notwithstanding compliance with theterms ofthis Notice, includingthe completion of the workset
forth
in
Section
VI,
the
parties
are
not released
from
liability,
if any, for any
actions beyond the
terms of this Notice taken
by the Illinois
EPA with respect
to the
site.
The Illinois
EPA reserves
the right
to
take
any
enforcement
action
pursuant
to
the
Act
or
any
available
legal
authority,
including
the
right to
seek
injunctive
relief,
monetary
penalties,
and
punitive
damages
for
any
violation
of law
or this
Notice.
-
2
The Illinois EPA expressly reserves all
rights that it may have,
including the Illinois EPA’s right both
to
disapprove of
work performed
by the parties and to
request that they perform tasks
in addition
to
those
provided
in
this
Notice.
In
the
event
the parties
decline
to
perform
any
additional
or
modified
tasks, the
Illinois EPA will
have the right to undertake any such work.
In addition, the Illinois EPA reserves the right to
undertake removal actions
or remedial
actions at
any time.
VIII.
ABATEMENT OF ENDANGERMENT
In
the event that the Director of the
Illinois
EPA determines
that
any activities
implementing the
preventive or corrective
action
or any
other
circumstances or activities
create
an
imminent
or
substantial endangerment to the health and welfare of the people on the site or in the surrounding
area or to the environment, the Director may issue a notice to cease further implementation of the
action for such period of time as needed to abate the endangerment.
-
IX. OTHER CLAIMS
Nothing in this Notice shall constitute or be construed as a release from any claim,
cause of action
or demand
in
law
or equity against any person,
firm,
partnership,
or corporation for any liability
it
may have arising
out of or relating
in
any way to
the storage
or disposal
of used
or waste tires at
the site.
X. OTHER APPLICABLE LAWS
-
All actions required to be taken pursuant to this Notice shall
be
undertaken
in accordance with the
requirements
of all
applicable local,
state
and federal laws and
regulations.
XI. EFFECTIVE DATEAND SUBSEQUENTMODIFICATION
This Notice may be amended by the Illinois
EPA.
Such
amendments shall
be
in writing and shall
become effective upon the date on which
the amendments
are signed
by the Illinois
EPA.
Any reports,
plans,
specifications,
schedules,
and attachments
required
by this
Notice
are,
upon
approval
by the Illinois
EPA,
incorporated
into this
Notice.
Any non-compliance with
such Illinois
EPA approved
reports,
plans,
specifications,
schedules,
and
attachments shall
be considered
a
failure
to perform the requirements
of this
Notice.
No
informal
advice,
guidance,
suggestions,
or comments
by the
Illinois
EPA
regarding reports,
plans, specifications, schedules, and any
other writing submitted
by the parties will be construed
as
relieving them of their obligation
to
obtain such
formal
approval
as may
be
required
by this
Notice.
-
3
-
XII. PARTIES BOUND
This
Notice
shall
apply
to
and
be
binding
upon
the
parties,
their
agents,
successors,
and
assignees
and
upon
all
persons,
contractors,
and
consultants
acting
under or on
behalf of the
parties.
No change in
ownership or corporate or partnership status
relating to the site will in any way
alter
the status of the parties or in
any way alter their responsibility
under this Notice.
The parties will
be responsible for carrying out
all
activities required
pursuant to this Notice.
XIII.
FAILURE TO COMPLY WITH THIS
NOTICE
Pursuant
to
Section
55.3(g)
of
the
Act,
415
ILCS
5/55.3(g),
the
owner
or
operator
of
any
accumulation of used or waste tires at which the Illinois EPA has taken action
under Section 55.3
of the Act,
415
ILCS
5/55.3,
shall
be
liable
for all
costs thereof incurred
by
the State
of Illinois,
including
reasonable costs of collection.
Pursuant to Section 55.3(h) of the Act, 415 ILCS 5/55.3(h), if a person fails without sufficient cause
to
take preventive
or corrective
action
in
accordance
with
this Notice,
such
failure may subject
such
person to
liability to the State of Illinois for punitive damages
in an
amount at least equal to,
and
not more than two times,
the amount
of any
costs incurred
by the State
as
a
result of such
failure.
The punitive
damages
shall
be in
addition
to
any costs recovered from the liable
person
pursuant to Section
55.3(g)
of the Act,
and
in
addition
to
any
other penalty or relief provided
by
-
-
the Act or any other law.
XIV. TERMJJ~ATIONAND SATISFACTION
The provisions of this
Notice shall
be deemed
satisfied
upon the parties
receipt of written notice
from
the Illinois
EPA that they have demonstrated to the satisfaction of the Illinois EPA, that
all
of
the terms
of this
Notice,
including
any
additional tasks which the Illinois
EPA
has determined to
be necessary,
have been completed.
By:
V
ch~~
DATE:_____
Thomas V.
Skinner,
Director
Illinois
EPA
4
STATE OF ILLINOIS
COUNTY OF SANGAMON
SS
PROOF OF SERVICE
I, the undersigned, on oath, state that
I have served the attached Notice Pursuant to
Section
55.3(d)
of the
Environmental
Protection
Act
upon
the
persons
or entities
to whom
it is
directed,
by delivering
a copy to:
John
Stephenson
City of Cairo
Post Office
Box 386
Attention:
Mayor James
E.
Wilson
Barlow,
Kentucky 42024
Post Office Box 393
Cairo,
Illinois 62914
and
sending
it
by
Certified
Mail,
return
receipt
requested,
from
Springfield,
Illinois
on
.~
~
i
.-~
1
,
2000 with sufficient postage affixed.
________
________
CYNThIA
L.
WOLFE
NOTARY
PUBLIC,
STATE
OF
ILLINOIS
~
zL~~’3~302OO3
ROBE
J.
SCHERSCHLIGT
Assistant Counsel
Division of Legal
Counsel
SUBSCRIBED AND SWORN TO
BEFORE ME
this
-
~
~
day of~~,//
,
+998-.
~
-
/~.
~
~
~
Notary Public
(‘i
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
1021
NORTH GRAND AVENUE
EAST,
P.O.
Box
19276,
SPRINGFIELD,
ILLINOIS
62794-9276
-
RENEE CIPRIANO,
DIRECTOR
-
217/782-5544
-
-
-
TDD 217/782-9143
May 17, 2002
-
CERTIFIED
MAIL-
-
RETURN
RECEIPTREQUESTED
7000 0520 0012 5645 5956
Honorable James E.
Wilson
-
Mayor
-
City of Cairo
P.O. Box 393
Cairo, Illinois 62914-0393
Re:
Corrective Action Reimbursement Demand Letter
-
-
0030055030
—
Alexander County
-
--
Cairo / City ofCairo Maintenance Garage
Compliance File
Dear Mayor Wilson:
This
letter
is
in
reference
to
corrective
action
taken
by
the
Illinois
Environmental
Protection Agency (“Illinois EPA”)
at the above-referenced
site involving
the removal of
used or waste tires.
Pursuant to
an April
25,
2000 notice
given to
the City under Section
55.3(d)
ofthe Illinois Environmental Protection Act (“Act”) (415 ILCS
5/55.3(d))
and the
corrective action authority of Section
55.3(e)
of the Act (415 ILCS
5/55.3(e)),
the Illinois
EPA
removed
approximately
75
tons
of used
or
waste
tires
from
the
site
during
July
2000.
Pursuant to
Section 55.3(g) ofthe Act
(415 ILCS
5/55.3(g)),
you
are liable to
the Illinois
EPA for
all
reasonable
costs
incurred
in
performing the
corrective action.
In
addition,
you
are liable under
Section
55.3(h)
for
additional
punitive
damages of up
to
two
times
the amount
of costs
incurred by
the
State
of Illinois
in performing the corrective action
under Section 55.3(e) ofthe Act (415 ILCS
5/55.3(e,
h)).
The
Illinois
EPA
incurred
costs
in
the
amount
of $14,970.50
in
connection
with
the
corrective action at this
site.
You are the owner of this
site, and demand
is hereby made
upon you
for $14,970.50.
Ifthe Illinois
EPA does not
receive this
sum within thirty (30)
days of the
receipt
of this
letter,
the Illinois
EPA will
refer this
matter
to
the
Illinois
Attorney General’s
Office
for the
filing
of a
formal
complaint.
Such
a
complaint
will
seek cost recovery, punitive damages, and the statutory maximum penalty allowed by law
GEORGE
H.
RYAN,
GOVERNOR
PRINTED
ON
RECYCLED
PAPER
~
EXHIBIT
“I
Honorable James E. Wilson
Page2
-
as well
as
attorney’s fees
and
court
costs.
The right
to
seek
injunctive
relief,
additional
penalties, corrective action costs, attorney’s fees andlor court costs is expressly reserved
by the Illinois
EPA.
A certified check or money order payable to the “Environmental Protection Agency, for
deposit in the Used Tire Management Fund” should be sent to the following address
within thirty (30) days ofthe receipt of this letter:
Illinois Environmental Protection Agency
Fiscal Services Section
1021 North Grand Avenue East
P.O.
Box
19276
Springfield, Illinois 62794-9276
The certified check or money order should indicate your name, social security number or
federal employer’s identification number,
and the
IllinoisEPA site number
0030055030.
If you have any
questions contact Assistant
Counsel Greg Richardson ofthe Division of
Legal Counsel at 217/782-5544.
Thank you for
yourattention to this matter.
E.
Svoboda
iief Legal
Counsel
Division of Legal Counsel
cc:
James A. Flummer,
City Attorney, P.O. Box 588, 3305 Sycamore Street, Cairo,
Illinois 62914
