RECEIVED
CLERK’S OFFTC~
JUN
0
5
2001
STATE OF
1LL1NO~S
Pollution
Control Board
On~IcEOF
THE
ATTORNEY
GENERAL
STATE OF ILLINOIS
Jim
Ryan
AYFORNEY GENERAL
May 31,2001
Dorothy Gunn, Clerk
Illinois Pollution Control
Board
100 West Randolph Street
Suite 11-500
Chicago,
Illinois 60601-3286
Re:
People v.
Village of Rantoul
and Textron Automotive Exteriors,
Inc.
Dear Clerk Gunn:
Enclosed for filing please find the original and ten copies of a NOTICE OF FILING,
COMPLAINT,
MOTION
FOR
RELIEF
FROM HEARING REQUIREMENT WITH VILLAGE OF
RANTOUL, STIPULATION AND
PROPOSAL FOR SETTLEMENT WITH THE VILLAGE OF
RANTOUL,
MOTION
FOR RELIEF
FROM HEARING REQUIREMENT WITH TEXTRON
AUTOMOTIVE EXTERIORS,
INC. and
STIPULATION AND
PROPOSAL
FOR SETTLEMENT
WITH TEXTRON AUTOMOTIVE EXTERIORS
in regard to
the above captioned
matter.
Please
file the originals and
return a file-stamped
copy to our office in the enclosed
self-addressed
stamped envelope.
Thank you for your cooperation
and consideration.
Sincerely,
Sally
Carter
Assistant Attorney General
500
South Second Street
Springfield,
Illinois 62706
SAC/bd
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
.
TTY:
(312)
814-3374
FAX:
(312)
814-3806
~
1001
East Main, Carbondale, Illinois
62901
(618) 529-6400
1ITY:
(618) 529-6403
.
FAX:
(618) 529-6416
BEFORE THE
ILLINOIS POLLUTION
CONTROL
BOARD
UN
PEOPLE OF THE STATE OF ILLINOIS,
)
STATE
Op
)
poIIuti0~
c
ILLINOIS
Complainant,
)
Ofltro/
v.
)
PCBNO.O//~f
)
(Enforcement)
VILLAGE OF RANTOUL, an Illinois
)
municipal
corporation, and TEXTRON
)
AUTOMOTIVE
EXTERIORS, INC., a
)
Delaware corporation,
)
Respondents.
)
NOTICE OF FILING
To:
Mr. Jarnie Schiff
Mr.
Kenneth
N.
Beth
40 Westminister Street
Evans, Froehlich,
Beth
&
Chamley
Providence, Rhode
Island
02903
44 Main
Street, Third
Floor
Champaign,
Illinois 61820
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,
MOTION
FOR RELIEF
FROM
HEARING
REQUIREMENT WITH VILLAGE OF RANTOUL, STIPULATION AND
PROPOSAL FOR
SETTLEMENT WITH THE VILLAGE
OF RANTOUL, MOTION
FOR
RELIEF FROM
HEARING
REQUIREMENT WITH TEXTRON
AUTOMOTIVE EXTERIORS,
INC. and
STIPULATION AND
PROPOSAL FOR
SETTLEMENT WITH TEXTRON AUTOMOTIVE EXTERIORS,
a copy of
which is attached
hereto and
herewith
served upon you.
Respectfully submitted,
PEOPLE OF THE
STATE OF ILLINOIS
JAMES
E.
RYAN
Attorney General of the
State of Illinois
MATTHEW J.
DUNN, Chief
Environmental Enforcement/Asbestos
Litigation
Division
BY:4~a~44~t
SALLY IA~’tARTER
Assistant Attorney General
Environmental Bureau
500
South
Second Street
Springfield,
Illinois 62706
217/782-90~31/
Dated:
5/31/al
.
I
CERTIFICATE OF SERVICE
I hereby certify that
I did on the 31st day of May 2001,
send by First
Class Mail, with
postage thereon fully prepaid, by depositing
in the United States Post Office
Box a true and
correct copy of the following
instruments entitled
NOTICE OF FILING,
COMPLAINT,
MOTION
FOR RELIEF
FROM
HEARING REQUIREMENT WITH VILLAGE OF RANTOUL,
STIPULATION AND PROPOSAL FOR SETTLEMENT WITH THE VILLAGE OF RANTOUL,
MOTION
FOR RELIEF
FROM
HEARING REQUIREMENT WITH TEXTRON AUTOMOTIVE
EXTERIORS,
INC.
and STIPULATION AND
PROPOSAL FOR SETTLEMENT WITH TEXTRON
AUTOMOTIVE
EXTERIORS
To:
Mr. Jamie Schiff
40 Westminister Street
Providence,
Rhode
Island
02903
Mr.
Kenneth
N.
Beth
Evans,
Froehlich,
Beth & Chamley
44 Main
Street, Third
Floor
Champaign,
Illinois 61820
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
Pollution Control
Board
100 West Randolph, Suite
11-500
Chicago,
Illinois 60601
SALLY~.CARTER
Assistant Attorney General
This filing is submitted
on
recycled paper.
JUN
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
~
OF
ILLII~O
I~
rol Board
PEOPLE OF THE STATE OF ILLINOIS,
)
)
Complainant,
)
v.
)
PCB NO.
)
(Enforcement)
VILLAGE OF RANTOUL, an
Illinois
)
municipal
corporation,
and
TEXTRON
)
AUTOMOTIVE
EXTERIORS, INC.,
a Delaware
)
corporation,
)
Respondents.
)
COMPLAINT
The
PEOPLE OF
THE STATE
OF
ILLINOIS,
by JAMES
E.
RYAN,
Attorney General of
the State of Illinois, on
his own
motion and at the request of the
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
complains
of Respondents, VILLAGE OF RANTOUL and TEXTRON
AUTOMOTIVE EXTERIORS,
INC.,
as follows:
COUNT
I
PUBLIC WATER SUPPLY
PERMIT
1.
This Count is brought on
behalf of the People of the State of Illinois, by James
E.
Ryan, Attorney General
of the State of Illinois,
on his
own
motion
and at the request of the
Illinois Environmental
Protection Act (“the Act”), 415
ILCS 5/31
(2000).
2.
The Illinois EPA is an Agency of the State of Illinois created
by the Illinois
General Assembly
in
Section
4 of the Act, 415
ILCS 5/4 (2000),
and charged,
inter a/ía,
with the
duty of enforcing the Act.
3.
The Respondent, Village of Rantoul (“Village”),
is an
Illinois
municipal
corporation.
The Village
Mayor of Rantoul
is Joseph T.
Brown,
P.O.
Box 38, Rantoul,
Illinois
61866.
1
4.
The Village’s public water supply (“PWS”) serves a
population
of approximately
13,000 people through 3,400 direct service connections.
The Village’s PWS
bills more than
500
residential,
commercial, and
industrial customers located at the former Chanute Air Force
Base.
The Village
obtains its water from
eight drift wells.
The water is passed through an
aerator, softened with
lime, clarified, treated with alum,
and
is then
fluoridated, treated with
a
phosphate,
filtered,
chlorinated, and
passed to a clear well before being discharged to the
distribution system.
5.
The Respondent, Textron Automotive
Exteriors,
Inc., (“Textron”) is a Delaware
corporation.
6.
The registered
agent for Textron is C.T. Corporation
System, 208 South
LaSalle
Street,
Chicago,
Illinois 60604-1136.
7.
Section 3.26 of the Act, 415
ILCS 5/3.26
(2000),
defines “person” as:
“PERSON”
is any
individual,
partnership, co-partnership, firm,
company,
corporation, association, joint stock company,
trust, estate,
political subdivision,
state agency or any other legal
entity or their legal
representative,
agent or
assigns.
8.
Section
15 of the Act, 415
ILCS 5/15
(2000),
provides:
Owners
of public water supplies, their authorized
representative, or legal
custodians, shall submit plans and specifications to the Agency
and obtain
written approval
before construction of any proposed
public water supply
installations,
changes, or additions
is started.
Plans and specifications
shall be
complete and
of sufficient detail to show all proposed construction,
changes, or
additions that may affect sanitary quality, mineral quality,
or adequacy of the
public water supply;
and, where necessary,
said plans and
specifications shall
be
accompanied by
supplemental
data as may be required
by the Agency to permit
a complete review thereof.
9.
Section
18(a) of the Act, 415
ILCS 5/18(a)
(2000),
provides:
Section 18(a)
No person
shall:
1.
Knowingly cause,
threaten or allow the distribution of water from any
public water supply of such quality or quantity
as to be injurious to human
health;
or
•2
2.
Violate regulations or standards
adopted by the Board
underthis Act;..
10.
Section 601.105 of the Board’s Public Water Supply Regulations, 35
III.
Adm.
Code
601.105, defines “water main” as:
Amy
pipe for the purpose of distribution of potable water which serves or is
accessible to
more than
one property, dwelling, or rental
unit, and
is exterior to
buildings.
11.
Section 602.101
of the Board’s Public Water Supply Regulations, 35
III.
Adm.
Code 602.101, provides:
a)
No person shall cause or allow the construction of any new public water
supply installation or cause or allow the change
of or addition to any
existing public water supply, without a construction permit issued by the
Environmental Protection Agency (Agency).
Public water installation,
change, or addition
shall not include routine maintenance,
service
pipe
connections, hydrants and valves, or replacement
of equipment,
pipe,
and
appurtenances with equivalent equipment,
pipe, and appurtenances.
12.
On July 2,
1999,
the Illinois EPA received a construction permit application,
signed by representatives of the Village and Textron, for the installation
of 690 feet
of ten-inch
water main, titled
“Rantoul
Products-Textron
Plant 3 Addition.”
13.
In early July
1999, the Plant Environmental Health and
Safety Coordinatorfor
Textron contacted
the Illinois
EPA, inquiring as
to the status of the permit application.
14.
On
July 14,
1999, the Illinois EPA received correspondence from the Village
requesting that the Illinois
EPA issue the construction permit so that the Village could complete
the water main
installation and
close “ditches opened to
reroute the water system.”
15.
On July 15,
1999,
the Illinois
EPA contacted the Village inquiring into the status
of the subject water main installation.
The Village
informed
the Illinois EPA that Textron had
installed all but twenty feet of the water main.
3
16.
On
July 16,
1999,
an
Illinois
EPA inspector visited the site and
observed an open
hole, the end
of a
pipe,
a hydrant and
determined that all
but approximately thirty feet of the
water main
had
been installed;
17.
By constructing a water main
installation without a permit granted by the Illinois
EPA, Textron Automotive Exteriors
has violated
Section
18 of the Act, 415
ILCS 5/18 (2000),
and Section 602.101
of the Pollution Control
Board
Regulations,
35
III. Adm.
Code
602.101.
18.
By constructing a water main
ihstallation without a permit granted
by the Illinois
EPA, the Village of Rantoul
has violated
Sections
15 and
18 of the Act, 415
ILCS 5/15
and
18
(2000), and Section 602.101
of the Pollution Control Board
Regulations, 35
III. Adm.
Code
602.101.
PRAYER FOR RELIEF
WHEREFORE,
the Complainant, People of the State of Illinois, respectfully request that
this
Board enter an order against the Respondents, Textron Automotive Exteriors
and the
Village of Rantoul:
A.
Authorizing a
hearing
in this matter at which time the Respondents will
be
required to answer the allegations herein;
B.
Finding that Textron Automotive Exteriors
has violated
Section
18 of the Act, 415
ILCS 18 (2000),
and
35
III. Adm.
Code
602.101;
C.
Finding
that the Village of Rantoul
has violated
Sections
15 and
18
of the Act,
415
ILCS 5/15
and
18
(2000),
and 35
Ill. Adm.
Code 602.101;
D.
Ordering
Respondents to
cease and desist from
any further violations of the Act
and associated
regulations;
4
E.
Pursuant to
Section 42(a) of the Act, 415
ILCS 5/42(a) (2000),
and
after the
adjudication of the violations, impose
upon the Respondent a monetary penalty of not more
than the statutory maximum;
F.
Pursuant to Section 42(f) of the Act, 415
ILCS 5/42(f) (2000), and
after the
adjudication of the violations, award the Complainant its costs
in
this matter,
including
reasonable attorney’s fees
and expert witness
costs; and
G.
Grant such other and further relief as the Board deems
appropriate.
COUNT
II
PUBLIC WATER SUPPLY QUALITY VIOLATIONS
1.
This Count is brought on behalf of the People of the State of Illinois, by James
E.
Ryan,
Attorney General of the State of Illinois,
on
his own
motion.
2-16.
Complainant realleges and
reincorporates herein
by reference paragraphs I
through 16
of Count
I
as paragraphs 2 through 16 of this Count
II.
17.
Section 601.101
of the Board’s Public Water Supply Regulations,
35111. Adm.
Code
601 .101, provides:
Owners and official
custodians of a public water supply in the State of Illinois
shall provide pursuant to
the Environmental
Protection Act, the Pollution Control
Board
rules,
and
the Safe Drinking Water Act continuous
maintenance of public
water supply facilities so that the water shall
be
assuredly safe in
quality, clean,
adequate
in
quantity, and
of satisfactory,
mineral
characteristics for ordinary
domestic consumption.
18.
By constructing a water main extension without a permit granted by the Illinois
EPA,
the Village of Rantoul
has violated Section
18 of the Act, 415 ILCS 5/18
(2000),
and
Section
601.101
of the Pollution Control
Board
Regulations, 35
Ill. Adm.
Code 601.101.
PRAYER FOR RELIEF
5
WHEREFORE, the Complainant,
People
of the State of Illinois, respectfully requests
that this Board
enter an order against the Respondent, the Village of
Rantoul:
A.
Authorizing
a hearing
in
this matter
at which time the Respondents will
be
required to answer the allegations herein;
B.
Finding that the Village of Rantoul has violated
Section
18 of the Act, 415
ILCS
5/18 (2000),
and 35
Ill.
Adm. Code 601.101;
C.
Ordering Respondent to cease and desist from any further violations of the Act
and associated
regulations;
D.
Pursuant to
Section 42(a)
of the Act, 415 ILCS
5/42(a) (2000),
and
after the
adjudication of the violations, impose
upon the Respondent a monetary penalty of not more
than the statutory
maximum;
E.
Pursuant to
Section 42(f) of the Act, 415 ILCS 5/42(f)
(2000),
and after the
adjudication
of the violations, award the Complainant its costs
in this matter,
including
reasonable
attorney’s fees and
expert witness costs; and
6
F.
Grant
such other and further relief as the Board
deems appropriate.
Respectfully submitted,
PEOPLE
OF THE STATE OF ILLINOIS,
JAMES
E.
RYAN,
V
Attorney General
State of
Illinois
V
MATTHEW J.
DUNN, Chief
V
Environmental Enforcement/Asbestos
Litigation
Division
BY:___________________
THOMAS DAVIS,
Chief
Assistant Attorney General
Environmental Bureau
Of Counsel
SALLY A.
CARTER
Assistant Attorney General
500 South
Second Street
Springfield,
Illinois 62706
217/782-90a1
;
Dated:
~
rantoulcomp/bd
7
RECEIVED
CLERK’S OFFlCE
JUN
0
5
20~1
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
STATE OF ILLINOIS
V
Pollution
Control !3oard
PEOPLE OF THE STATE OF ILLINOIS,
)
)
Complainant,
v.
)
PCB NO.
)
(Enforcement)
VILLAGE OF RANTOUL, an
Illinois
)
V
municipal
corporation, and
TEXTRON
)
AUTOMOTIVE
EXTERIORS, INC.,
)
a Delaware corporation,
)
)
)
Respondents.
)
MOTION
FOR RELIEF FROM
HEARING
REQUIREMENT WITH VILLAGE OF RANTOUL
NOW COMES
the Complainant, PEOPLE OF THE STATE OF
ILLINOIS,
by JAMES
E.
RYAN, Attorney General of the State of Illinois,
and
pursuant to subsection
32(c)(2) of the
Illinois
Environmental Protection Act (“the Act”), 415
ILCS 5/32(c)(2)
(2000),
moves that the
Illinois
Pollution
Control
Board (“the Board”) grant the PEOPLE
OF THE STATE OF ILLINOIS
and the VILLAGE
OF RANTOUL, relief from the hearing requirement in the above-captioned
matter.
In support of this motion,
Complainant states as follows:
1.
Simultaneously with the filing of this motion,
the Complainant is filing a
Complaint
with the Board,
alleging that the Respondent failed to
attain the required
construction permit
from the Illinois
Environmental Protection Agency prior to the installation
of a water main
extension in
the Village of Rantoul.
2.
The People of the State of
Illinois and the Respondent, Village of Rantoul, have
reached agreement on all
outstanding issues
in this matter.
3.
This agreement is memorialized and presented
to the Board
in a
Stipulation and
Proposal
for Settlement, filed contemporaneously with
this motion.
1
4.
The parties, the People of the State of Illinois
and the Village
of Rantoul, agree
that a
hearing on
the Stipulation and
Proposal for Settlement
is not necessary,
and
request
relief from such a hearing as provided
pursuant to
subsection 31(c)(2) of the Act, 415
ILCS
5/31 (c)(2)
(2000).
WHEREFORE,
Complainant, People of the State of Illinois, hereby respectfully requests
that the
Board grant this Motion for Relief from the Hearing Requirement between the Village
of
Rantoul and the People of the State of
Illinois, as set forth
in subsection 31(c)(2) of the Act, 415
ILCS 5/31 (c)(2)
(2000).
Respectfully submitted,
PEOPLE
OF THE STATE
OF ILLINOIS,
JAMES
E.
RYAN,
Attorney General
State of Illinois
MATTHEW J.
DUNN, Chief
Environmental Enforcement/Asbestos
Litigation
Division
BY:
4z14há.Ca~
SALL~A.CARTER
Assistant Attorney General
Environmental
Bureau
500 South
Second Street
Springfield,
Illinois 62706
217/782-9~3I~
Dated:
5/~1/oi
rantouImtn/b~
I
2
•
flECEfliE~
CLERK’S
OFFICE
BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
JUN
0
5 200i
V
STATE
OF ILLINOIS
Pollutio,~
Control Board
PEOPLE OF THE STATE
OF ILLINOIS,
)
Complainant,
)
v.
)
PCB
NO.
)
(Enforcement)
)
VILLAGE OF RANTOUL, an Illinois
)
municipal corporation,
and TEXTRON
)
AUTOMOTIVE EXTERIORS,
INC., a Delaware
)
corporation,
)
)
Respondents.
)
STIPULATION AND PROPOSAL FOR SETTLEMENT
WITH THE VILLAGE
OF RANTOUL
NOW COMES the Complainant,
PEOPLE OF THE
STATE OF ILLINOIS,
by JAMES
E.
RYAN, Attorney General
of the State of Illinois,
at the request of the Illinois Environmental
Protection Agency, and
Respondent, VILLAGE
OF RANTOUL,
and hereby submit 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
if a full
hearing were held.
The
parties agree that this Settlement is a compromise of
a disputed
claim.
The parties further stipulate that this statement of facts is
made and agreed
upon for the purposes of settlement only and that neither the fact that a party has entered into
the Stipulation,
nor any of the facts stipulated herein,
shall
be introduced
into evidence
in
this or
any other proceeding
except to enforce the terms hereof by the parties to this agreement.
Notwithstanding the previous sentence,
this Stipulation and
Proposal
for Settlement and
any
Illinois Pollution
Control Board
(“Board”)
order accepting
same may be used
in
any future
enforcement action
as evidence
of past adjudication of violation,
as
provided
in
Section 42(h) of
the Illinois
Environmental Protection Act (“Act”), 415
ILCS 5/42(h)
(2000).
The agreement shall
1
be null and void unless the Board approves and disposes of this matter on each and every one
of the terms
and conditions of the Settlement set forth
herein.
JURISDICTION
The Board has.jurisdiction of the subject matter herein
and of the parties
consenting
hereto pursuant to the Act, 415 ILCS
5/1
et
seq.
(2000).
II.
AUTHORIZATION
The undersigned
representatives for each
party certify that they are fully authorized
by
the party whom they represent to enter into
the terms and conditions of this Stipulation and
Proposal for Settlement and to legally bind them to
it.
Ill.
APPLICABILITY
This Stipulation and
Proposal for Settlement shall apply to
and be
binding
upon the
Complainant and the Respondent, Village of Rantoul, and any officer,
director,
agent,
employee
or servant of Respondent, as well as the Respondent’s successors and
assigns.
The
Respondent shall not raise as
a defense to any enforcement action taken
pursuant to this
Settlement the failure of its officers,
directors, agents, servants, or employees to
take such
action as shall
be required to comply with the provisions of this Settlement.
IV.
STATEMENTOF FACTS
1.
The Illinois Environmental Protection Agency (“Illinois EPA”) is an administrative
agency established in the executive branch of the State
government by Section
4 of the Act,
415 ILCS 5/4 (2000), and charged,
inter a/ia,
with the duty of enforcing the Act.
2
2.
Respondent, Village of Rantoul (“Rantoul” or “Village”) is an Illinois municipal
corporation. The Village Mayor of Rantoul
was Joseph T.
Brown,
P.O. Box 38, Rantoul,
Illinois
61866.
3.
The Respondent, Textron Automotive Exteriors,
Inc.
(“Textron”)
is a Delaware
corporation.
The registered
agent for Textron
is
C.T.
Corporation System,
208 South
LaSalle
Street,
Chicago.
Illinois 60604-1136.
4.
The Village’s public water supply (“PWS”) serves a population of approximately
13,000 people through 3,400 direct service connections.
The Village’s PWS bills more than
500
residential,
commercial, and
industrial
customers located at the former Chanute Air Force
Base.
The Village obtains its water from eight drift wells.
The water is
passed through an
aerator, softened
with lime, clarified, treated with alum, and
is then fluoridated, treated with a
phosphate, filtered,
chlorinated,
and
passed to a
clear well before being discharge
to the
•
distribution system.
5.
On July
2,
1999,
the Illinois
EPA received a construction permit application,
signed by representatives of the Village and Textron for the installation of 690
feet of ten-inch
water main,
titled “Rantoul
Products-Textron
Plant 3 Addition.”
6.
In
early July 1999, the Plant Environmental
Health and
Safety Coordinator for
Textron contacted the Illinois
EPA,
inquiring as
to the status
of the permit application.
7.
On July
14,
1999, the Illinois EPA
received correspondence from the Aviation
and
Economic
Development Director of the Village requesting that the Illinois EPA issue the
construction permit so that the Village could complete the water main
installation and
close
“ditches opened to
reroute the water system.”
8.
On July
15,
1999,
the Illinois EPA contacted the Village inquiring
into the status
of the subject water main
installation.
The Village informed the Illinois
EPA that Textron
had
installed all
but twenty feet of the water main.
3
9.
On July 16, 1999, an lllinoisEPA inspector visited the site and observed an open
hole, the end of a
pipe, a hydrant and
determined that all but approximately thirty feet of the
water main had
been
installed.
10.
By constructing a water main installation without a permit granted by the
Illinois
EPA,
the Village of Rantoul has violated
Section
18
of the Act, 415 ILCS 5/18
(2000),
and
Section 602.201 of the Pollution
Control Board
Regulations,
35
III. Adm. Code
602.101.
11.
By constructing a water main installation without a permit granted by the Illinois
EPA, the Village of Rantoul
has violated
Sections
15
and
18 of the Act, 415
ILCS 5/15 and
18
(2000), and Section 602.101 of the Pollution Control Board Regulations, 35
III. Adm. Code
602.101.
12.
The Complainant contends that by constructing a water main extension without a
permit granted by the Illinois
EPA, the Village of Rantoul has violated Section
18
of the Act, 415
ILCS 5/18 (2000),
and
Section 601.101
of the Pollution
Control
Board Regulations,
35
III. Adm.
Code 601.101.
V.
COVERED
MATTERS
This Consent Order covers
all claims asserted
in the Complainant’s Complaint
concerning violations of the Act, 415 ILCS 5/1
et seq.
(2000),
and the regulations promulgated
thereunder as alleged against the Village of Rantoul.
Covered matters do
~
include:
i)
Claims based on the Respondent’s failure to
meet the requirements of this
Stipulation and Proposal for Settlement;
ii)
Liability for future violation of
state,
local, federal, and
common laws and/or
regulations;
4
iii)
Any future liability for natural resource damage or for removal, cleanup, or
remedial
action as a result of a
release of hazardous substances or the liability of
the Respondent under the Comprehensive Environmental
Response,
Compensation and Liability Act, 42 U.S.C. Sections 9601-9675; and
iv)
The liability of the Respondent,Textron Automotive Exteriors, pertaining to this
•
proceeding.
VI.
•
FUTURE PLANS OF COMPLIANCE
Respondent shall continue to diligently conform to the Act, 415 ILCS 5/1
et seq.
(2000),
and the Board’s Water Pollution and Agriculture Regulations, 35
Ill. Adm. Code Subtitles Cand
E.
VII.
IMPACT ON
THE PUBLIC RESULTING
FROM
NON-COMPLIANCE
•
Section 33(c) of the Act, 415 ILCS 5/33(c) (2000), provides:
***
c.
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 characterand 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 or 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.
anysubsequent compliance.
V
5
In response to these factors, the parties state as follows:
1.
Complainant contends that the injury to, or interference with, the protection of the
health,
general welfare, and
physical
property of the People would
be characterized as
a
potential for contamination of the public water supply and the degree of injury would be
dependent upon the extent of the pollution and the degree of exposure to that pollution;
2.
The parties agree that the Respondent’swater mains are of social and economic
benefit;
3.
Respondent’s water mains that are
the subject of this Complaint have been
found
suitable to
the area
in which the mains are located by the Illinois EPA for such use
in the
Village of Rantoul;
4.
The parties
agree that complying with the Act and
regulations is technically
practicable and economically reasonable; and
5.
•
Respondent implemented
preventative
measures subsequent
to the alleged
violations that are the subject of the Complaint in this matter in order to ensure the attainment
of appropriate permits
in
the future and thus,
compliance with the Act and the Board’s
Regulations.
VIII.
CONSIDERATION OF SECTION 42(H)
FACTORS
Section 42(h) of the Act, 415
ILCS 5/42(h) (2000),
provides:
***
h.
in determining the appropriate civil penalty to be imposed under subdivisions (a),
(b)(1), (b)(2), (b)(3), or (b)(5) of 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 ofviolation;
6
2.
the presence orabsence of due diligence on the part of the violator in
attempting to comply with the requirements of this Act and
regulations
thereunder or to secure
relief therefrom
as provided
by this Act;
3.
any economic
benefits accrued by the violator because of delay
in
compliance with requirements;
4.
the amount of
monetary
penalty which will serve to deter further violations
by the violator and to
otherwise aid
in enhancing voluntary compliance
with this Act by the violator and other
persons similarly subject
to the Act;
and
5.
the number, proximity in time, and gravity of previously adjudicated
violations of this Act by the violator.
***
In response to these factors, the parties state as follows:
V
1.
Complainant contends that the Respondent constructed water mains without
attaining the required
construction permits from the Illinois
EPA.
The Complainant contends
that the construction of the water mains without
the required permit occurred since
at least July
1999 and continued through November 8, 1999.
2.
Once discovering the non-submittal of the required
construction permits, the
Respondent worked diligently to comply with the Act.
3.
The Complainant contends that the economic
benefit accrued by the
Respondent’s
noncompliance
is the savings realized
by not properly attaining the required
construction permits prior to the
commencement of the construction of the water main.
4.
Complainant has determined, in this instance, that a penalty of three thousand
dollars ($3,000.00) will serve to deter further violations and aid
in future voluntary compliance
with the Act and applicable regulations.
5.
There are
no previously adjudicated violations of the Act
by the Respondent.
7
V
IX.
TERMS
OF SETTLEMENT
A.
The Respondent admits the violations of Sections 15 and 18 of the Act, 415
V
ILCS 5/12(c), 15 and 18 (2000), 35
Ill. Adm. Code 602.101 as alleged in the Complaint.
B.
The Respondent, Village of Rantoul, shall pay a penalty of three thousand
dollars ($3,000.00) into the Illinois Environmental Protection Trust Fund within thirty (30) days
from the date on which the Pollution Control Board adopts a final order approving this
Stipulation and
Proposal
for Settlement.
Payment shall be
made by certified check or money
order,
payable
to the Treasurer of the State of Illinois, designated to the Environmental
Protection Trust
Fund, and shall
be sent by first class mail to:
Illinois Environmental Protection Agency
Fiscal Services Section
1021 North Grand Avenue East
P.O. Box 19276
•
V
•
V
Springfield, Illinois 62794-9276
Respondent’s Federal Employer Identification Number (“FEIN”) shall be written upon the
certified check ormoney order.
Respondent’s FEIN is:
37—60005
10
A copy of the payment transmittal
and
check shall be simultaneously submitted to:
Office of the Attorney General
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
C.
Respondent shall comply with Sections 15 and 18 of the Act, 415 ILCS 5/12(c),
15 and 18(2000), 35
III. Adm. Code 601.101 and 602.101, and shall ceaseand desist from
violations ofany other federal, state or local environmental statutesand regulations, including
the Act and the Board Rules and Regulations.
8
•
•••••
X.
RIGHT OF ENTRY
V
In addition to any other authority provided by law and in compliance with 35
III. Adm.
Code 501.146, the Respondent shall allow duly authorized representativesof the Attorney
General and/or the Illinois EPA entryand access to those portions of the Respondent’s site
covered by this Stipulation and Proposal for Settlement to inspect and investigate compliance
with the terms and objectives of this Stipulation and Proposal for Settlement, including, but not
limited to, collecting samples, taking photographs, reviewing and copying facility records and
other documents, and inspecting equipment.
XI.
COMPLIANCE
WITH OTHER
LAWS AND REGULATIONS
This Stipulation and Proposal for Settlement in no way affects the responsibility of
Respondent tocomply with any federal, state, or local regulations, including but not limited to
the Act, 415 ILCS 5/I
et seq.
(2000), and the Board’s Rules and Regulations, 35
III. Adm.
Code, SubtitlesA through H.
9
WHEREFORE, Complainant and Respondent requests that the Board adopt and accept
the foregoing Stipulation and Proposal for Settlement as written.
Respectfully submitted,
PEOPLE OF THESTATE OF ILLINOIS,
JAMES E. RYAN,
Attorney General
State of Illinois
MATTHEW J.
DUNN, Chief
Environmental Enforcement/Asbestos
Litigation
Division
DATED:
~c/~
y~,
BY:_____________________
THOMAS DAVIS, Chief
Assistant Attorney General
V
Environmental Bureau
ILLINOIS ENVIRONMENTAL
DATED:_______
_________________
(~SEPHE. SVOBODA
Division of Legal Counsel
VILLAGE OF~ANTOUL
DATED:
~
~JEIL
L
VS
Mayor of Village of
Rantoul
10
RECEIVED
CLERK’S OFFTCE
JUN
0
5
2001
BEFORE THE
ILLINOIS POLLUTION CONTROL
BOARD
STATE OF
ILLINOIS
Pollution
Control Board
PEOPLE OF THE STATE
OF ILLINOIS,
)
)
Complainant,
)
v.
V
•
)
PCBNO.~/~/~
V
)
(Enforcement)
VILLAGE OF RANTOUL, an
Illinois
)
municipal corporation,
and
TEXTRON
)
AUTOMOTIVE
EXTERIORS,
INC.
a
)
Delaware corporation,
)
)
Respondents.
)
MOTION
FOR RELIEF FROM HEARING
REQUIREMENT WITH TEXTRON AUTOMOTIVE EXTERIORS,
INC.
NOW COMES the Complainant, PEOPLE OF THE STATE
OF ILLINOIS, by JAMES
E.
RYAN, Attorney General
of the State of
Illinois, and
pursuant to subsection 32(c)(2) of the
Illinois Environmental Protection
Act (“the Act”), 415 ILCS 5/32(c)(2)
(2000),
moves that the
Illinois Pollution
Control Board
(“the Board”) grant the PEOPLE OF THE STATE
OF ILLINOIS
and
TEXTRON AUTOMOTIVE
EXTERIORS,
INC., relief from the hearing
requirement in the
above-captioned matter.
In support of this
motion, Complainant states as follows:
1.
Simultaneously with the filing of this
motion,
the Complainant
is filing a Complaint
with the Board, alleging that the Respondent failed to attain the required construction permit
from the
Illinois Environmental Protection Agency prior to the installation of a water main
extension
in the Village
of Rantoul.
2.
The People of the State of Illinois and the Respondent, Textron Automotive
Exteriors,
Inc., have
reached agreement
on all outstanding
issues
in this matter.
3.
This agreement is memorialized and presented to the Board
in a Stipulation and
Proposal for Settlement, filed contemporaneously with this motion.
1
4.
The parties, the People of the State of Illinoisand Textron Automotive Exteriors,
Inc., agree that a hearing on the Stipulation
and
Proposal for Settlement is not necessary,
and
request
relief from such
a hearing
as
provided pursuant to
subsection
31(c)(2) of the Act, 415
ILCS 5/31 (c)(2) (2000).
WHEREFORE, Complainant, People of the State of Illinois, hereby respectfully requests
that the Board
grant this
Motion
for Relief from the Hearing
Requirement between Textron
Automotive Exteriors, Inc., and the People of the
State of Illinois, as set forth
in
subsection
31(c)(2)of the Act, 415 ILCS 5/31(c)(2) (2000).
Respectfully submitted,
V
•
PEOPLE OF THE STATE OF ILLINOIS,
JAMES
E•. RYAN,
Attorney General
State of Illinois
MATTHEW J. DUNN, Chief
V
Environmental Enforcement/Asbestos
Litigation Division
BY:_____________
SALL’~&CARTER
Assistant AttorneyGeneral
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
217/782-9~3~
Dated:
5/31/0/
textronmtn/b~
2
RECEIVED
CLERK’S OFFTCE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JUN
0
5
2U01
STATE OF ILUNOIS
Pol!utj~nControl Board
PEOPLE OF THE STATE OF ILLINOIS,
)
)
Complainant,
)
V.
)
PCB NO.
)
(Enforcement)
•
)
VILLAGE
OF RANTOUL, an Illinois
)
municipal
corporation,
and TEXTRON
)
AUTOMOTIVE
EXTERIORS,
INC., a Delaware
)
corporation,
)
)
Respondents.
)
STIPULATION AND PROPOSAL FOR SETTLEMENT
WITH TEXTRON AUTOMOTIVE
EXTERIORS
NOW COMES the Complainant, PEOPLE OF THE STATE OF ILLINOIS, by JAMES E.
RYAN, AttorneyGeneral of the State of Illinois, at the request of the Illinois Environmental
Protection Agency, and Respondent, Textron Automotive Exteriors, Inc., and hereby submit this
Stipulation and Proposal for Settlement. The parties agree that the statementof facts
contained herein represents a fair summary of the evidence and testimonywhich the
Complainant would introduce
if a full hearing
were held.
The parties
agree that this Settlement
is a compromise of a disputed claim. The parties further stipulate that this statement of facts is
made and agreed upon for the purposes of settlement only and that neither the fact that a
party
V
has entered into the Stipulation, nor any of the facts stipulated herein, shall be introduced into
evidence in
this or any
other proceeding except to enforce the terms hereof by the parties to
this agreement.
Notwithstanding the previous sentence, this Stipulation and
Proposal for
Settlement and any Illinois Pollution Control Board (“Board”) order acceptingsamemay be
used inany future enforcement action as evidence of past adjudication of violation, as provided
in
Section 42(h)
of the Illinois
Environmental Protection Act (“Act”), 415
ILCS
5/42(h) (2000).
1
The agreement shall be null and void unless the Board approves and disposes of this matter on
each and
every one of the terms and
conditions of the Settlement set
forth herein.
V
JURISDICTION
The Board
has jurisdiction of the subject matter herein
and of the parties consenting
hereto pursuant
to the Act, 415 ILCS 5/1
et seq.
(2000).
II.
AUTHORIZATION
The undersigned representatives for each party certify that they are fully authorized by
the partywhom they represent to enter into the terms and conditions of this Stipulation and
Proposal for Settlement and
to legally bind them to
it.
Ill.
APPLICABILITY
This Stipulation
and
Proposal for Settlement shall apply to and be binding upon the
Complainant and the Respondent, Textron Automotive
Exteriors,
Inc.,
and any officer, director,
agent,
employee or servant of Respondent, as well as the Respondent’s
successors and
assigns.
The Respondent shall not raise as a defense to any enforcement action taken
pursuant
to this Settlement the failure of its officers,
directors, agents, servants, or employees
to take such
action as shall be
required to comply with the provisions
of this Settlement.
IV.
STATEMENTOF FACTS
1.
The Illinois Environmental ProtectionAgency (“Illinois EPA”) is an administrative
agency established in the executivebranch of the State government by Section4 of the Act,
415 ILCS 5/4 (2000), and charged,
inter a/ia,
with the duty of enforcing the Act.
2
2.
Respondent, Village of Rantoul (“Rantoul” or “Village”) is an
Illinois municipal
corporation. The Village
Mayor of Rantoul is Joseph
T. Brown,
P.O.
Box 38,
Rantoul, Illinois
61866.
3.
The Respondent,
Textron Automotive
Exteriors
(“Textron”) is a Delaware
corporation.
The registered agent for Textron is C.T.
Corporation System,
208 South
LaSalle
Street, Chicago. Illinois 60604-1136.
4.
•
The Village’s public water supply (“PWS”) serves a population of approximately
13,000 people through 3,400 direct service connections. The Village’s PWS bills more than
500 residential, commercial, and industrial customers located at the Chanute Air Force Base.
The Village obtains its water from eight drift wells.
The water is passed through an aerator,
softened with lime,
clarified, treated with alum,
and
is then fluoridated, treated with a phosphate,
filtered, chlorinated, and
passed
to a clear well before being discharged
to the distribution
system.
5.
On July 2, 1999, the Illinois EPA received a construction permit application,
signed by representatives of the Village and
Textron for the installation
of 690 feet of ten-inch
water main, titled
“Rantoul
Products-Textron
Plant 3 Addition.”
6.
In early July 1999, the Plant Environmental Health and Safety Coordinator for
Textron contacted the Illinois EPA, inquiring as to the status of the permit application.
7.
On July 14, 1999, the Illinois EPA
received correspondence from the Village
requesting that the
Illinois EPA issue the construction permit so that
the Village could complete
the water main installation and close “ditches opened to reroute thewater system.”
8.
On July 15, 1999, the Illinois EPA contacted
the Village inquiring
into
the status
of the subject water main
installation.
The Village informed the Illinois EPA that Textron’s
contractor had excavated a trench and had laid all but twenty feet of the water piping.
9.
On July 16, 1999, an Illinois EPA inspector visited the site and observed an open
3
hole, the end of a pipe, a hydrant and determined that all but approximately
thirty
feet of the
water main piping had been laid in the trench.
10.
By completing the above-mentioned activities
without
a permit granted
by the
Illinois EPA, Textron has violated
Section
18 of the Act, 415
ILCS 5/18 (2000),
and Section
602.201 of the Pollution Control Board Regulations, 35
III. Adm. Code 602.101.
V
V.
COVERED MATTERS
This Consent Order covers all claims asserted in the Complainant’s Complaint
concerning violations of the Act, 415 ILCS 5/1
et seq.
(2000), and the regulations promulgated
thereunder.
Covered
matters do not include:
i)
Claims based on the Respondent’s failure to meet the requirements of this
Stipulation and Proposal for Settlement;
ii)
Liability for future violation of state,
local, federal, and
common laws and/or
regulations;
iii)
Any future liability for natural resource damage or
for
removal, cleanup, or
remedial action as a result of
a
release of hazardous substances or the liability of
the Respondent under the Comprehensive Environmental Response,
Compensation and
Liability Act, 42 U.S.C.
Sections 9601-9675; and
iv)
The liability of the Respondent, Village of Rantoul,
pertaining to this proceeding.
VI.
FUTURE PLANS OF COMPLIANCE
Respondent shall continue to
diligently conform to the Act, 415 ILCS
5/1
et seq.
(2000),
and the Board’s Water Pollution
and Agriculture Regulations,
35
Ill. Adm.
Code Subtitles
C and
E.
4
VII.
IMPACT ON THE PUBLIC RESULTING FROM
NON-COMPLIANCE
Section 33(c) of the Act, 415 ILCS 5/33(c) (2000), provides:
c.
In making its orders and determinations, the Board shall take intoconsideration
all the facts and circumstances bearing uponthe 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 or 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 state as follows:
1.
Complainant contends that the injury to, or interference with, the protection of the
health,
general welfare, and
physical property of the People would
be characterized as
a
potential for contamination of the public water supply and the degree of injury would
be
dependent upon the extent of the pollution and the degree of exposure to
that pollution;
2.
The parties agree that the Village of Rantoul’s water mains are of social and
economic benefit;
V
3.
The Village of Rantoul’s
sanitary sewers and
water mains that are the subject of
this complaint
have been found suitable to the area in which the mains are
located by the Illinois
EPA for such use in the Village of Rantoul.
5
4.
The parties agree that
complying with the Act and regulations
is technically
practicable and
economically
reasonable;
and
5.
Respondent implemented
preventative
measures subsequent to the alleged
violations that are the subject of the Complaint in this
matter
in order to ensure the attainment
of appropriate permits in the future and thus, compliance with the Act and the Board’s
Regulations.
VIII.
CONSIDERATION OF SECTION
42(H)
FACTORS
Section 42(h)
of the Act, 415
ILCS 5/42(h) (2000),
provides:
h.
in determining the appropriate civil penalty to
be imposed under subdivisions (a),
(b)(1), (b)(2), (b)(3), or (b)(5) of 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 violation;
2.
the presence or absence ofdue diligence on the part of the violator in
attempting to comply with the requirements of this Act and regulations
thereunder or to secure relief therefrom as provided by this Act;
3.
any economic benefits accrued by the violator because of delay in
compliance with requirements;
4.
the amount
of monetary penalty whiOh will serve to deter further violations
by the violatorand to otherwise aid in enhancing voluntary compliance
with this Act by the violator and other persons
similarly
subject
to the Act;
and
5.
the number, proximity in time, and gravity of previously adjudicated
violations ofthis Act by the violator.
***
In response to these factors, the parties state as follows:
1.
Complainant contends that the Respondent constructed water mains without
attaining the required construction permits from
the Illinois EPA.
The COmplainant contends
6
that the construction of
the water mains without the required permit occurred
since at least July
1999 and continued
through November
8,
1999.
2.
The Complainant contends that upon discovering the non-attainment of the
required construction permits, the Respondent worked diligently tocomply with the Act.
3.
The Complainant contends that the economic benefit
accrued by the
Respondent’s noncompliance is the savings realized by not properly attainingthe required
construction permits prior to the commencement of the construction of thewater main.
4.
Complainant has determined,
in this instance, that a penalty offifteen thousand
($15,000.00) will serve to deter further violations and aid in future voluntary compliance with the
Actand applicable regulations.
5.
There are no previously adjudicated violations of the Actby the Respondent.
IX.
TERMS
OF SETTLEMENT
A.
The Respondent admits the violations of Section 18 of the Act, 415 ILCS 5/18
(2000), 35
Ill. Adm. Code 602.101
as alleged in the Complaint.
B.
The Respondent, Textron Automotive Exteriors, shall pay a penalty of fifteen
thousand
dollars ($15,000.00) into the Illinois Environmental
Protection Trust Fund within thirty
(30) days fromthe date on which the
Pollution Control
Board adopts a final order approving
this
Stipulation and Proposal for Settlement.
Payment shall
be
made by certified check or money
order,
payable
to the Treasurer of the State of Illinois, designated to the Environmental
Protection Trust Fund, and shall be sent by first class mail to:
Illinois Environmental Protection Agency
Fiscal
Services Section
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
7
Respondent’s Federal Employer Identification Number (“FEIN”) shall be written upon the
certified check or money order. Respondent’s FEIN is:_05—0471352
A copy of the payment transmittal and check shall be simultaneously submitted to:
Office of the Attorney General
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
C.
Respondent shall comply with Section
18 of the Act, 415
ILCS 5/18 (2000),
35
III.
Adm. Code 602.101, and shall cease and desist from violations ofany
other federal, state
or
local environmental statutes and
regulations,
including the Act and the Board
Rules and
Regulations.
X.
RIGHTOF ENTRY
In addition to any other authorityprovided by law and in compliance with 35
Ill. Adm.
Code 501.146, the Respondent shall allow duly authorized representatives of the Attorney
General and/or the Illinois EPA entry and access to those portions of the Respondent’s site
covered by this Stipulation and Proposal for Settlement
to
inspect and
investigate compliance
with the terms and
objectives of this Stipulation and
Proposal for Settlement, including, but not
limited to,
collecting samples, taking photographs, reviewing and
copying facility records and
other documents,
and inspecting equipment.
Xl.
COMPLIANCE WITH OTHER LAWS AND REGULATIONS
• This Stipulation
and
Proposal
for Settlement in no way affects
the responsibility of
Respondent to
comply with any federal,
state, or local regulations,
including
but not limited to
the Act, 415 ILCS 5/I
et seq.
(2000), and
the Board’s
Rules and
Regulations,
35
III. Adm.
Code, Subtitles A through
H.
8
WHEREFORE,
Complainant and
Respondent requests that the Board adopt and accept
the foregoing
Stipulationand
Proposal for Settlement as written.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS,
JAMES
E.
RYAN,
Attorney General
State of Illinois
•
MATTHEW J.
DUNN, Chief
Environmental Enforcement/Asbestos
Litigation Division
DATED:_______
BY:__________________
THOMAS
DAVIS, Chief
Assistant Attorney General
•
Environmental Bureau
ILLINOIS ENVIRONMENTAL
DATED:
cly’ôi
J
SEP
E.SVOBODA
~efLegal Counsel
Division of Legal
Counsel
TEXTRON AUTOMOTIVE EXtERIORS
DATED:_______
BY:
~
~&~&
Senior Vice President of Operations
9
