RECE~VED

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

CLERK’S OFFICE

PEOPLE OF THE STATE OF ILLINOIS,

)

JAN 272005

STATE OF ILLINOIS

Complainant,

)

PoIIut~onControl Board

vs.

)

No.

PCB

(Enforcement)

VILLAGE

OF

CAPRON,

an

Illinois

municipal corporation,

NOTICE OF FILING

PLEASE TAKE NOTICE that we have today, January 27,

2005,

filed with the, Office of the Clerk of the Illinois Pollution

Control Board an original and nine copies of our Stipulation and

Proposal for Settlement,

a copy of which is attached herewith and

served upon you.

PEOPLE OF THE STATE OF ILLINOIS

LISA MADIGAN

Att rney Gener

1 of the

BY:___

CHRISTOPHER GRANT

Assistant Attorney General

Environmental Bureau

188 W. Randolph St.,

20th

Fir.

Chicago,

IL 60601

(312)

814-5388

---

RECE~VED

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

CLERK’S OFFICE

JAN

27

20D5

PEOPLE OF THE STATE OF ILLINOIS,

STATE OF ILLINOIS

Complainant,

)

Pollution

Control Board

vs.

)

No.

PCB 05-008

(Enforcement)

VILLAGE OF CAPRON,

an Illinois

municipal corporation,

Respondent.

MOTION TO REQUEST RELIEF FROM HEARING REQUIREMENT

NOW COMES the Complainant,

PEOPLE OF THE STATE OF ILLINOIS,

by LISA

MADIGAN,

Attorney General of the State of Illinois,

and

requests relief from the requirement

of

a hearing in this matter.

In support thereof,

the Complainant states as follows:

1.

On July 20,

2004,

Complainant filed its one-count

complaint against the Respondent,

alleging violation of

regulations applicable to public water supplies.

Since that date,

the Respondent has come into compliance with these regulations.

2.

Along with this Motion,

Complainant

is filing a

Stipulation and Proposal for Settlement executed between

Complainant and the Respondent, VILLAGE OF CAPRON.

3.

Section 31 of the Act,

415 ILCS 5/31

(2002)

,

provides,

in

pertinent, part,

as follows:

*

*

*

(c) (2)

Notwithstanding the provisions of subdivision

(1)

of this subsection

(c)

,

whenever a complaint has

been filed on behalf of the Agency or by the

People of the State of Illinois,

the parties may

file with the Board a stipulation and proposal for

—1—

---

settlement accompanied by a request for relief

from the requirement of a hearing pursuant to

subdivision

(1).

Unle~sthe Board,

in its

discretion,

concludes that a hearing will be held,

the Board shall cause notice of the stipulation,

proposal and request for relief, to be published

and sent in the same manner as

is required for

hearing pursuant to subdivision

(1)

of this

subsection.

The notice shall include a statement

that any person may file a written demand for

hearing within 21 days after receiving the notice.

If any person files

a timely written demand for

hearing, the Board shall deny the request for

relief from a hearing and shall hold a hearing in

accordance with the provisions of subdivision

(1)

*

*

*

4.

No hearing is now scheduled in this matter.

5.

Complainant,

PEOPLE OF THE STATE OF ILLINOIS,

hereby requests relief from the requirement of a hearing pursuant

to 415

I’LCS 5/31(c)

(2)

(2002)

Respectfully submitted,

PEOPLE OF THE STATE OF ILLINOIS

by LISA MADIGAN,

Attorney General

of the

State of Illinois

MATTHEW J.

DUNN,, Chief

Envi onmental E forcement/Asbestos

BY:

L~

1~

CHRIST

PHEP.. GRANT

Assistant Attorney General

Environmental Bureau

188 W. Randolph St.,

#2001

Chicago,

Illinois

60601

(312)

814-5388

-2-

---

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

PEOPLE OF THE.STATE OF ILLINOIS,

Complainant,

vs.

)

No.

PCB 05-008

(Enforcement)

VILLAGE OF CAPRON, an Illinois

municipal corporation,

Respondent.

STIPULATION AND PROPOSAL FOR SETTLEMENT

ComplaInant,

PEOPLE OF THE STATE OF

ILLINOIS, by LISA

MADIGAN, Attorney General of the State of

Illinois,

at the~

request of the Illinois Environmental Protection Agency,

and

Respondent,

VILLAGE OF CAPRON,

an Illinois municipal corporation,

do hereby agree to this Stipulation and Proposal for Settlement

(“Stipulation”)

.

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 party has

entered into this Stipulation, nor any of the facts stipulated

herein,

shall be introduced into evidence in this or any other

proceeding except to enforce the terms of this agreement..

Notwithstanding the previous sentence, this Stipulation, and

proposal for Settlement and any Illinois Pollution Control Board

-1-

---

(“Board”)

order accepting same may be used in any future

enforcement action as ‘evidence of a past adjudication of

violation of the Illinois Environmental Protection Act

(“Act”)

for purposes of Sections 39(i)

and

42’(h)

of the Act, 415 ILCS

5/39(i)

and

5/42

(h)

(2002).

I.

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.

(2002)

.

II.

AUTHORIZATION

The undersigned representatives for each party certify that

they are fully authorized by the party whom theyrepresent to

enter into the terms and conditions of this 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 the Respondent,

and each

of them, and on any officer,

director,

agent,

employee or servant

of the 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 officers,

directors,

agents,

servants, or employees of either

-2-

---

Respondent to take such action as shall be required to comply

with

the

provisions

of

this

settlement.

-

Iv.

STATEMENT OF FACTS

A.

Parties

.

1.

The Attorney General of the State of Illinois brought

this action on her own,motion,

as well as at the request of the

Illinois Environmental Protection Agency

(“Illinois EPA”),

pursuant.to the statutory .authority vested in her under Section

31 of the Act,

415 ILCS 5/31

(2002)

2.

Illinois EPA is an agency of the State of Illinois’

created pursuant to Section 4 of the Act,

415 ILCS 5/4

(2002),

and is charged,

inter alia,

‘with the duty of enforcing the Act.

3.

Respondent,

VILLAGE OF CAPRON (“Capron”),

is an

Illinois municipal corporation,

located in Boone County,

Illinois.

B.

Facility Description

Capron is the owner and operator of a municipal potable

water supply and distribution system,

serving approximately 960

people on a year-round basis.

Respondent Capron is required by

applicable regulations to provide its customers with annual

reports related to operations of its public water supply,

and the

quality of water supplied during the previous calender year.

In

addition, Capron is required to submit similar reports to

Illinois EPA.

‘

.

‘

-3-

---

c.

Noncompliance

Complainant has alleged the following violations of the Act

against the Respondent:

COUNT

I:

FAILURE

TO

PREPARE

AND

DISTRIBUTE

CONSUNER

CONFIDENCE

REPORTS,

violation

of

415

ILCS

5/lB(a)((2002),

and 35

Ill. Adm.

Code,

Sections

611.882 and 611.885.

D.

Response to allegations

The Respondent admits to the violations alleged in the

Complaint filed in this matter and referenced herein.

V.

Section 33 (c)

of the Act,

415 ILCS 5/33 (c)

(2002)

,

provides

as

follows:.

In making its orders and determinations,

the Board shall

take into consideration all the facts and circumstances

bearing

upon

the

reasonableness

of

the

emissions,

discharges,

or

deposits

involved

including,

but

not

limited to:

1.

the

character

and

degree

of

injury to,

or

interference with

the protection

of

the

health,

general

welfare

and

physical

property

of

the

people;

2.

the social and economic value of the pollution

source;

3.

the suitability or unsuitability of the pollution

source

to

the

area

in

which

it

is

located,

including the question of priority of location in

the area involved;

.

4.

the

technical

practicability

and

economic

reasonableness

of

reducing

or

eliminating

the

emissions,

discharges

ordepositä

resulting

from

such

pollution

source;

and

-4-

---

5.

any subsequent compliance.

The parties mutually state as follows:

1.

Character and Degree of Injury:’

‘As a result of the alleged violations,

users of Respondent’s

water system were not provided with timely and accurate

information regarding water quality and/or possible operational

problems which could affect potable water suppled to local hothes

and businesses.

In addition,

Illinois EPA’S oversight role was

impaired by the Respondent’s failure to provide required

information.

2.

Social and Economic Benefit:

The parties agree that operation of Respondent’s municipal

public water supply is of social and economic benefit.

3.

Suitability to

the

Area:

The Respondent’s public water supply is both suitable and

necessary to the area.

.4.. ....Te.chnjcai..Practicabjljty;

.,,

.

-.

—

,_,,,~

—

Providing required reports to users and to Illinois EPA is

both technically practicable and economically reasonable.

5.

Subsequent Compliance:

Respondent has now provided required Consumer Confidence

Reports to users of its system,

and has verified such to Illinois

EPA.

.

.

-5-

---

VI.

CONSIDERATION OF SECTION 42(h)

FACTORS

Section 42(h)

of the Act, 415 ILCS 5/42(h) (2002)

,

provides

as follows:

In

determining

the

appropriate

civil

penalty

to

be

imposed under

.

.

.

this Section, the Board is authorized

to

consider

any

matters

of

record

in

mitigation

or

aggravation

of

penalty,

including

but not limited to the

following factors:

1.

,

the duration and gravity of the violation;

2.

the presence

or

absence

of

due diligence

on the

part of

the violator in attempting to comply with

requirements of this Act and regulations thereunder

or to

secure relief therefrom as provided by this

Act;

3.

any

economic

benefits

accrued

by

the,

violator

because

of delay

in compliance with requirements,

in

which

case

the

economic

benefits

shall

be

determined

by

the

lowest

cost

alternative

for

achieving compliance;

4.

the amount of monetary penalty which will serve to

deter

further violations

by

the violator

and

to

otherwise

aid

in

enhancing

voluntary compliance

with

this Act by the violator

and other persons

similarly subject to the Act;

5.

the

number,

proximity

in

time,

and

gravity

of

previously

adjudicated violations

of

this Act by

the violator.

‘

6.

whether the respondent voluntarily self-disclosed,

in accordance with subsection

(i)

of this, Section,

the non-compliance to the Agency; and

7.

whether the

respondent has

agreed to undertake

a

“supplemental environmental project,” which means an

environmentally beneficial project that a respondent

agrees to undertake in settlement of an enforcement

action

brought

under

this

Act,

but

which

the

respondent

is

not

otherwise

legally

required

to

perform.

-6-

---

1.

Duration and Gravity of the Violation:

The violations continued from July, 2003 until September,

2004.

2.

.

Diligence of Respondent:

The Respondent did not demonstrate, diligence in responding

to

the notice of violation.

However,

the Respondent came into

compliance following the filing of this enforcen~entaction.

3.

Economic

Benefit of Noncompliance:

Complainant

doe,s not believe that the Respondent derived

any significant economic benefit from its noncompliance.

4.

Deterrence:

A penalty of One Thousand Dollars

($1,000.00)

against, the

Respondent will deter future noncompliance by the Respondent and

others.

5.

Compliance History:

The Respondent has one previously adjudicated violation.

On

fleceer2-7~,2~04...~

t.hep.a~ties.......ent.ere

~

~

-

Circuit

Court of Boone County,

case No.

00 CH 145.

The consent

order resolved violations of the Act relating to Respondent’s

sewage treatment plant.

There are no p,reviously adjudicated

violations relating to Respondent’s public water supply.

6.

Voluntary self-disclosure:

The Respondent did not voluntarily self-disclose the

-7-

---

violations.

7.

Supplemental Environmental Project

,

No SEP has been proposed by the Respondent.

‘VII.

TERMS OF ‘SETTLEMENT

1.

The Respondent shall pay a civil penalty of One Thousand

Dollars

($1,000.00)

within thirty

(30)

days of the date on which

the 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 Illinois EPA, designated for

deposit into the Environmental Protection Trust Fund, and shall

be sent by first class mail

to:

Illinois Environmental’ Protection Agency

Fiscal Services

1021 North Grand Avenue East

P.O. Box 19276

Springfield,

IL

62794-9276

2.

The case name,

case number,

and Respondent’s Federal

Employer Identification (“FEIN”) number shall be written on the

face

if

the

certified

check

or

money

order.

For issues relating

to the payment of the penalty,

the Respondent may be reached at

-.

-‘

the following addresses:,

Village of Capron

120 South 4th Street

Capron,

Illinois

61012

A copy of the certified check’or money order, and all

related correspondence,

shall be sent by first class mail to:

Christopher Grant

—8-

---

Assistant Attorney General

En~rironmentalBureau

188 West Randolph, 20” Fir.

Chicago,

Illinois 60601

3.

Pursuant to Section 42(g)

of the Act,

415 ILCS 5/42(g)

(2002),

interest shall accrue on any penalty amount owed by the

Respondent not paid within the time prescribed herein,

at the

maximum rate allowable under Section 1003(a)

of the Illinois

Income Tax Act,

35 ILCS 5/1003 (a) (2002)

4.

Interest on unpaid penalties shall begin to accrue from

the date the penalty is due and continue to accrue to the date

payment

is received by the Illinois

EPA.

5.

Where partial payment is made on any penalty amount

that’ is due,

such partial payment shall be first applied to any

interest on unpaid penalties then owing.

6.

All interest on penalties owed the Complainant shall be

paid,by certified check or money order payable to the Illinois

EPA for deposit in the EPTF at the above-indicated address.

The

name,

case number,

and the Respondent’s FEIN number shall appear

on the face of the certified check or money order.

A copy of the

certified

check

or

money

order

and

the

transmittal

letter

shall

be. sent to:

Christopher

Grant

Assistant

Attorney

General

(or

other

designee)

Environmental Bureau

188 W.

Randolph

St.,

~

Floor

Chicago,

Illinois 60601

-9-

---

VIII.

,

CEASE AND DESIST

.

Respondent

shall cease and desist from future violations of

the Act and Board regulations, including but not limited to,

those sections of the Act and Board regulations that were the

subject matter of the complaint as outlined in Section IV.C.

of

this Stipulation and Proposal for Settlement.

Ix.

COMPLIANCE WITH OTHER LAWS AND REGULATIONS

This Stipulation and Proposal for ‘Settlement in no way

affects the Respondent’s responsibility to comply with any other

federal state or local regulations,

including but not limited to

the Act and Board regulations.

x.

Release from Liability

In consideration of the Respondent’s payment of a One

Thousand Dollar

($1,000.00) penalty,

and Respondent’s commitment

to cease and desist from future violations,

the Complainant

releases, waives and discharges the Respondent from any further

liability or penalties for violations of the Act and Board

Regulations that were

the

subject

matter

of the Complaint herein.

The release set forth above does not extend to any matters other

than those expressly specified in Complainant’s Complaint, filed

on July 20,

2004. The Complainant reserves,

and this Stipulation

is without prejudice to,

all rights of the State of Illinois

against

the

Respondent

with

respect

to all other matters,

-10-

---

including

but

not

limited

to,

the

following:

a.

criminal liability;

b.

liability

for

future

violation

of

state,

federal,

local,

and common laws and/or regulations;

c.

liability for natural resources damage arising out of

the alleged violations; and

d.

liability or claims based on the Respondent’s

failure

to satisfy the requirements of this Stipulation.

Nothing in this Stipulation is

intended

as

a

waiver,

discharge,

release, or covenant not to sue for any claim or cause

of action, administrative or judicial,

civil or criminal,

past or

future,

in law or in equity,

which. the State of Illinois or the

Illinois EPA may have against any person,

as defined by Section

3.315 of the Act,

415 ILCS 5/3.315

(2002),

or entity other than

the Respondent.

WHEREFORE,

Complainant and Respondent request that the Board

adopt and accept the foregoing Stipulation and Proposal

for

Settlement as written.

-11-

---

FOR THE COMPLAINANT:

PEOPLE OF THE STATE OF ILLINOIS

by

LISA

MADIGAN,

Attorney General

of the

State of Illinois

MATTHEW J.

DUNN,

Chief

Environmental Enforcement!

Asbestos Litigation Division

BY:

ROSEMARIE CAZEAU,

C

Environmental ~ureau

Assistant Attorney General

DATE:,

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

BY:

-

JOSEPH

E. SVOBODA

Chief Legal

Counsel

TITLE:

DATE:

/z/2

9/c

~7L.

-12-

---

FOR THE RESPONDENT:

VILLAGE

OF

CAPRON

BY:

Title:

//2L,qs6

7à~c~

DATE:

-13-

---

BEFORE THE ‘ILLINOIS POLLUTION CONTROL BOARD

PEOPLE OF THE STATE OF ILLINOIS,

Complainant,

)

C,

vs.

)

No. PCB

(~A~

(Enforcement)

VILLAGE OF CAPRON,

an Illinois

municipal corporation,

Respondent.

CERTIFICATE

OF

SERVICE

I,

CHRISTOPHER GRANT,

an attorney,

do certify that I caused

to be served this 27th day of January,

2005,

the foregoing

Stipulation and Proposal for Settlement and Notice of Filing upon

the person listed below, by placing same in an envelope bearing

sufficient postage with the United States Postal Service located

at 100

W. Randolph,

Chicago Illinois

Service List:

Mr. R.C. Pottinger

Barrick

Switzer

et’ al

One Madison Street

Rockford,

IL 61104

Mr. Bradley

P. Halloran

Hearing Officer

Illinois Pollution Control Board

by

hand

delivery

The Honorable John Ustich,

President

The Village of Capron

to:

CHRISTOPHER

GRANT