RECEIVED
CLERK’S OFFICE
MAR.
1 02005
STATE OF ILLINOIS
OFFICE
OF THE ATTORNEY GENERAL
Pollution Control Board
STATE
OF ILLINOIS
Lisa Madigan
ATTORNEY GENERAL
March 7, 2005
The Honorable Dorothy Gunn
Illinois
Pollution
Control Board
James
R.
Thompson Center, Ste.
11-500
100 West
Randolph
Chicago,
Illinois 60601
Re:
People
v.
Village of North City, et al
PCB
No.
05-96
Dear Clerk Gunn:
Enclosed
for
filing
please
find
the
original
and
ten
copies
of
a
NOTICE
OF
FILING,
MOTION
FOR
RELIEF FROM HEARING REQUIREMENT and STIPULATION AND PROPOSAL
FOR
SETTLEMENT in
regard to the above-captioned matter.
Please file the originals and return
file-stamped
copies
of
the
documents
to
our
office
in
the
enclosed
self-addressed,
stamped
envelope.
Thank you for your cooperation
and consideration.
KL/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
•
‘IVY:
(312) 814-3374
•
Fax: (312)
814-3806
1001
East
Main, C~rhond~Ie,
Illinois
62001
•
(618)
529-6401)
•
i’l’Y
(618)
520—6403
•
Fax: (618)
529—6416
Kristen
Environmental Bureau
500
South
Second Street
Springfield,
Illinois 62706
(217)
782-9031
RECEIVED
BEFORE THE
ILLINOIS POLLUTION
CONTROL BOARD
CLERK’S OFFICE
PEOPLEOFTHESTATEOF
)
MAR
102005
ILLINOIS,
)
STATE OF ILLINOIS
)
Pollution
Control Board
Complainant,
)
VS.
)
PCB
No. 05-96
)
(Enforcement)
VILLAGE
OF NORTH
CITY,
an
)
Illinois
municipal’ corporation,
)
Respondent.
NOTICE OF
FILING
To:
Gary Szczeblewski
Attorney at
Law
111
E.
Franklin Avenue
P.O.
Box 564
Sesser,
IL 62884
PLEASE TAKE
NOTICE that on
this date
I
mailed for filing with the Clerk of the Pollution
Control Board of the State of Illinois, a
MOTION
FOR RELIEF FROM HEARING REQUIREMENT
and STIPULATION AND
PROPOSAL FOR SETTLEMENT, a copy of which is attached hereto and
herewith
served
upon you.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN,
Attorney General
of the
State
of Illinois
MATTHEW
J.
DUNN, Chief
-
Environmental
Enforcement/Asbestos
Litigatiol
BY~’
500 South
Second Street
Springfield,
Illinois
62706
217/782-9031
Dated:
March 7,
2005
Assistant Attorn
Environmental Bureau
CERTIFICATE OF
SERVICE
I
hereby certify that
I
did on
March 7, 2005,
send
by First
Class
Mail, with
postage thereon
fully prepaid,
by depositing
in a
United States
Post Office Box a true and correct copy of the
following instruments
entitled NOTICE OF FILING,
MOTION
FOR
RELIEF
FROM
HEARING
REQUIREMENT and
STIPULATION AND
PROPOSAL
FOR SETTLEMENT:
To:
Gary Szczeblewski
Attorney at
Law
111
E.
Franklin Avenue
P.O.
Box 564
Sesser,
IL 62884
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
A copy was also
sent by
First Class
Mail with
postage thereon fully prepaid
to:
Carol Webb
Hearing
Officer
Illinois
Pollution Control
Board
1021
North
Grand
Avenue East
Springfield,
IL 62794
~
This filing is submitted on recycled
paper.
BEFORE THE
ILLINOIS POLLUTION
CONTROL BOARD
RcE
D
PEOPLE
OF THE
STATE OF ILLINOIS,
)
MAR
102005
Complainant,
STATE
OF
ILLINOIS
v.
)
PCB
NO. 05-96
OIIUtiOfl Control Board
)
(Enforcement)
VILLAGE
OF
NORTH
CITY,
an
Illinois
municipal
corporation,
)
Respondent.
MOTION
FOR
RELIEF
FROM
HEARING
REQUIREMENT
NOW
COMES Complainant,
PEOPLE OF THE STATE
OF ILLINOIS,
by LISA
MADIGAN, Attorney General of the State of Illinois,
and pursuant
to Section
31(c)(2) of the
Illinois
Environmental
Protection Act (“Act”), 415 ILCS
5/31 (c)(2)
(2002),
moves that the
Illinois
Pollution
Control
Board grant the parties
in
the above-captioned matter relief from the hearing
requirement imposed
by Section 31(c)(1) of the
Act, 415
ILCS 5/31(c)(1) (2002).
In
support of
this motion,
Complainant states as follows:
1.
On
November
17, 2004,
Complainant filed
a Complaint with
the
Board,
alleging
violations
by the Respondent of the Illinois Environmental
Protection
Act and
Board
Regulations.
2.
The parties have
reached agreement on
all outstanding issues
in this matter.
3.
This agreement is presented to
the Board
in a Stipulation
and
Proposal for
Settlement, filed
contemporaneously with this
motion.
4.
All
parties agree that a hearing
on the Stipulation
and
Proposal for Settlement
is
not necessary,
and
respectfully request relief from such a
hearing
as allowed by
Section
31 (c)(2) of the Act, 415
ILCS 5/31 (c)(2)
(2002).
1
WHEREFORE, Complainant, PEOPLE
OF THE
STATE OF ILLINOIS,
hereby requests
that the Board
grant this motion
for relief from the hearing
requirement set forth
in
Section
31(c)(1) of the Act, 415 ILCS
5/31(c)(1)
(2002).
Respectfully submitted,
PEOPLE OF THE
STATE OF ILLINOIS
LISA MADIGAN
ATTORNEYGENERAL
MATTHEW J.
DUNN, Chief
Environmental Enforcement/Asbestos
Liti~tionDivision
BY~
500 South
Second Street
Springfield, Illinois
62706
217/782-9031
Dated:
March 7,
2005
Envil
Assistant Attorney General
2
RECEIVED
CLERK’S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL
BMARD1
02005
PEOPLE OF THE STATE OF ILLINOIS,
)
Polluton~~~d
Complainant,
PCB 05-96
v.
(Enforcement)
VILLAGE OF NORTH CITY,
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, the Illinois
Environmental Proteótion Agency
(“Illinois EPA”),
and Village of
North City
(“Responden~t”), have agreed to the making of this
Stipulation and Proposal for Settlement
(“Stipulation”)
and
submit it to the Illinois Pollution Control Board
(“Board”)
for
approval.
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 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
1
introduced into evidence in any other proceeding regarding the
claims asserted in the Complaint except
as otherwise provided
herein.
If the Board approves and enters this Stipulation,
Respondent agrees to be bound by the Stipulation and Board Order
and not to contest their validity in any subsequent proceeding to
implement or enforce their terms.
I.
JURISDICTION
The Board has jurisdiction of the subject matter herein and
of the parties consenfing hereto pursuant to the Illinois
Environmental Protection Act
(“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 they represent to
enter into the terms and conditions of this Stipulation and to
legally bind them to it.
III.
STATEMENT OF FACTS
A.
Parties
1.
On November 17,
2004,
a Complaint was filed on behalf
of the People of the State of Illinois by Lisa Madigan, Attorney
General of the State of Illinois, on her own motion and upon the
2
request of the Illinois EPA,
pursuant to Section 31 of the Act,
415 ILCS 5/31(2002),
against the Respondent.
2.
The Illinois EPA is an administrative agency of the
State of Illinois,
created pursuant to Section
4 of the Act,
415
ILCS 5/4
(2002)
3.
At all times relevant to the Complaint,
Respondent was
and is an Illinois municipal corporation.
B.
Site Description
At all times relevant to the Complaint,
the Village of North
City in Franklin County,
Illinois, had additions
to its drinking
water and wastewater systems designed and constructed.
The water
main installed in 1999 was not adequately separated from a sewer
force main installed in 1992.
Additionally, the sewage force
main and a sewage lift station were not included within the 1992
permit’s final plans and specifications submitted to the Illinois
EPA.
C.
Allegations of Non-Compliance
Complainant contends that the Respondent has violated the
following provisions of the Act and Board regulations:
Count
I:
Improper sewer construction,
in violation of
Section
12(c)
of the Act,
415 ILCS 5/12 (c) (2002)
and 35 Ill.
Adm. Code 309.202(a).
3
Count
II:
Improper water main construction,
in violation of
Section 18(a)
of the Act,
415 ILCS 5/18(a)
(2002), and 35 Iii. Adm.
Code 602.101(b)
and
653.119(b)
D.
Admission of Violations
The Respondent admits to the violations alleged in the
Complaint filed in this matter and referenced within Section
III.C herein.
IV.
APPLICABILITY
This Stipulation shall apply to and be binding upon the
Complainant and the Respondent,
and any officer, director,
agent,
or employee of the Respondent,
as
wel.l as any successors or
assigns of the Respondent.
The Respondent
shall not raise as a
defense to any enforcement action taken pursuant to this
Stipulation the failure of any of its officers,
directors,
agents,
employees or successors or assigns •to take such action as
shall be required to comply with the provisions of this
Stipulation.
V.
COMPLIANCE WITH OTHER LAWS AND REGULATIONS
This Stipulation in no way affects the responsibilities of
the Respondent
to comply with any other federal, state or local
laws or regulations including, ‘but not limited to, the Act and
the Board regulations,
35
Ill.
Adm.
Code,
Subtitles A thrOugh H.
4
VI.
IMPACT ON THE PUBLIC RESULTING FROM ALLEGED NON-COMPLIANCE
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 or deposits resulting from
such pollution source; and
5.
any subsequent compliance.
In response to these factors,
the parties state the
following:
1.
Human health and the environment were threatened by the
Respondent’ s violations.
2.
There are social and economic benefits as to the sewer
and water systems.
5
3.
The sewer and water systems are suitable for the area
in which such were installed.
4.
Adequate sewer/water separation, obtaining a permit
‘prior to construction and compliance with its terms are both
technically practicable and economically reasonable.
5.
The Respondent has subsequently come into compliance.
VII. 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 respondent
in attempting to comply
with requirements of this Act and regulations
thereunder or to secure relief therefrom as
provided by this Act;
3.
any economic benefits accrued by the respondent
because of delay in compliance with requirements,
in which case the economic benefits shall be
determined by the lowest cost alternative for
achieving compliance;
4.
the amount of monetary penalty which will serve to
deter further violations by the respondent and to
otherwise aid in enhancing voluntary compliance
with this Act by the respondent and other persons
similarly subject
to the Act;
6
5.
the number,
proximity in time,
and gravity of
previously adjudicated violations of this Act by
the respondent;
6.
whether the respondent voluntarily self-disclosed,
in accordance with subsection
i of this Section,
the non-compliance to the Agency;
and
7.
whether the respondent has agreed to undertake a
“supplemental environmental project,” which means
an environmentally beneficial project that a
respondent agrees to undertake
in settlement
of an
enforcement action brought under this Act,
but
which the respondent
is not otherwise legally
required to perform.
In response to these factors, the parties state
as follows:
1.
The Respondent failed to include the sewer force main
and a sewage lift station within the final plans and
specifications for the. sewer system improvements of the 1992
permit issued by the Illinois EPA.
In 1999,
the water main was
installed without adequate separation from~the sewage force main
and sewage lift station.
Both violations were of a serious
nature,
as the lack of separation between the drinking water and
sewage systems pose a risk to consumers should the subject water
and sewer mains leak.
2.
Compliance was achieved upon discovery of the
violation.
3.
No economic benefit was accrued.
4.
Complainant has determined,
based upon the specific
facts of this matter,
that a penalty of five hundred dollars
7
($500.00)
will serve to deter further violations and aid in
future voluntary compliance with the Act and Board regulations.
5.
Respondent has no prior adjudicated violations of the
Abt
and Board regulations.
6.
Self-disclosure
is not at issue in this matter
7.
The settlement of this matter does include a
supplemental environmental project
(SEP)
.
The SEP
is discussed
below
in Section VIII.A.
VIII.
TERMS
OF
SETTLEMENT
A.
Supplemental Environmental Project
1.
In order to promote the goals of the Act
t.o restore,
protect and enhance the quality of the environment,
Respondent
shall perform the following supplemental environmental project
(“SEP”)
.
The value of the SEP is five hundred dollars
($500.00).
The parties agree t~atthis SEP consists of a monetary donation
of five hundred dollars
($500.00)
to the Benton School District
Greening Program.
The Respondent
shall pay the donation to the
Benton School District Greening Program within thirty
(30)
days
from the date the Board~adopts and accepts this Stipulation.
The
SEP described in this Stipulation shall
be paid by certified
check, money order or electronic funds transfer payable to the
Benton Consolidated High School and submitted to:
Benton Consolidated High School
Attn:
Kathy Simmons
8
511 East Main Street
Benton,
IL
62812
A copy of the certified check, money order or record of
electronic funds transfer and any transmittal
letter shall be
sent to:
Ms. Kristen Laughridge
Environmental Bureau
Attorney General’s Office
500 South Second Street
Springfield,
Illinois
62702
Ms. Joey Logan-Wilkey
Assistant Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield,
Illinois 62794-9276
Penalty Payment
1.
The Respondent shall pay a civil penalty in the sum of
five hundred dollars
($500.00) within thirty
(30)
days from the
date the Board adopts and accepts this Stipulation.
The penalty
described in this Stipulation shall be paid by certified check,
money order or electronic funds transfer payable’ to the Illinois
EPA, designated to the Illinois Environmental Protection Trust
Fund and submitted to:
Illinois Environmental Protection Agency
Fiscal Services Section
1021 North Grand Avenue East
P.O. Box 19276
Springfield.,
IL 62794-9276
9
The name and
number
of
the
case and Respondent’s Federal Employer
Identification Number (FEIN),31
LO~3Vfl~p,
shall appear
on
the
check.
A copy of the certified check,, money order orrecord
of
electronic
funds
transfer
and
any
transmittal
letter
shall
be
sent to:
Ms.
Kristen Laughridge
Environmental Bureau
Attorney General’s Office
500 South Second Street
Springfield,
Illinois
62702
Ms. Joey Logan-Wilkey
Assistant Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O.
Box
19276
Springfield,
Illinois 62794-9276
2.
Pursuant to Section.42(g)
of the Act,
415 ILCS 5/42(g)
(2002),
interest shall accrue on anypayment
not paid within the
time period prescribed above at the maximum rate allowable under
Section 1003(a)
of the Illinois Income Tax Act,
35
ILCS 5/1003
(2002)
.
Interest on any unpaid payment shall begin to accrue
from the date the payment
is due and continue to accrue until the
date payment is received.
3.
For purposes of payment and collection,
Respondent may
be reached at the following address:
Mr. Gary Szczeblewski
Attorney
at
Law
ill
E.
Franklin
Ave.
P.O.
Box
564
Sesser,
IL
62884
10
4.
In the event of default of this Section VIII.A,
the
Complainant shall be entitled to all available relief including,
but not limited to, reasonable costs
of collection and reasonable
attorney’s fees.
B.
Compliance Plan
The site has since been brought into compliance by the
Respondent.
C.
Future
Use
Notwithstanding any other language in this Stipulation to
the contrary,
and in consideration of the mutual promises and
conditions contained in this Stipulation,
including the Release
from Liability contained in Section VIII.E,
below,
the Respondent
hereby agrees that this Stipulation may be used against the
Respondent in any subsequent enforcement action or permit
proceeding as proof of a past adjudication of violation of the
Act and the Board Regulations promulgated thereunder for all
violations alleged in the Complaint in this matter,
for purposes
of Section 39(a)
and
(i) and/or 42(h)
of the Act,
415 ILCS
5/39(a)
and(i)
and/or 5/42(h) (2002).
Further, Respondent agrees
to waive any rights to contest,
in any subsequent enforcement
action or permit proceeding,
any allegations that these alleged
violations were adjudicated.
D.
Cease and Desist
11
The Respondent
shall cease and desist
from future violations
of the Act and Board Regulations that were the subject matter of
the Complaint as outlined in Section III.C
(“Allegations of Non-
Compliance”)
of this Stipulation.
E.
Release from Liability
In consideration of the Respondent’s payment of the $500.00
SEP,
$500.00 penalty and any specified costs and accrued
interest,
completion of all activities required hereunder,
to
Cease and Desist as contained in Section VIII.D and upon the
Pollution Control Board’s acceptance and approval of the terms of
this Stipulation and Proposal for Settlement,, 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
fl
than those expressly specified in Complainant’s Complaint.
The
Complainant reserves, and this Stipulation is without prejudice
to, all rights of the State
of Illinois against the Respondent
with respect to all other matters,
including but not limited to,
the following:
a.
criminal liability;
b.
liability for future violation of state,
federal,
local, and common laws and/or regulations;
12
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, or entity other than the
Respondent.
F.
Enforcement of Board Order
1.
Upon the entry
of the Board’s Order approving and
accepting this Stipulation and Proposal for Settlement,
that
Order is a binding and enforceable order of the Illinois
Pollution Control Board and may be enforced as such through any
and all available means.
2.
Respondent agrees that notice of any subsequent
proceeding to enforce the Board Order approving and accepting
this Stipulation and Proposal for Settlement may be made by mail
and waives any requirement of service of process.
3.
The parties agree that,
if the Board does not approve
and accept this Stipulation and Proposal for Settlement,
then
neither party is bound by the terms herein.
13
4.
It
is the intent of the Complainant and Respondent that
‘the provisions of this Stipulation and Proposal for Settlement
and any Board Order accepting and approving such shall be
severable,
and should any provision be declared by a court of
competent jurisdiction to be inconsistent with state or federal
law, and therefore unenforceable,
the remaining clauses shall
remain in full force and effect.
14
WHEREFORE,
Complainant and Respondent request
that the Board
adopt and accept the foregoing Stipulation and Proposal for
Settlement as written.
PEOPLE OF THE STATE OF ILLINOIS,
LISA
MADIGAN
Attorney General
State of
Illinois
MATTHEW J.
DUNN,
Chief
Environmental Enforcement/
Asbestos Litigation Division
BY:
________________________
DATE:
1/
THOMAS DAVIS,
Chief
Environmental Bureau
Assistant Attorney General
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY
BY:
___________
DATE:
~
~.
2~
William D.
Ingersoll
Actin~Chief Legal Counse
VILLAGE OF NORTH CITY
BY:
~
DATE:
?-
/
ô ~
Name:
PiYE’~
~S(,~h1”~O
Title
:~ft44~/
~
&~
15
