ILLINOIS POLLUTION CONTROL BOARD
    January 18, 2001
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    MARATHON OIL COMPANY,
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    PCB 01-92
    (Enforcement - Public Water Supply)
    OPINION AND ORDER OF THE BOARD (by C.A. Manning):
    On December 11, 2000, the People of the State of Illinois (People) filed a two-count
    complaint against respondent Marathon Oil Company (Marathon), a gasoline station operator.
    The complaint alleges Marathon caused or allowed violations of groundwater quality standards
    and failed to implement a corrective action plan at its facility located at 200 West Edwards
    Street, Springfield, Sangamon County, Illinois. These activities were in alleged violation of
    Sections 12(a) and (d) of the Environmental Protection Act (Act) (415 ILCS 5/12(a), (d)
    (1998)) and the Board’s groundwater quality and waste disposal regulations at 35 Ill. Adm.
    Code 620.115, 620.302(c), 620.405, 620.410(c), 620.420(c), and 731.166(c).
    Also on December 11, 2000, the parties filed a joint stipulation and proposal for
    settlement, accompanied by a motion requesting relief from the hearing requirement of Section
    31(c)(1) of the Act (415 ILCS 5/31(c)(1) (1998)). Pursuant to Section 31(c)(2) of the Act (415
    ILCS 5/31(c)(2) (1998)), the Board caused publication of the required newspaper notice of the
    stipulation and proposal for settlement and request for relief from the hearing requirement.
    The notice appeared in
    The State Journal Register
    on December 15, 2000. The Board did not
    receive any requests for hearing. Accordingly, the Board grants a waiver from the hearing
    requirement.
    The stipulation and proposal for settlement sets forth the facts relating to the nature,
    operations, and circumstances surrounding the allegations in the complaint. Marathon neither
    admits nor denies the allegations, but agrees to pay a civil penalty of $22,000.
    The Board accepts the stipulation and proposal for settlement filed by the parties in this
    matter. Marathon must continue to comply with any federal, State, or local regulations
    including, but not limited to, the Act and the Board’s regulations.
    This opinion constitutes the Board’s findings of fact and conclusions of law in this
    matter.
    2
    ORDER
    1.
    The Board hereby accepts the stipulation and settlement agreement executed by
    the People of the State of Illinois and Marathon Oil Company (Marathon). The
    stipulation and settlement agreement is incorporated by reference as though fully
    set forth herein.
    2.
    Marathon must pay a civil penalty of $22,000. Payment must be made within
    30 days of the date of this order, that is, on or before February 17, 2001. Such
    payment must be made by company check payable to the Treasurer of the State
    of Illinois, for deposit in the Environmental Protection Trust Fund. The case
    number, case name, and Marathon’s federal employer identification number 25-
    1410539 must also be included on the company check and clearly indicate that
    payment is directed to the Environmental Protection Trust Fund.
    3.
    The check or money order must be sent by first class mail to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
    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
    4.
    Any such penalty not paid within the time prescribed incurs interest at the rate
    set forth in subsection (a) of Section 1003 of the Illinois Income Tax Act, (35
    ILCS 5/1003 (1998)), as now or hereafter amended, from the date payment is
    due until the date payment is received. Interest does not accrue during the
    pendency of an appeal during which payment of the penalty has been stayed.
    5.
    Marathon must cease and desist future alleged violations of any federal, State,
    or local statutes and regulations.
    6.
    Within 270 days from the date of this order, that is, on or before October 15,
    2001, Marathon must submit to the Agency an amended corrective action
    completion report (CACR) or an addendum to its previously submitted CACR
    for the site. If Marathon is unable to submit such amended CACR or addendum
    3
    within such timeframe, Marathon may request, in writing, an extension of time
    from the Agency. The Agency may, in its reasonable discretion, grant such
    extension request.
    7.
    If the Agency rejects the amended CACR or the addendum to the CACR,
    Marathon must, within 90 days or such longer period as determined by the
    Agency, submit a revised CACR which satisfactorily addresses all of the
    comments set forth in the Agency’s rejection letter.
    8.
    Upon approval of a CACR by the Agency, the Agency must issue a No Further
    Remidiation (NFR) letter to Marathon. Within 45 days of its receipt of the NFR
    letter, Marathon must record the NFR letter with the Sangamon County
    Recorded of Deeds.
    9.
    In consideration of Marathon’s undertakings outlined above and its payment of
    the penalty as set forth above and, except as specifically provided below, the
    State covenants not to sue or to take administrative action against Marathon, its
    successors, parent subsidiaries, affiliates and assigns, and their respective
    officers, employees, and agents for covered matters.
    10.
    Covered matters are limited to any claim or claims arising out of, in connection
    with, related to, or concerning any violations of the Act (415 ILCS 5/1
    et seq.
    (1998)), and the regulations promulgated thereunder, as alleged or asserted in
    the complaint. The People also covenants that it will not sue or take
    administrative action under federal law for such claims and matters. This
    covenant not to sue is conditioned upon the complete and satisfactory
    performance by Marathon of its obligations under the stipulation and proposal
    for settlement. The covenant not to sue does not pertain to any other matters.
    The People reserve the right and this order is without prejudice to all rights
    against Marathon with respect to all other matters, including but not limited to,
    the following:
    a.
    Criminal liability;
    b.
    Claims based upon a failure by Marathon to meet the requirements of
    this order;
    c.
    Liability for future violation of State, local, federal, and common laws
    and/or regulations; and
    d.
    Natural resource damages.
    11.
    Except as provided above, this order is in no way to be construed as or deemed
    to be evidence of any admission of fact or law, or wrongdoing by Marathon.
    4
    Except as provided above, it must not be introduced for any purpose in any
    court or administrative body without written approval of the other party.
    12.
    Any dispute regarding the stipulation and proposal for settlement and its terms,
    any application, plan, record or report required thereunder, or with respect to
    any party’s compliance herewith or any delay thereunder shall in the first
    instance be the subject of informal negotiations between the parties. If the
    parties cannot resolve the dispute within 30 days, each party may pursue any
    available remedy.
    13.
    Any failure by Marathon to comply with any requirements of the stipulation and
    proposal for settlement shall not be a violation if such failure is the result of
    actions by persons or events beyond the reasonable control of Marathon,
    including, but not restricted to, acts of God, acts of other parties, fires, floods,
    strikes, freight embargoes, or delays of contractors due to such causes. When,
    in the opinion of Marathon, circumstances have occurred which cause or may
    cause violation of any provision of the stipulation and proposal for settlement,
    Marathon must notify the Agency in writing as soon as practicable, but not later
    than 30 calendar days after obtaining knowledge of the occurrence of the event
    giving rise to such claim. Increased costs associated with implementing the
    measures required by the stipulation and proposal for settlement must not, by
    themselves, excuse Marathon from a failure to comply under the provisions of
    this paragraph.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1998)) provides for
    the appeal of final Board orders to the Illinois Appellate Court within 35 days of the date of
    service of this order. Illinois Supreme Court Rule 335 establishes such filing requirements.
    See 172 Ill. 2d R. 335; see also 35 Ill. Adm. Code 101.520, Motions for Reconsideration.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above opinion and order was adopted on the 18th day of January 2001 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

    Back to top