ILLINOIS POLLUTION CONTROL BOARD
    August 10, 2000
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    ESTATE OF LLOYD WIEMANN and CHERYL
    HALBROOKS,
    Respondents.
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    PCB 93-191
    (Enforcement - UST)
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    ESTATE OF LLOYD WIEMANN,
    Cross-Complainant,
    v.
    CHERYL HALBROOKS,
    Cross-Respondent.
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    PCB 93-191
    (Enforcement - UST)
    (Cross-Complaint)
    OPINION AND ORDER OF THE BOARD (by C.A. Manning):
    This matter is before the Board for approval of a proposed stipulation and settlement of this action in its
    entirety. For reasons explained below the Board accepts the stipulation and proposal for settlement filed by the
    parties.
    On October 8, 1993, the People of the State of Illinois filed a complaint against Lloyd Wiemann d/b/a
    Lloyd Wiemann Ice and Fuel Company (since replaced as a respondent by the Estate of Lloyd Wiemann) (Wiemann)
    and Cheryl Halbrooks (Halbrooks). In response to a motion by Wiemann by order of October 16, 1997, the Board
    acknowledged existence of a cross-complaint by Wiemann against Halbrooks and other respondents since dismissed
    from this action. The cross-complaint presently pending before the Board was filed on November 8, 1999, and
    accepted by the Board on December 2, 1999.
    The complaint alleges that respondents violated the Board’s regulations found at 35 Ill. Adm. Code
    731.162(a)(2)-(6), 731.162(b), and 731.163(a) and (b) by failing to perform spill abatement measures, failing to collect
    and/or submit a report summarizing abatement measures and provide information or data within 20 days after
    release confirmation, and failing to collect and/or submit required information within 45 days of the release
    confirmation. Wiemann’s cross-complaint alleges Halbrooks violated 35 Ill. Adm. Code 731.163(a) and (b) by failing
    to collect and/or submit required information within 45 days of the release confirmation.
    On June 28, 2000, complainant and respondents filed a stipulation and proposal for settlement. The
    proposed stipulation would settle both the complainants’ complaint against both respondents as well as the cross-
    complaint filed by Wiemann against Halbrooks.
    Pursuant to Section 31(c)(2) of the Environmental Protection Act (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
    Collinsville Journal
    and
    East St. Louis News
    2
    Journal
    on July 5, 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. The stipulation covers activities at two sites. Site One is
    a gasoline service station operated by Halbrooks in Collinsville, Marion County, Illinois. The station’s underground
    storage tank system (UST) was regularly refueled by Wiemann. Site Two is a UST system owned by Wiemann in
    Washington Park, St. Clair County, Illinois; Halbrooks had no involvement or liability at Site Two. At each site,
    petroleum from the UST system entered into the subsurface soils and/or groundwater.
    The stipulation recites, among other things, that “alleged violations have existed since April 1999 at Site
    One and February 1992 at Site Two and are ongoing, due to a dispute among the parties as to liability and
    apportionment of the same,” but also that respondents are currently working “to achieve compliance at all sites”
    (stip. at 5, para. 1, 2).
    Respondent Wiemann agrees to pay a civil penalty of $5,000 in two installments. The stipulation also sets
    out various compliance measures to be taken at both sites and various agreements between respondents (including
    agreements by Wiemann to pay certain sums to Halbrooks). Respondents 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.
    ORDER
    1.
    The Board hereby accepts the stipulation and settlement agreement executed by the People of the
    State of Illinois, the Estate of Lloyd Wiemann (Wiemann) and Cheryl Halbrooks (Halbrooks). The
    stipulation and settlement agreement is incorporated by reference as though fully set forth herein.
    2.
    The respondent Wiemann shall pay a civil penalty of $5,000 in two payments of $2,500. The first
    payment is due on or before September 9, 2000; the final payment shall be due on or before
    December 8, 2000. Such payment shall be made by certified check payable to the Illinois
    Environmental Protection Agency, designated to the Environmental Protection Trust Fund. The
    case number, case name, and the respondent’s estate identification number 37-6355917 shall also
    be included on the check and should clearly indicate that payment is directed to the Environmental
    Protection Trust Fund.
    3.
    The checks shall 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:
    Ms. Donna Lutes
    Office of the Attorney General
    Environmental Bureau
    500 South Second Street
    Springfield, Illinois 62706
    4.
    Any such penalty not paid within the time prescribed shall incur 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
    3
    hereafter amended, from the date payment is due until the date payment is received. Interest shall
    not accrue during the pendency of an appeal during which payment of the penalty has been
    stayed.
    5.
    Both respondents are to comply with all additional terms agreed upon in the settlement agreement
    which is incorporated by reference into this opinion and order.
    6.
    Respondents shall cease and desist future alleged violations of any federal, State, or local statutes
    and regulations.
    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 101.246, Motions for
    Reconsideration.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that the above opinion and
    order was adopted on the 10th day of August 2000 by a vote of 5-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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