RECEIVED
CLERK’S
OFFICE
DEC17
2001
BOARISTAFE
OF IWNOIS
Pollution
Control
Board
vs.
)
PCB 01-66
CANELOT ENTERPRISES,
INC.,
an Illinois Corp.,STEPHEN EINFELDT
individually and as president of
CAIVIELOT ENTERPRISES,
INC.,
IVEN JOHNSON individually
and as co-owner of CAMELOT
ENTERPRISES,
INC.,
Respondents.
NOTICE
OF FILING
TO:
See
Attached Service List
PLEASE TAKE NOTICE that on the 17th day of December,
2001,
I
filed with the Clerk of the Illinois Pollution Control Board a
Stipulation and Proposal for Settlement and a Motion to Request
Relief From Hearing Requirement,
copies of which are attached
hereto and hereby served upon you.
PEOPLE OF THE STATE OF ILLINOIS,
JAMES
E. RYAN
Attorney General
of the
State of Illinois
BY:
_________
MIKE M~CKOFF
Assista~itAttorne~TGeneral
Environmental Bure
U
188 W. Randolph St., 20th Fl.
Chicago,
Illinois 60601
(312)
814-2381
December 17,
2001
PEOPLE OF THE STATE OF
ILL,
)
Complainant,
THIS FILING IS SUBMITTED ON RECYCLED PAPER
CLERK’S
OFFICE
DEC17 2001
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
STAIEQHLIJNOIS
Pollution ControlBcard
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
vs.
)
PCB 01-66
CAMELOT ENTERPRISES,
INC.,
an Illinois Corp.,STEPHEN EINFELDT
individually and as president of
CAMELOT ENTERPRISES,
INC.,
IVEN JOHNSON individually
and as co-owner of CAMELOT
ENTERPRISES,
INC.,
Respondents.
MOTION TO REQUEST RELIEF
FROM HEARING REQUIREMENT
NOW COMES the Complainant,
PEOPLE OF THE STATE
OF
ILLINOIS,
by
JAMES
E.
RYAN, Attorney General of the State of Illinois,
and
requests relief from the hearing requirement
in the above
captioned matter.
In support thereof, the Complainant states
as
follows:
1.
On December 17,
2001,
a Stipulation and Proposal for
Settlement
in this case was filed before the Board.
2.
Section 31 of the Environmental Protection Act,
415
ILCS 5/31
(2000) (“Act”)
provides,
in pertinent part,
as follows:
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 settlement accompanied
by a request for relief for the requirement of a
hearing pursuant to subdivision
(1)
.
Unless the 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)
415 ILCS 5/31(c) (2) (2000)
3.
No hearing is currently scheduled in the instant case.
4.
The Complainant requests the relief conferred by
Section 31(c)
(2)
of the Act.
WHEREFORE,
the Complainant,
PEOPLE OF THE STATE OF ILLINOIS,
by JAMES
E. RYAN, Attorney General
of the State of Illinois,
requests relief from requirement of a hearing pursuant to 415
ILCS 5/31(c) (2) (2000)
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
JAMES
E.
RYAN,
Attorney General of the
State of Illinois
BY:
______________________
MIKE
CKOFF
Assist nt Attorn~TGeneral
Environmental Bu~eau
188 W. Randolph St.
-
20th Fl.
Chicago, Illinois 60601
(312)
814-2381
~~CEJVE~
CLERI’s
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
fj~j~
1 ~2001
PEOPLE OF THE STATE OF ILLINOIS,
)
STATE °FIWNOIS
Pollut~0,,Control
Board
Complainant,
vs.
)
PCE 01-66
CAMELOT ENTERPRISES,
INC.,
an Illinois Corp.,STEPHEN EINFELDT
individually and as president of
CAMELOT ENTERPRISES,
INC.,
IVEN JOHNSON individually
and as co-owner of CAMELOT
ENTERPRISES,
INC.,
Respondents.
STIPULATION AND PROPOSAL FOR SETTLEMENT
Complainant,
PEOPLE OF THE STATE OF ILLINOIS, by JAMES B.
RYAN,
Attorney General of the State of Illinois,
at the request
of the Illinois Environmental Protection Agency
(“Illinois EPA”),
and Respondents,
CAMELOT ENTERPRISES,
INC.,
(“Camelot”),
STEPHEN
EINFELDT,
individually,
and as president of Camelot, and IVEN
JOHNSON, individually, and as co-owner of Camelot,
do hereby
agree to this Stipulation and Proposal for Settlement
(“Agreement”)
.
The parties further stipulate that this statement
of alleged facts
is made and agreed upon for purposes of
settlement only and that neither the fact that a party has
entered into this Agreement,
nor any of the alleged facts
1
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
(“Board”)
order accepting same may be
used in any future enforcement action by Complainant as evidence
of
a past adjudication of the Illinois Environmental Protection
Act
(“Act”), 415 ILCS 5/1 et
seq.
(2000)
,
for purposes of
Sections 39(1)
and 42(h)
of the Act,
415 ILCS 5/39(i),
42(h) (2000).
This 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.
I.
JURISDICTION
The Board has jurisdiction of the subject matter herein and
of the parties consenting hereto pursuant to the Act,
415 ILCS
5/i et
seq.
(2000)
II.
AUTHORIZATION
The undersigned representative for each party certifies that
he or she
is fully authorized by the party whom he or she
2
represents to enter into the terms of this Agreement and to
legally bind them to it.
III.
APPLICABILITY
This Agreement shall apply to and be binding upon the
Complainant and Respondents,
and any officer, director,
agent and
employee or servant of Respondents,
as well as Respondents’
successors and assigns. Respondents shall not raise as a defense
to any enforcement action taken pursuant to this Agreement the
failure of their officers,
directors,
agents,
servants or
employees to take such action as shall be required to comply with
the provisions
of this Agreement.
Iv.
STATEMENT OF FACTS
A.
Parties
1.
The Attorney General of the State of Illinois brought
this action on his own motion and at the request of the Illinois
EPA,
and pursuant to the statutory authority vested in him under
Section 31 of the Act,
415 ILCS 5/31
(2000)
2.
The Illinois EPA is an administrative agency in the
executive branch of the State government
of Illinois,
created
3
pursuant to Section 4 of the Act,
415
ILCS 5/4
(2000), and is
charged,
inter alia,
with the duty of enforcing the Act.
3.
At all times relevant to the Complaint and this
Stipulation and this Proposal for Settlement,
Respondent,
Camelot
Enterprises,
Inc.
was an Illinois corporation.
4.
At all times relevant to the Complaint and this
Stipulation and Proposal for Settlement, Respondents Iven Johnson
(“Johnson”)
and Stephen Einfeldt
(“Einfeldt”) were Illinois
citizens,
co-owners of Camelot,
and jointly in charge of
the day-to-day operations of Camelot.
5.
Respondents have been engaged in construction at a site
known as the Northern Lights subdivision which is located in the
Village of Bradley, Kankakee County,
Illinois
(“site”).
6.
Neither Respondent
Camelot, nor Respondents Einfeldt
and Johnson had a National Pollutant Discharge Elimination System
(“NPDES”) stormwater discharge permit prior to beginning
construction at the site.
B.
Alleged Violations
1.
In its Complaint,
Complainant alleges the following
violations of the Act:
Count
I: NPDES permit violations,
in violation of
4
Section 12(f)
of the Act,
415
ILCS 5/12(f)
(2000),
and
35
Ill. Adm. Code 309.102(a).
2.
Respondents admit the alleged violations.
V.
IMPACT ON THE PUBLIC RESULTING FROM ALLEGED NON-COMPLIANCE
Section 33 (c)
of the Act,
415 ILCS 5/33
(c)
(2000)
,
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:
5
1.
Although human health and the environment were
potentially threatened and the Illinois EPA’s information
gathering responsibilities hindered by Respondents’ unpermitted
construction activities,
there is no evidence of actual negative
impact to the public resulting from Respondents’
alleged
noncompliance.
2.
There is social and economic benefit to the
construction site.
3.
The construction was suitable for the area in which it
occurred.
4.
Obtaining a storm water permit prior to construction at
the site is both technically practicable and economically
reasonable.
5.
Respondents have subsequently complied with the Act and
the Board Regulations.
VI.
CONSIDERATION OF SECTION 42(h)
FACTORS
Section
42
(h)
of the Act,
415 ILCS 5/42
(h)
(2000)
,
provides
as follows:
In determining the appropriate civil penalty to be
6
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;
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:
1.
The Respondents are alleged to have failed to obtain
a
permit prior to beginning construction activities at the site.
The violations began on or around February 1999.
Respondents
filed the proper permit application on December 15,
1999.
2.
Complainant alleges that Respondents were not diligent
in attempting to come back into compliance with the Act, Board
Regulations and applicable Federal regulations.
7
3.
Complainant alleges that any economic benefit
Respondents realized from their noncompliance is unquantifiable
but is believed to be nominal.
4.
Complainant has determined that a penalty of Ten
Thousand Dollars
($10,000.00)
will serve to deter further
violations and aid in future voluntary compliance with the Act
and Board regulations.
5.
To Complainant’s knowledge,
Respondents have no
previously adjudicated violations of the Act.
VII.
TERMS
OF SETTLEMENT
A.
Penalty Payment
1.
The Respondents shall be jointly and severally liable
for and pay a penalty in the sum of Ten Thousand Dollars
($10,000.00) within thirty (30)days of the date the Board adopts
and accepts this Agreement.
The penalty described in this
Agreement shall be paid by certified check 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
8
P.O. Box 19276
Springfield,
IL 62794-9276
The name and number of the case and Respondent’s Federal Employer
Identification Number
(FEIN),
36-4044460,
and/or Social Security
Numbers 348-54-0036 for Einfeldt, and 394-32-3058 for Johnson,
shall appear on the check.
2.
Pursuant to Section
42(g)
of the Act,
415 ILCS 5/42(g)
(2000),
interest shall accrue on any payment 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
(2000)
.
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.
When partial payment(s)
are made,
such
partial payment shall be first applied to any interest on unpaid
payment then due and owing.
All interest on payment owed shall
be paid by certified check or money order,
payable to the
Treasurer of the State of Illinois, designated to the
Environmental Protection Trust Fund and delivered to the address
described above.
3.
For purposes of payment and collection,
Respondents may
be reached at the following address:
9
For Camelot Enterprises,
Inc.
Camelot Enterprises,
Inc.
c/o Jenner & Block
One IBM Plaza
Chicago,
IL
60611
Attn:
Christina M. Landgraf
with a copy to:
Swaim
& Swaim,
Ltd.
One Dearborn Square
Suite
639
Kankakee,
IL
60901
Attn:
J.
Scott Swaim
For Einfeldt:
Stephen Einfeldt
c/o Swaim & Swaim,
Ltd.
One Dearborn Square
Kankakee,
IL
60901
For Johnson:
Iven Johnson
c/o Jenner & Block
One IBM Plaza
Chicago,
IL
60611
Attn:
Christina M. Landgraf
B.
Cease and Desist
The Respondents shall cease and desist from future
violations
of the act,
the Board Regulations promulgated
hereunder,
and other applicable federal,
state and local laws,
10
ordinances and regulations.
C.
Future Compliance
1.
In the future,
Respondents shall timely and properly
obtain Illinois EPA permits before commencing construction at any
site.
D.
Right of Entry
1.
In addition
to any other
authority, the Illinois EPA,
its employees
and representatives,
the Illinois Attorney General,
and his/her agents and representatives,
shall have the right of
entry or access to the Respondent’s public water supply facility
which was the subject of this proceeding at all reasonable times,
for the purposes of conducting inspections.
In conducting any
inspection of the site,
the Illinois EPA,
its employees and
representatives,
the Attorney General,
and his/her agents and
representatives, may take any photographs or samples as they deem
necessary
in order to conduct their inspection.
Copies of these
photographs and samples will be provided to Respondent upon
written request.
VIII.
COMPLIANCE WITH OTHER LAWS AND REGULATIONS
This Agreement in no way affects the responsibility of the
11
Respondent to comply with any federal,
state or local
regulations, including but not limited to the Act,
415 ILCS 5/1
et
seq.
(2000),
and the Board regulations,
35
Ill. Adm.
Code
Subtitles A through H.
Ix.
RELEASE FROM LIABILITY
In consideration
of
Respondents’ payment
of the penalty
specified herein, and commitment to refrain from future violation
of the Act, Board Regulations and applicable federal regulations,
Complainant releases, waives and discharge Respondents and their
officers,
directors,
agents,
servants, employees,
successors and
assigns from any further liability or penalties for the alleged
violations of the Act,
and Board Regulations which are the
subject matter of the Complaint,
following receipt by the
Complainant of all monies owing pursuant to Section VII.l. of
this Agreement.
Nothing in this Agreement shall be construed as
a waiver
by the Attorney General or the Illinois EPA of the right
to redress future or heretofore undiscovered violations,
if
any,
or to obtain penalties with respect thereto.
12
WHEREFORE,
Complainant and Respondents request that the
Board adopt and accept the foregoing Stipulation and Proposal for
Settlement as written.
PEOPLE OF THE STATE OF ILLINOIS,
JAMES
E.
RYAN,
Attorney General
State of
Illinois
MATTHEW
J. DUNN,
Chief
Environmental Enforcement/
Asbestos Litigation Division
BY:
~
/2~~?
I~
DATE:________
ROSEMARIE CAZEAU,
Chief
Environmental Bureau
Assistant Attorney General
~
AGENCY
DATE:
9~Z~
i.~,/c/
J SEP.~E.
SVOBODA
hief Legal Counsel
CAMELOT ENTERPRISES,
INC.
BY:
______________________
DATE:
/6
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Name:
~
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Title:
/~/~4-I.lL2-L.J
STEPHEN EINFELDT
BY:
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DATE:
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STE~ENEINFELDt’
IVEN JOHNSON
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BY:
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DATE:
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(
IVEN JOH~ON’
C:\MyFiles\14MACKOFF\WPDOCS\camelot2
.wpd
13
CERTIFICATE OF SERVICE
I,
MIKE MACKOFF,
an Assistant Attorney General
in this case,
do certify that
I caused
to be mailed this 17th day of December,
2001 the foregoing Notice of Filing,
Request for Relief from
Hearing Requirement,
and Stipulation and Proposal for Settlement
upon the person(s)
listed on said Notice by first class mail in
an envelope bearing sufficient postage with the United States
Postal Service located at 100 W. Randolph Street,
Chicago,
Illinois.
(•
MIKE
CKOFF
/
SERVICE LIST
Mr. Bradley Halloran
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph Street
Suite 11-500
Chicago,
IL 60601
Mr.
J.
Scott Swaim
Swaim & Swaim,
Ltd.
Suite 400
200 E.
Court St.
Kankakee,
IL 60901
Ms. Christina Landgraf
Mr.
James Vroman
Jenner & Block, LLC
One IBM Plaza
Chicago,
IL 60611
CLERK’S
OFFICE
DEC17 2001
STP~TEOF IWNOIS
Pollution Control Board
