CLERK’S

OFFICE

SEP

03

2003

STATE

OF IWNOIS

Pollution

Control Board

OFFICE

OF THE ATTORNEY GENERAL

STATE OF ILLINOIS

Lisa Madigan

AYI’ORNEY GENERAL

August 28, 2003

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 Rantoul

Dear Clerk Gunn:

Enclosed

for

filing

please

find

the

original

and

ten

copies

of

a

NOTICE

OF

FILING,

COMPLAINT, MOTION FOR RELIEF FROM HEARING REQUIREMENT and STIPULATION AND

PROPOSAL

FOR SETTLEMENT in regard to the above-captioned matter.

Please file the original

and

return

a

file-stamped

copy

of the

document

to

our office

in

the

enclosed

self-addressed,

stamped

envelope.

Thank you for your cooperation

and

consideration.

Very truly yours,

Thomas

Davis, Chief

Environmental Bureau

500

South

Second Street

Springfield,

Illinois 62706

(217)

782-9031

TD/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

•

TTY: (312)

814-3374

•

Fax:

(31.2) 814-3806

1001

East

Main,

Carhondale,

Illinois

62901

•

(618)

529-6400

•

‘FlY: (618)

529-6403

•

Fax:

(618) 529-6416

---

.R~CEIVED

CLERK’S OFFICE

BEFORE THE

ILLINOIS POLLUTION CONTROL BOARD

SEP

032003

STATE

OF

ILLINOIS

Pollution Control

Board.

PEOPLE OF THE

STATE OF ILLINOIS,

)

)

Complainant,

)

V.

)

PCB NO.

)

(Enforcement)

VILLAGE OF RANTOUL, an Illinois

)

municipal corporation,

)

)

Respondent.

)

NOTICE OF FILING

To:

Kenneth

N.

Beth

Evans, Froehlich,

Beth

& Chamley

44 Main

Street,

Third

Fl.

Champaign,

IL 61820

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

COMPLAINT,

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

Litigation

Division

BY:_____________________

THOMAS

DAVIS,

Chief

Assistant Attorney General

Environmental Bureau

500

South Second Street

Springfield,

Illinois 62706

217/782-9031

Dated: August 28, 2003

---

CERTIFICATE OF SERVICE

I

hereby certify that

I did on August 28, 2003, 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,

COMPLAINT,

MOTION

FOR RELIEF

FROM HEARING REQUIREMENT and

STIPULATION AND

PROPOSAL

FOR

SETTLEMENT:

To:

Kenneth N.

Beth

Evans, Froehlich,

Beth

& Chamley

44 Main

Street, Third

Fl.

Champaign,

IL 61820

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

Thomas

Davis,

Chief

Environmental Bureau

Assistant Attorney General

This filing is submitted

on recycled

paper.

---

-

-..

..

..

.-~

CLERK’S OFFICE

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

SEP

0

3

2003

CHAMPAIGN COUNTY,

ILLINOIS

STATE OF

ILLINOIS

Pollution

Con trol Board

PEOPLE OF THE STATE OF ILLINOIS,

)

Complainant,

)

VS.

)

No.

PCB

O~I

)

(Air

--

Enforcement)

VILLAGE OF RANTOUL, an

Illinois

)

municipal

corporation,

)

COMPLAINT

The PEOPLE

OF

THE

STATE OF ILLINOIS,

by Lisa. Madigan, Attorney General of the

State of Illinois, on

her own

motion and

at the request of the ILLINOIS

ENVIRONMENTAL

PROTECTION AGENCY,

complains of the Respondent,

VILLAGE OF RANTOUL,

as follows:

COUNT

I

NOTIFICATION VIOLATION

1.

This count is brought on behalf of the

People of the State of Illinois,

by Lisa

Madigan, the Attorney General

of the State of

Illinois, on her own

motion

and

at the request of

the Illinois Environmental

Protection Agency

(“Illinois EPA”), pursuant to the terms and

provisions of Section

31

of the Illinois Environmental

Protection Act

(“Act”), 415

ILCS 5/31

(2002).

2.

The Illinois

EPA is an agency of the

State of Illinois

created by

the Illinois

General Assembly

in

Section 4 of the Act, 415 ILCS

5/4 (2002),

and

charged,

inter a/ia,

with the

duty of enforcing the Act.

3.

The Respondent,

Village of Rantoul,

is an

Illinois

municipal corporation

located

in

Champaign County,

Illinois, with approximately 12,857

residents.

4.

Section 9(a) of the Act, 415

ILCS 5/9(a)

(2002),

provides:

1

---

No person shall:

a.

Cause or threaten or allow the discharge or emission of

any contaminant

into the environment

in any State so as

to

cause

or tend

to cause air pollution

in

Illinois, either alone

or in

combination with

contaminants from other sources, or

so as to

violate regulations or standards adopted by the

Board under this Act;

*

*

*

5.

Section 9.1(d) of the Act, 415

ILCS 5/9.1(d) (2002),

provides:

(d)

No

person

shall:

1.

Violate any provisions of Sections

111,

112,

165 or

173 of the

Clean AirAct,

as

now or hereafter amended, or federal

regulations adopted pursuant thereto;

*

*

*

6.

Section

201.141

of the Board’s Air Pollution

Regulations,

35111. Adm.

Code

201.141

(2002),

provides:

No person shall cause or threaten or allow the discharge

or

emission

of any contaminant into the environment

in any State so

as, either alone or in

combination with contaminants from other

sources,

to cause or tend

to cause

air pollution

in

Illinois,

or so as

to violate the provisions

of this Chapter, or

so as to prevent the

attainment or maintenance of any applicable ambient air quality

standard.

7.

Section 3.115 of the Act, 415

ILCS 3.115 (2002),

provides the following

definition:

‘AIR POLLUTION’ is the presence

in the atmosphere of one or

more contaminants

in sufficient quantities and of such

characteristics

and duration as to

be injurious to human,

plant,

or

animal

life, to

health,

or to property,

or to

unreasonably

interfere

with the enjoyment of life or property.

8.

The National

Emission Standards for Hazardous Air Pollutants

(“NESHAP”)

regulations governing asbestos, 40

CFR Part 61, Subpart

M (2002), were

adopted pursuant to

Section

112

of the Clean Air Act, 42 U.S.C.

§7412.

Asbestos

is regulated

as a

hazardous air

2

---

pollutant because

it is a carcinogen.

Regulated asbestos-containing materials (“RACM”)

contain

more than one percent asbestos and

are generally “friable,” which

means such

materials,

when dry,

can

be crumbled,

pulverized,

or reduced to powder by

hand pressure.

9.

40 CFR §61.145

(2002),

provides,

in pertinent part:

(a)

Applicability.

To

determine which requirements of paragraphs

(a),

(b),

and

(c) of this

section

apply to the owner or operator of a

demolition or

renovation activity and prior to the commencement of the demolition or

renovation,

thoroughly inspect the affected facility or part of the facility

where the demolition or renovation operation will occur for the presence

of asbestos, including

Category

I

and Category

II

nonfriable ACM.

The

requirements of

paragraphs (b)

and

(c) of this section apply to

each

owner or operator of a demolition or renovation activity,

including the

removal of RACM as follows:

*

*

*

(4)

In

a facility being

renovated,

including

any nonscheduled

renovation operation, all the requirements of paragraphs (b) and

(c) of

this section apply if the combined amount of RACM to be stripped,

removed, dislodged,

cut,

drilled,

or similarly disturbed

is

(i)

At least 80 linear meters (260 linear feet) on pipes or at

least

15

square meters

(160 square feet) on other facility

components, or

(ii)

At least

1

cubic meter (35 cubic feet) off facility

components where the length or area could

not be

measured

previously.

*

*

*

(b)

Notification requirements.

Each

owner or operator of a

demolition or

renovation

activity to which this section applies shall:

(1)

Provide the Administrator with written

notice of intention to

demolish or renovate.

Delivery of the notice

by

U.S.

Postal

Service,

commercial delivery service, or hand delivery is

acceptable.

*

*

*

10.

The Respondent, Village

of Rantoul, has

leased the former Chanute Air Force

Base in

Rantoul, Champaign

County,

Illinois, from

the United States Air Force

Base

Conversion

3

---

Agency.

Demolition

and renovation

activities are

governed

by a

provision

in the lease which

entitles the Air Force to review and

approve any

plans due to the presence of lead and

asbestos-containing materials (“ACM”) within the buildings.

As

part of its environmental

restoration efforts, the Air Force conducted surveys of the building

interiors to

identify ACM.

11.

An asbestos inspection

of Building #826 located

at 306 Tuskeegee Avenue in

Rantoul had

been performed

in

1990 by

a consultant retained by the Air Force to determine the

presence and

location of ACM.

These materials were subsequently estimated

to

be at least

1

cubic meter (35 cubic feet).

12.

The Village of Rantoul submitted

an

application for open

burning

permit dated

August 23, 2000, to

the Illinois

EPA, seeking to demolish

Building #826 and

two

other buildings

as part of

its fire department’s “ongoing training

program teaching firefighters.”

13.

The Air Force notified

the Village of Rantoul

by a letter dated August 25, 2000,

that the demolition of

Building #826

and the

two

other buildings must be

postponed until the

lead

and ACM are

removed

14.

On January

10,

2001,

the Illinois EPA

issued a permit to the Village of Rantoul

to

demolish,

by open burning,

three structures,

including

Building #826, explicitly conditioned

upon

strict compliance with the notification and asbestos handling

and disposal

requirements

of the

federal asbestos

NESHAP regulations.

15.

On December 9,

2001,

the Village of Rantoul

began

the demolition of Building

#826

by intentional burning.

16.

The Village of Rantoul is an

“operator” of a “demolition” and

Building #826 is a

“facility” as the terms

are defined

at 40

CFR §61 .141.

17.

Although an

operator of a demolition is required

by 40

CFR §61.145(b)(1) to

provide written advance

notification, the Respondent,

Village of Rantoul,

did not submit,

and the

Illinois

EPA did

not receive,

the required

notification for the demolition of Building #826;

the

4

---

Village of Rantoul thereby violated 40 CFR §60.145(b)(1) and

Section 9.1(d)(1) of the Act, 415

ILCS 5/9.1(d)

(2002).

PRAYER FOR

RELIEF

WHEREFORE, the Complainant, the People of the State of Illinois, respectfully requests

that this Board grant the following

relief:

A.

Find that Respondent, Village of Rantoul, has violated

Section

9.1(d) of the Act,

415

ILCS 5/9.1(d)

(2002), and 40 CFR §61.145.

B.

Order the Respondent to cease and

desist from further violations

of the Act and

associated

regulations;

C.

Pursuant to

Section

42(a) of the Act, 415

ILCS 5/42(a) (2002),

and after the

adjudication

of the violations, impose

upon the Respondent a monetary penalty of not more

than the statutory maximum;

D.

Pursuant to Section 42(f) of the Act, 415 ILCS 5/42(f) (2002),

and after the

adjudication of the violations, award the Complainant its costs

in

this matter, including

reasonable attorney’s fees

and expert witness

costs;

and

E.

Grant such other and further relief as the Board

deems appropriate.

COUNT

ASBESTOS

REMOVAL AND WASTE HANDLING

VIOLATIONS

1-16.

Complainant realleges and incorporates

herein

by reference paragraphs

1

through

16 of

Count las

paragraphs

1

through 16

of this Count

II.

17.

40

CFR §61.145(c)

(2002),

provides,

in pertinent

part:

(c)

Procedures for asbestos emission

control.

Each owner or operator of a

demolition or renovation activity to whom this paragraph applies, according

to

paragraph (a) of this section, shall comply with the following

procedures:

5

---

(1)

Remove all

RACM from a facility

being demolished or renovated

before any activity begins that would

break up, dislodge,

or

similarly disturb the material or preclude access to

the material

for subsequent removal.

*

*

*

(3)

When

RACM

is stripped from a facility component while it remains in

place in the facility, adequately wet the RACM during the stripping

operation.

*

*

*

(6)

For

all

RACM,

including material that has

been removed or stripped:

(i)

Adequately wet the material and ensure that

it remains wet

until

collected

and

contained or treated

in preparation for disposal

in

accordance

with section

61.150;

*

*

*

(10)

If

a facility

is demolished

by intentional burning, all

RACM including

Category

I

and

Category II

nonfriable ACM must

be removed

in

accordance with the NESHAP before burning.

18.

40 CFR §61.150 (2002),

provides,

in

pertinent part:

Each owner or operator of any source covered under the

provisions of sections

61.144,

61.145, and

61.147 shall comply

with the following

provisions:

(a)

Discharge

no visible emissions to the outside air during

the

collection, processing

(including

incineration), packaging,

or transporting of any asbestos-containing waste material

generated by the source,

or use one of the emission

control and waste treatment methods specified

in

paragraphs (a)(1) through (4) of this section.

(1)

Adequately wet asbestos-containing waste

material as follows:

(i)

Mix control

device asbestos waste to

form a slurry;

adequately wet other asbestos-containing waste material;

and

(ii)

Discharge

no visible

emissions to

the outside air from

collection, mixing, wetting,

and

handling operations, or use the

6

---

methods specified ~bysection

61.152 to clean emissions

containing particulate asbestos

material before they escape to, or

are vented to,

the outside air; and

(iii)

After wetting,

seal all asbestos-containing waste material

in

leak-tight containers while wet;

or, for materials that

will not fit into containers without additional

breaking,

put

materials into leak-tight wrapping;

and

(iv)

Label the containers or wrapped

materials specified

in

paragraph

(a)(1 )(iii) of this section using warning

labels

specified

by Occupational

Safety and

Health Standards of

the Department of Labor,

Occupational

Safety and

Health

Administration

(OSHA) under 29

CFR 1910.1001(j)(2) or

1926.58(k)(2)(iii).

The labels

shall be

printed in

letters of

sufficient size and contrast to be

readily visible

and

legible.

(v)

For asbestos-containing waste

material to

be transported

off the facility site, label containers

or wrapped materials

with the name of the waste generator and

the location at

which the waste was generated.

*

*

*

(b)

All asbestos-containing waste material shall

be deposited

as soon as

is practical

by the waste generator at:

(1)

A waste disposal

site operated

in

accordance with

the provisions

of section

61.145,01

(2)

An

EPA-approved site that converts RACM

asbestos-containing waste material

into

nonasbestos (asbestos-free)

material

according

to

the provisions of section

61.155.

*

*

*

19.

The Illinois

EPA inspected

Building #826 in

February 2001

and

explicitly

informed the Village of Rantoul’s economic

development director,

Raymond

Boudreaux, that

not only the ACM identified

by the

1990 survey,

but also the exterior transite materials identified

at that time by the

Illinois EPA

inspector,

must be properly removed

prior to demolition.

20.

Through

a contractor, the Village of Rantoul

arranged for the ACM

identified

by

7

---

the 1990 survey to

be removed

by an abatement firm.

However, the exterior transite materials

identified

by the Illinois

EPA were not removed by the abatement firm.

21.

The exterior transite materials on

Building #826 are considered to

be category

II

nonfriable ACM pursuant to 40 CFR §61.141

and

must be

removed prior to demolition by

intentional burning.

22.

On December 11, 2001, the Illinois

EPA conducted an

inspection of the facility

and

observed burned

debris including

dry

and friable regulated ACM and

exterior transite

material.

The

Illinois EPA inspector collected samples of the ACM and also observed that no

emission controls were

in

place for the facility.

23.

The Village of

Rantoul failed to remove, wet and contain

all regulated ACM and

Category II nonfriable ACM prior to the demolition of Building #826,

thereby causing,

threatening

or allowing the emission or airborne

migration of asbestos

fibers,

in violation of 40

CFR §~61

.145(c)(3), (6) and (10),

and 61.1 50(a)(1),

and

of Section

9.1(d)(1) of the Act, 415

ILCS 5/9.1(d)

(2002).

24.

The Village of Rantoul failed to transport to

a waste disposal

site as soon as

practical

all asbestos-containing waste

material

generated during the demolition of

Building

#826,

in violation of 40

CFR §61.150(b) and

Section

9.1(d)(1) of the Act, 415

ILCS 5/9.1(d)

(2002).

25.

The Village of Rantoul

accrued an

economic benefit by failing to remove all

regulated ACM and

Category

II

nonfriable ACM from

Building #826

prior to

its demolition.

PRAYER FOR

RELIEF

WHEREFORE,

the Complainant, the People of the

State

of Illinois,

respectfully requests

that this Board grant the following

relief:

8

---

A.

Find that

Respondent, Village of Rantoul, has violated Section

9.1(d) of the Act,

415

ILCS 5/9.1(d)

(2002), 40

CFR §~61.145

and 61.150.

B.

Order the Respondent to cease and

desist from further violations of the Act

and

associated

regulations;

C.

Pursuant to Section 42(a)

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

and

after the

adjudication of the violations, impose upon the Respondent a monetary penalty of not more

than

the statutory maximum;

D.

Pursuant to

Section 42(f) of the Act, 415

ILCS 5/42(f) (2002),

and after the

adjudication of the violations, award the Complainant its costs

in this matter, including

reasonable attorney’s fees and

expert witness costs;

and

E.

Grant

such other and further relief as the Board

deems appropriate.

COUNT

AIR POLLUTION

VIOLATIONS

1-16.

Complainant realleges and

incorporates herein

by reference paragraphs I

through

16

of Count

I

as paragraphs I

through

16 of this Count

Ill.

17-24.

Complainant

realleges and incorporates

herein

by reference paragraphs 17

through 24 of

Count

II

as paragraphs

17 through

24 of this Count Ill

25.

By failing

to properly remove,

handle,

contain, and

dispose of ACM prior to the

demolition of Building

#826, and of the resulting asbestos-containing waste

material

subsequent to

the demolition of

Building #826, the Respondent,

Village of Rantoul,

has caused,

threatened or allowed the discharge or emission of contaminants

in sufficient quantities

and of

such

characteristics and

duration as

to

be injurious to

human health,

or to property, or to

unreasonably

interfere with the enjoyment of life or property,

into

the environment

so as to

9

---

cause or tend to cause air pollution in

Illinois, and

has thereby violated Section

9(a) of the Act,

415

ILCS 5/9(a)

(2002),

and

35

III.

Adm. Code

201.141 (2002).

PRAYER FOR RELIEF

WHEREFORE,

the Complainant, the People of the State of Illinois, respectfully requests

that this Board grant the following

relief:

A.

Find that

Respondent, Village

of Rantoul, has

violated Section 9(a)

of the Act,

415 ILCS

5/9(a) (2002), and

35

Ill. Adm.

Code 201.141

(2002).

B.

Order the Respondent to cease and desist from further violations

of the Act and

associated regulations;

C.

Pursuant to

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

and

after the

adjudication of the violations, impose upon the Respondent a monetary penalty of not more

than

the statutory

maximum;

D.

Pursuant

to Section 42(f) of the Act, 415

ILCS 5/42(f)

(2002),

and after the

adjudication of the violations, award the Complainant its costs

in this matter,

including

reasonable

attorney’s fees and

expert witness costs; and

E.

Grant

such other and further relief as the

Board

deems appropriate.

Respectfully submitted,

PEOPLE

OF THE

STATE OF ILLINOIS,

LISA MAD IGAN

Attorney General of the

State of Illinois

MATTHEW J.

DUNN, Chief

Environmental Enforcement/Asbestos

Litigation

Division

BY:________________________

THOMAS

DAVIS,

Chief

Environmental Bureau

Assistant Attorney General

10

---

500

South Second Street

Springfield,

Illinois 62706

217/782-9031

Dated:

August 28, 2003

11

---

R~~~IVED

CLERK’S OFFICE

BEFORE

THE ILLINOIS POLLUTION CONTROL BOARD

SEP

032003

STATE

OF

ILLINOIS

PEOPLE OF THE STATE OF ILLINOIS,

)

Pollution

Control Board

)

Complainant,

)

V.

)

PCBNO.~~~

)

(Enforcement)

VILLAGE OF RANTOUL, 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 this date,

Complainant is filing a

Complaint with the Board, alleging violations

by

the Respondent of the air pollution control requirements.

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

3I(c)(1) of the Act, 415

ILCS 5/31(c)(1)

(2002).

Respectfully submitted,

PEOPLE OF THE

STATE OF ILLINOIS

LISA MADIGAN

ATTORNEY GENERAL

MATTHEW J.

DUNN, Chief

Environmental

Enforcement/Asbestos

Litigation

Division

BY:_____________________

THOMAS

DAVIS,

Chief

Environmental Bureau

Assistant Attorney General

500 South Second Street

Springfield,

Illinois 62706

217/782-9031

Dated: August 28, 2003

2

---

RECEIVED

CLERK’5 Qp~r~~r-

SEP

0

3

2003

BEFORE THE

ILLINOIS POLLUTION CONTROL BOARD

STATE OF

ILL!NO1~

PEOPLE OF THE STATE OF ILLINOIS,

)

Pollution

Con trol Board

)

Complainant,

)

VS.

)

No.

PCB

)

VILLAGE OF RANTOUL, an

Illinois

municipal corporation,

Respondent.

)

STIPULATION AND PROPOSAL FOR SETTLEMENT

Complainant,

PEOPLE OF THE

STATE OF

ILLINOIS,

by LISA

M.

MADIGAN,

Attorney

General of the State of Illinois, the Illinois Environmental Protection

Agency (“Illinois EPA”), and

Respondent,

VILLAGE OF RANTOUL,

have agreed to

the making of this Stipulation

and

Proposal for Settlement 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 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

not to

contest its validity

in any subsequent proceeding

to implement

or

enforce its terms.

JURISDICTION

The Board

has jurisdiction of the subject matter herein

and

of the parties consenting

hereto pursuant to the Illinois

Environmental Protection Act (“Act”), 415

ILCS 5/1

et seq.

(2002).

---

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.

A.

Parties

1.

Contemporaneously

with this pleading,

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 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

located

in

Champaign County.

B.

Site Description

I.

At all times relevant to

the Complaint,

the Respondent, Village of Rantoul,

has

leased the relevant part of the former Chanute Air Force

Base in

Rantoul, Champaign

County,

Illinois, from the United

States Air Force Base Conversion Agency;

the subject of the Complaint

is Building #826 located

at 306 Tuskeegee Avenue (“site”).

C.

Allegations of Non-Compliance

Complainant contends that the Respondent has violated the following

provisions of the

Act and

Board

Regulations:

2

---

Count

I:

Failure

to provide written

notification of demolition as

required by

the asbestos NESHAP

regulations in violation

of Section 9.1(d)

of

the Act, 415

ILCS 5/9.1(d)

(2002).

Count

II:

Failure to

comply with

asbestos removal and

waste handling

practices as required

by the asbestos NESHAP regulations

in

violation of Section

9.1(d) of the Act, 415 ILCS 5/9.1(d)

(2002).

Count

III:

Caused or allowed air pollution

in violation

of Section 9(a)

of the

Act, 415

ILCS 5/9(a) (2002).

D.

Admission of Violations

The Respondent admits to the violations alleged

in the Complaint filed

in this matter and

referenced herein.

E.

Compliance Activities to Date

The Respondent expended approximately $71,000 to remediate the site.

The

Respondent has also voluntarily instituted

internal controls

to

ensure that all buildings within the

Village are properly inspected and,

if necessary, abated prior to

demolition.

APPLICABILITY

This Stipulation

shall apply to and be

binding upon the Complainant and the

Respondent, and

any officer or agent of the Respondent,

as well 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 or agents to take such

action

as shall be

required to comply with the provisions of this Stipulation.

3

---

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

III. Adm.

Code,

Subtitles A through

H.

IMPACT ON

THE PUBLIC RESULTING

FROM ALLEGED

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:

I.

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

and the

Illinois

EPA’s

information gathering

responsibilities hindered

by the Respondent’s violations.

2.

There

is social and

economic benefit to

the facility.

3.

Operation of the facility was

suitable for the area

in which it occurred.

4

---

4.

The removal of asbestos-containing materials frOm the building the site prior to

demolition is both technically practicable

and economically reasonable.

5.

Respondent has

subsequently complied with the Act and the

Board

Regulations.

CONSIDERATION OF SECTION

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.

.

.

the

Board

is authorized

to

consider any matters of record

in mitigation

aggravation of penalty,

including but

not limited

to the

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 Respondent failed to

notify the Illinois

EPA prior to commencing

demolition

activities

at the site,

and failed to

first remove

asbestos-containing materials.

The violations

began

on

December 9, 2001,

and were

resolved at various times in the following year.

2.

Respondent was diligent

in attempting

to come back into

compliance with the

Act,

Board

Regulations and

applicable Federal regulations,

once the Illinois EPA notified

it of its

noncompliance.

5

---

3.

The economic benefit realized

by the

Respondent from its noncompliance

is

estimated

to

be $4,446.00.

4.

Complainant has determined

that a penalty of $4,446.00 will serve to

deter

further violations and

aid

in future voluntary compliance with the Act and Board

regulations.

5.

Respondent has

previously adjudicated

violations of the Act in

a prior circuit

court action

(98 CH

178)

and

Board enforcement case (PCB 01-I65).

A.

1.

The

Respondent shall

pay a penalty

in the

sum of Four Thousand

Four Hundred

and

Forty Six

Dollars ($4,446.00) within thirty days after the

date the

Board adopts and accepts

this

Stipulation.

The

penalty

described

in this

Stipulation shall

be paid

by certified check

payable to the

Illinois

EPA, designated

to

the

Illinois

Environmental

Protection Trust

Fund

submitted

Illinois

Environmental Protection Agency

Fiscal

1021

North Grand Avenue

East

P.O.

Springfield,

IL 62794-9276

The

name and

number of the case and

Respondent’s

Federal

Employer Identification

Number

(FEIN),

37-600051 0, shall appear on the check.

A copy of the

certified check

or

and the transmittal

letter

shall

be sent to:

Attorney General’s Office

Environmental

Bureau

500

South Second

Street

Springfield,

Illinois

62702

6

---

2.

Pursuant to Section 42(g)

of the Act, 415 ILCS 5/42(g)

(2002),

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 (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.

4.

For purposes of payment and

collection, Respondent may be

reached at

the

following address:

Post Office

Box 38, Rantoul,

Illinois 61866.

5.

In the event of default,

the Complainant shall

be entitled to

all available relief

including, but not limited to,

reasonable costs of collection and

reasonable attorney’s fees.

B.

Future Use

Notwithstanding

any other language

in this Stipulation to the contrary, this Stipulation

may be used against

the Respondent in

any subsequent enforcement action as evidence of a

past adjudication of violation of the Act and the Board

Regulations promulgated thereunder,

for

purposes of Section 39(i) and/or 42(h) of the Act, 415 ILCS 5/39(i) and/or 5/42(h)(2002).

C.

Right of Entry

In addition to any other authority, the Illinois

EPA,

its employees

and

representatives,

and the Attorney General,

her agents and

representatives,

shall have the right of entry into and

upon

the Respondent’s facility which is

the subject of this Stipulation,

at all reasonable times for

the purposes of carrying out inspections.

In

conducting such

inspections, the Illinois EPA,

its

employees and representatives, and

the Attorney General,

her employees

and

representatives

may take photographs,

samples, and

collect information,

as they deem

necessary.

7

---

D.

Cease

and

Desist

The 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

III.C.

of this Stipulation.

E.

Release from Liability

In

consideration of the Respondent’s payment of the $4,446.00 penalty,

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 than

those expressly specified

in

Complainant’s Complaint filed

on

___________.

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;

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

8

---

law or in

equity, which the

State

of Illinois or the Illinois

EPA may have against any person,

as

defined

by Section

3.26

of the Act, 415 ILCS 5/3.26, 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.

PEOPLE OF THE STATE OF ILLINOIS,

LISA

M.

MADIGAN

Attorney General

State of

Illinois

MATTHEW J.

DUNN, Chief

Environmental Enforcement/

Asbestos

Litigation

Division

BY:

_______________________

DATE:________

THOMAS

DAVIS,

Chief

Environmental Bureau

Assistant Attorney General

ILLINO

NVIRONMENTAL PROTECTION AGENCY

BY:

-

DATE:______

JO

EPH

.

SVOBODA

C

ef Legal Counsel

VILLAGE

OF

NTOUL

BY:

____________________

DATE:______

Name:

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~

Title:

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9