r~r’~nP\flflfl
Il
fl
RiECLAVED
BEFORE TH~
\
N~$f
~I~Ic~NTROL
BOARD
CLERK’S
OFF1CE
PEOPLE OF THE STATE OF
~
SEP
1
22003
ILLINOIS,
STAlE
OF
ILLINOIS
)
Pollution
Control Board
Complainant,
v.
)
PCB.~
)
VILLAGE OF ENFIELD, an Illinois
)
municipal corporation,
)
)
Respondent.
)
NOTICE OF FILING
To:
Village
of
Enfield
Thomas J.
Harbour, Village
President
115
E.
Main
P.O.
Box 99
Enfield,
IL 62835
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:
~O
SALIO~’
A.
CARTER
Assistant Attorney General
Environmental Bureau
500 South
Second Street
Springfield, Illinois 62706
217/782-9031
Dated: September 9,
2003
/2flflf~\flRU
/1
fl
RECEAVED
i\ D~u
vIIk\J1
/f\\
II
~‘5
OFFICE
\~9
~
VICE
SEP
122003
STATE
OF
ILLINOIS
Pollutjon
Control Board
I
hereby certify that
I
did on September 9,
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:
Village of Enfield
Thomas
J.
Harbour, Village
President
115
E.
Main,
P.O.
Box 99
Enfield,
IL 62835
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
State of
Illinois Center
Suite
11-500
100 West Randolph
Chicago,
Illinois 60601
,4i~1)J~th4
Sally A.~arter
Assistant Attorney General
This filing is submitted on recycled paper.
RECEAVE~
CONTROL
BOARD
CLERK’S
OFFICE
SEP
1
2
2003
PEOPLE OF THE STATE OF ILLINOIS,
S TAFE
OF ILLINOIS
Complainant,
)
~ _~$IIUtIOflControl Boar~j
v.
)
PCB NO.
(Enforcement)
VILLAGE
OF ENFIELD,
an
Illinois
municipal corporation
)
)
Respondent.
COMPLAINT
The PEOPLE
OF THE STATE OF ILLINOIS,
by
LISA MADIGAN, Attorney General of
the State of
Illinois,
at the request of the
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY,
complains of Respondent, VILLAGE
OF ENFIELD, as follows:
COUNT
I
CONSTRUCTION PERMIT VIOLATIONS
1.
This Complaint
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 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 which is charged, biter aha,
with the duty of enforcing
the Act.
3.
The Respondent, Village
of Enfield (“Enfield”)
is an
Illinois municipal corporation
providing water to
approximately 900 people through approximately 364 direct service
connections.
The Village of Enfield public water supply is located
in
Enfield,
White County,
)
)
1
Illinois.
The Village of Enfield obtains water from the Rend Lake
Intercities Water System via
the Hamilton
County Water District.
4.
Section 3.315 of the
Illinois
Environmental Protection Act (“Act”), 415
ILCS
5/3.315
(2002),
provides:
“PERSON” is any individual,
partnership,
co-partnership,
firm, company,
corporation,
association, joint stock company,
trust,
estate,
political subdivision,
state agency or any other legal entity or their legal
representative, agent or
assigns.
5.
Section
15 of the Act, 415
ILCS 5/15 (2002),
provides
as follows:
Owners of public water supplies,
their authorized
representative,
or legal
custodians, shall submit plans and
specifications to the Agency and obtain
written approval
before construction of any proposed
public water supply
installations,
changes or additions
is started.
Plans and specifications
shall be
complete and of sufficient detail
to show
all
proposed
construction,
changes, or
additions that may affect sanitary quality,
mineral
quality,
or adequacy of the
public water supply;
and, where necessary,
said plans and
specifications shall be
accompanied
by supplemental
data as may be required by the Agency to
permit
a complete review thereof.
6.
Section
17(a) of the Act, 415 ILCS 5/17(a) (2002),
provides:
The Board
may adopt regulations governing the location, design,
construction,
and continuous operation and
maintenance of public water supply installations,
changes or additions which may affect the continuous sanitary quality,
mineral
quality,
or adequacy of the public water supply, pursuant to
Title VII of this Act.
7.
Section
602.101
of the Board
Regulations,
35111. Adm.
Code 602.101,
provides
in pertinent part:
a)
No person shall cause or allow the construction of any new public water
supply installation or cause or allow the change of or addition
to
any
existing public water supply, without a construction permit issued by the
Environmental Protection Agency (Agency).
Public water supply
installation,
change,
or addition shall not include routine maintenance,
service pipe connections,
hydrants and valves,
or replacement of
equipment,
pipe and
appurtenances with equivalent equipment,
pipe,
and
appurtenances.
8.
On
May 15,
2000, the Illinois EPA received an
anonymous telephone call
reporting the installation
of an
unpermitted water main on
the south side
of Illinois Route
14
in
2
the Village of
Enfield.
A review of the Illinois EPA files indicated
that no
permits had
been
issued to Enfield for any extensions to
be made along
Illinois Route
14.
9.
On
May 18,
2000, the Illinois EPA representative conducted an
inspection
in
Enfield.
The
Illinois EPA inspector observed that approximately 2000 feet of water main had
been
installed on the south
side of Illinois Route
14.
There
were still
lengths of the pipe that
were
used
in the extension
laying
at the end
of the construction.
The Illinois
EPA inspector
noted that there was no hydrant on the
end of the watermain.
The Illinois EPA inspector further
observed a meter pit set on the north side of Route
14 and
a “service line” was trenched to the
house through the corn
field.
10.
At that time,
Enfield’s Superintendent
of Utilities,
Mr.
John
Smith,
stated that the
line was
constructed without a permit to avoid the cost of hiring an
engineer to
prepare plans
and
specifications for submission to the Illinois EPA.
Smith stated that Enfield
had
installed
other water mains
without obtaining Illinois
EPA construction and
operating permits,
but did
not
reveal the number or location
of those
mains.
Smith
also requested bottles for sampling the
water line,
and the Illinois EPA inspector directed
him to obtain sample bottles from the
laboratory used
by Enfield.
11.
On June
7, 2000, the Illinois EPA
issued a Violation
Notice (“VN”) to
Enfield,
citing the construction and
operation of a water main without
Illinois EPA construction and
operating
permits.
12.
In a letter dated July 25, 2000,
Enfield responded to the VN stating
that it failed
to apply for construction and operating
permits for the subject water main
because it was a
“rush job.”
13.
The Illinois EPA responded
in a letter dated August
10,
2000,
stating that the
Illinois EPA was considering
referring this matter for enforcement.
On
September 27, 2000,
the
3
Illinois EPA issued a
Notice of Intent to
Pursue Legal
Action letter to
Enfield for the violations
contained
in the Violation
Notice.
14.
The Illinois EPA held
a teleconference with Enfield on
October 25, 2000.
During
the teleconference, Enfield’s
Superintendent of Utilities admitted to constructing the water main
and stated that Enfield would submit plans and specifications for the water mains that had
been
installed and operated
without Illinois EPA permits.
15.
On June
5, 2000,
Brown, Roffmann
&
Roberts,
Inc., Enfield’s engineering
firm,
submitted
plans and specifications
for 3000 feet of water main
installed on
Route 14.
The
Illinois EPA
issued As-Built Permit Number 2361-FY2000 on
November 30, 2000.
16.
On
November 30, 2000,
Enfield submitted
plans and
specifications (“Log.
No.
2001-1 233”) for an additional
33,500 of water main that was constructed and operated
on
Route
14 without
Illinois EPA permits,
requesting that the
Illinois EPA add
that water main to
Permit Number 2361-FY2000.
17.
On
December 21, 2000,
the Illinois EPA sent a letter to
Enfield’s engineering
firm,
stating that
additional water mains could
not be added to
Permit Number 2361-FY2000
and that the Illinois
EPA would
issue
a separate As-Built Permit for the additional 33,500 feet of
water main
on Route
14 after Enfield submitted
plan revisions and
sample results for that
portion of the water line.
The Illinois EPA directed Enfield to
sample for bacteriological
contamination at all dead ends and
at taps located every 2000 feet on the water line.
18.
Enfield submitted the required
revisions to the plans
and specifications
but failed
to
submit bacteriological sample results for the water main.
Enfield continues
to operate that
33,500-foot portion of the water main on
Route
14 without an
Illinois EPA permit.
4
19.
By causing or allowing the construction of any new public water supply
installation without a construction permit issued by the Illinois EPA, the Village of Enfield
has
violated 35
III.
Adm.
Code 602.101
and
Section
15
of the Act, 415
ILCS 5/15 (2002).
PRAYER FOR
RELIEF
WHEREFORE,
the Complainant, People of the State of Illinois,
respecifully requests
that this
Board grant the following
relief:
A.
Find that the Respondent has
violated
Section
15, of the Act, 415 ILCS 5/15
(2002) and
35
III. Adm. Code 602.101;
B.
Order the Respondent to cease and desist from further violation of the Act and
associated
regulations;
C.
Assess against the Respondent a monetary penalty of up to fifty thousand
dollars ($50,000) for each violation
and
up to an additional ten thousand
dollars
($10,000) for
each
day that the violation
has
continued;
D.
Pursuant to Section
42(f) of the Act, 415
ILCS 5/42(f)
(2002),
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
this Board
deems appropriate.
COUNT
II
OPERATION PERMIT VIOLATIONS
BY THE VILLAGE OF ENFIELD
1.
This Count is brought by the Attorney General on
her own
motion.
2-18.
Complainant
realleges and
incorporates herein
by reference paragraphs 2
through
18 of Count las
paragraphs
2 through
18 of this Count
II.
19.
Section
18(a)(3), 415
ILCS 5/18(a)(3)
(2002), provides
as follows:
No person shall:
5
(3)
Construct, install or operate any
public water supply without a permit
granted by the Agency, or in
violation of any
condition
imposed by such a
permit.
20.
Section 602.102 of the
Board
Regulations,
35
Ill. Adm.
Code 602.102, which
provides as follows:
Operating permits
No owner or operator of a public water supply shall cause or allow the use or
operation of any new public water supply, or any new addition to an existing
supply,
for which a Construction Permit is required
under this Part, without an
Operating
Permit issued
by the Agency.
21.
By causing or allowing the operation
of any
new public water supply installation
without an operating
permit issued
by
the Illinois EPA, the Village of Enfield
has violated 35
III.
Adm.
Code 602.102
and
Section
18(a)(3) of the Act, 415
ILCS 5/18(a)(3) (2002).
PRAYER FOR
RELIEF
WHEREFORE,
the Complainant, People of the State of Illinois, respectfully requests
that this
Board grant the following relief:
A.
Find that the Respondent has
violated Section
18(a)(3) of the Act, 415 ILCS
5/18(a)(3)
(2002),
and
35
III. Adm. Code 602.102;
B.
Order the Respondent to cease and desist from further violation of the Act and
associated
regulations;
C.
Assess against the Respondent a monetary penalty of up to fifty thousand
dollars ($50,000) for each violation
and
up to an additional ten thousand dollars
($10,000) for
each day that the violation
has
continued;
D.
Pursuant to Section 42(f) of the Act, 415
ILCS 5/42(f)
(2002),
award the
Complainant its costs
in this matter, including
reasonable attorney’s fees and
expert witness
costs;
and
6
E.
Grant such other and further relief as this Board deems appropriate.
Respectfully submitted,
PEOPLE
OF THE
STATE OF ILLINOIS,
LISA MADIGAN
Attorney General
State of Illinois
MATTHEW
J.
DUNN, Chief
Environmental Enforcement/Asbestos
Litigation
Division
BY:__________________
THOMAS
DAVIS, Chief
Assistant Attorney General
Environmental Bureau
Of Counsel
SALLY A.
CARTER
Assistant Attorney General
500 South
Second Street
Springfield,
Illinois 62706
217/782-903
Dated:________
enfieldcomplain
common
7
CLERK’S OFFICE
BOARD
SEP
122003
PEOPLE OF THE STATE OF ILLINOIS,
)
STATE OF ILLINOIS
)
Pollution
Control Board
Complainant,
)
~
V
v.
)
PCB NO.
)
(Enforcement)
VILLAGE OF
ENFIELD, an Illinois municipal
)
corporation
)
Respondent.
)
MOTION
FOR RELIEF FROM HEARING
REQUIREMENT
NOW COMES the Complainant,
PEOPLE OF THE
STATE OF ILLINOIS,
by Lisa
Madigan, Attorney General
of the
State of Illinois,
and
pursuant to
subsection
32(c)(2) of the
Illinois Environmental Protection Act (“the Act”), 415
ILCS 5/32(c)(2)
(2002),
moves that the
Illinois
Pollution Control
Board
(“the Board”) grant the PEOPLE
OF THE STATE
OF ILLINOIS
and VILLAGE
OF ENFIELD,
relief from the hearing
requirement in the above-captioned matter.
In support of this motion,
Complainant states
as follows:
1.
Simultaneously with the filing of this motion,
the Complainant
is filing a Complaint
with the Board, alleging that the Respondent failed to
obtain construction and
operating permits
for new water mains
prior to construction and operation
of said
mains.
2.
The People of the State of Illinois and the Respondent, Village of Enfield,
have
reached agreement on
all outstanding issues
in this matter.
3.
This agreement is memorialized
and presented
to the Board
in a
Stipulation and
Proposal for Settlement, filed contemporaneously with this motion.
4.
The parties, the People of the State of Illinois
and Village of Enfield agree that a
hearing on the Stipulation and
Proposal for Settlement is not necessary,
and
request relief from
such a hearing as provided pursuant
to subsection
31 (c)(2) of the Act, 415 ILCS 5/31 (c)(2)
(2002).
WHEREFORE,
Complainant, People of the State of Illinois, hereby respectfully requests
that the Board grant this
Motion for Relief from the Hearing
Requirement between Village of
Enfield and the People of the State of Illinois,
as set forth
in subsection 31(c)(2) of the Act, 415
ILCS 5/31 (c)(2) (2002).
Respectfully submitted,
PEOPLE
OF THE STATE OF
ILLINOIS
LISA MADIGAN
ATTORNEY GENERAL
MATTHEW J.
DUNN, Chief
Environmental Enforcement
Division
BY:
Aat~-~12~t4~
SALLYOA.
CARTER
Environmental Bureau
Assistant Attorney General
500
South
Second Street
Springfield,
Illinois 62706
21 7/782-9931
Dated:____________
fl(~fl\fl,1~fl
R?C~D
BEFORE
THE
1~~j(\1~j~J
J~J~T~j~TROL
BOARDEP
I
~2003
~TArEOF
ILLiNOIS
PEOPLE OF THE STATE OF ILLINOIS,
)
llut~on
Control Board
)
0
Complainant,
)
~ ~
v.
)
PCBNO.
)
(Enforcement)
)
VILLAGE OF ENFIELD, an Illinois municipal
)
corporation,
)
)
Respondent.
)
STIPULATION
AND
PROPOSAL FOR SETTLEMENT
NOW COMES the Complainant, PEOPLE
OF THE STATE OF
ILLINOIS,
by LISA
MADIGAN, Attorney
General
of
the State ofIllinois, at the request ofthe Illinois Environmental
Protection Agency, and Respondent, Village ofEnfield
(“Enfield”), and hereby submit this
Stipulation and Proposal for Settlement.
The parties
agree
that the statement offacts contained
herein represents a fair summary ofthe evidence and testimony which would be introduced if a
full hearing were held.
The parties
agree
that this Settlement is a compromise ofa disputed
claim.
The parties
further
stipulate that this
statement of facts is
made and agreed upon for the
purposes of settlement only,
and that neither the fact that a
party
has entered into this
Stipulation
and proposal for settlement, nor any of the facts stipulated herein, shall be introduced into
evidence in this or any other proceeding except to
enforce the
terms
hereofby the parties
to
this
agreement.
Notwithstanding the foregoing, this Stipulation and Proposal for
Settlement and any
Illinois Pollution Control Board (“Board”) order accepting
same may be used
as a matter of
record in any future permitting or enforcement actions to be considered for purposes of Section
42(h) of the Illinois
Environmental Protection Act (“Act”), 415 ILCS
5/42(h)
(2002). This
1
agreement
shall
be null
and void unless the Board approves and disposes ofthis 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 ofthe parties consenting
hereto pursuant to the 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 Proposal
for Settlement and to
legally bind them to it.
III.
APPLICABILITY
This Stipulation and Proposal for Settlement shall apply to and be binding upon the
Complainant and the Respondent, Village of Enfield, and any officer, director,
agent, employee
or
servant ofRespondent,
as well as the Respondent’s successors and assigns.
The Respondent
shall notraise
as a defense to
any enforcement action taken pursuant to this Settlement the failure
of its officers, directors,
agents, servants, or employees
to take such action as shall be required to
comply with the provisions of this Settlement.
IV.
STATEMENT OF FACTS
1.
The Illinois Environmental Protection Agency (“Illinois EPA”) is
an
2
administrative agency established in the executive branch ofthe State government by Section 4
of the Act,
415 ILCS 5/4 (2002), and charged,
inter alia,
with the dutyof enforcing the Act.
2.
Respondent, Village ofEnfield is an Illinois municipal corporation providing
water to approximately 900 people through approximately 364 direct service cormections.
The
Village
of Enfieldpublic water supply is located in Enfield, White County, Illinois.
The Village
of Enfield obtains water from the Rend Lake Intercities Water System via the Hamilton County
Water District.
3.
On May 15, 2000, the Illinois EPA received an anonymous telephone call
reporting the installation of an unpermitted water main on the south side of Illinois Route 14
in
the Village of Enfield.
A review of the Illinois EPA files indicated that no permits had been
issued to Enfield for any extensions to be made along Illinois Route
14.
4.
On May 18, 2000, the Illinois EPA representative conducted an inspection in
Enfield.
The Illinois EPA inspector observed that approximately 2000 feet of water main had
been installed on the south side of Illinois Route
14.
There were still
lengths of the pipe that
were used in the extension laying at the end of the construction.
The Illinois EPA inspector
noted that there was no hydrant on the end ofthe watermain.
The Illinois EPA inspector further
observed
ameter pit set on the north side of Route 14 and
a “service line” was trenched to the
house through the corn field.
5.
At that time, Enfield’s Superintendent of Utilities, Mr.
John Smith, stated that the
line was constructed without apermit to avoid the cost of hiring an
engineer to prepare plans and
specifications for submission to
the Illinois EPA.
Smith stated that Enfield had installed other
water mains without obtaining Illinois EPA construction and operating permits, but did not
3
reveal the number or location of those mains.
Smith also requested bottles for sampling the
water line, and the Illinois
EPA inspector directed him to obtain sample bottles from the
laboratory used by Enfield.
6.
On June 7, 2000, the Illinois EPA issued a Violation Notice (“VN”) to Enfield,
citing the construction and operation of a water main without Illinois
EPA construction and
operating permits.
7.
In a letter dated July 25, 2000, Enfieldresponded to the VN stating that it failed to
apply for construction and operating permits for the subject water main because it was a “rush
job.”
8.
The Illinois EPA responded in a letter dated August
10, 2000, stating that the
Illinois EPA was
considering referring this matter for enforcement.
On September 27, 2000, the
Illinois EPA issued a Notice of Intent to Pursue Legal Action letter to Enfield for the violations
contained in the Violation Notice.
9.
The Illinois EPA held a teleconference with Enfield on October 25, 2000.
During
the teleconference, Enfield’ s Superintendent of Utilities admitted to constructing the water main
and
stated that Enfield would submit plans and specifications for the water mains that had been
installed and
operated without Illinois EPA permits.
10.
On June
5,
2000, Brown, Roffmann & Roberts, Inc., Enfield’s engineering firm,
submitted plans and specifications for 3000 feet of water main installed on Route 14.
The
Illinois EPA issued As-Built Permit Number 236 1-FY2000 on November 30, 2000.
11.
On November 30, 2000, Enfield submitted plans and specifications (“Log. No.
2001-1233”) for
an additional 33,500 of water main that was constructed
and operated on Route
4
14 without Illinois EPA permits, requesting that the Illinois EPA add that water main to Permit
Number 2361-FY2000.
12.
On December 21, 2000, the Illinois EPA sent a letter to Enfield’s
engineering
firm, stating that additional water mains could not be added to Permit Number 236 1-FY2000 and
that the Illinois EPA would issue a separate As-Built Permit for the additional 33,500
feet of
water main on Route
14 after Enfield submitted plan revisions and sample results for that portion
of the water line.
The Illinois EPA directed Enfield to sample for bacteriological contamination
at all dead ends and at taps located every 2000 feet on the water
line.
13.
Enfield submitted the required revisions to
the plans and specifications but failed
to submit bacteriological sample results for the water main.
Enfield continued to
operatethat
33,500-foot portion of the water main on Route
14 without
an Illinois EPA permit until July 28,
2003.
On that date, the Illinois EPA issued As-Built Permit Number 1233-FY2001.
14.
By causing or allowing the construction of any new public water supply
installation without
a construction permit issued by the Illinois EPA, the Village of Enfield has
violated 35 Ill. Adm.
Code 602.101
and
Section 15 of the Act,
415 ILCS
5/15
(2002).
15.
By causing or allowing the operation of any new public water supply installation
without an operating permit issued by the Illinois EPA, the Village of Enfield has violated 35 Ill.
Adm.
Code 602.102 and Section
18(a)(3) of the Act, 415 ILCS 5/18(a)(3) (2002).
V.
COVERED MATTERS
This Consent Order covers all claims asserted
against the Village of Enfield. in the
Complainant’s
Complaint concerning violations of the Act, 415 TLCS 5/1
et seq.
(2002),
and
the
5
regulations promulgated thereunder.
Covered matters do not include:
i)
Criminal
liability;
ii)
Claims based on the Respondent’s failure to meet the requirements ofthis
Consent Order;
iii)
Liability for future violation of state, local, federal,
and
common laws and/or
regulations;
iv)
Any future liability for natural resource damage or for removal, cleanup, or
remedial actions
as a result of a release ofhazardous substances orthe liability of
the Respondent under the Comprehensive Environmental Response Compensation
and Liability Act, 42 U.S.C.
Sections 9601-9675.
VI.
FUTURE PLANS
OF COMPLIANCE
Respondent shall continue to diligently conform to the Act, 415 ILCS 5/1
et seq.
(2002),
and the Board’s rules and regulations, 35 Ill. Adm. Code Subtitles A and H.
VII.
IMPACT ON THE
PUBLIC RESULTING FROM NON-COMPLIANCE
Section 33(c) of the Act, 415 ILCS
5/33(c) (2002), provides:
***
c.
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
6
the health,
general welfare
and physical property of the people;
2.
the social and
economic value of the pollution source;
3.
the suitability or unsuitabilityof the pollution source to the area in which it
is
located, including the question or 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
as follows:
1.
The injuryto, or interference with, the protection of the health, general welfare,
and physical property ofthe People would be characterized
as the potential for the contamination
of the public water supply and,
the degree of injurywould be dependent upon the extent of the
pollution and the degree of exposure to that pollution;
2.
The parties agree that the Village of Enfield’s water mains are of social
and
economic benefit;
3.
The Village of Enfield’s water mains that are the subject of the Complainant’s
complaint have been found suitable to
the area in which the mains are located by the Illinois EPA
for such use in the Village of Enfield;
4.
Complying with the Act and regulations is technically practicable
and
economically reasonable;
and
5.
The Respondent attained the required As-Built Permit for the 33,500 potion of the
water main installation on Route
14 on July 28, 2003.
VIII.
7
CONSIDERATION OF SECTION
42(11)
FACTORS
Section 42(h) of the Act, 415 ILCS
5/42(h) (2002), provides:
***
h.
in determining the appropriate civil penalty to
be imposed under subdivisions (a),
(b)(1), (b)(2), (b)(3), or (b)(5) of this Section, the Board is authorized
to consider
any matters of record in mitigation or aggravation ofpenalty,
including but not
limited to the following factors:
1.
the duration
and gravity of violation;
2.
the presence or absence of due diligence on the part of the violator in
attempting to comply with the 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 bythe violator and other persons similarly subject to the Act;
and
5.
the number, proximity in time,
and gravity ofpreviously adjudicated
violations of this Act by the violator.
In response to these factors, the parties state
as follows:
1.
The Respondent caused or allowed the construction of any new public water
supply installation without a construction permit issued by the Illinois EPA and caused or
allowed the operation of any new public water supplyinstallation without
an operating permit
issued by the Illinois EPA since at least May 15, 2000, and continued through at least May 21,
2003, and other dates known byRespondent.
2.
The Respondent attained the required As-Built Permit for the 33,500 potion of the
8
water main installation on Route
14
on July 28, 2003.
3.
The economic benefit accrued bythe Respondent’s noncompliance is the savings
realized by causing or allowing the construction and operation ofthe public water main
installation without a permit issued by the Illinois EPA.
4.
The Plaintiffhad determined, in this instance, that a settlement of three thousand
dollars ($3,000.00) will serve to deter violations
and aid in future voluntary compliance with the
Act and applicable regulations.
5.
There are not previously adjudicated violations of the Act by the Respondent.
IX.
TERMS OF SETTLEMENT
A.
The Respondent admits violations of Sections
15
and 18(a)(3) of the Act, 415
ILCS
5/15 andl8(a)(3) of the Act (2002),
35 Ill. Adm. Code 602.101
and 602.102, and any
and
all other statutory or regulatory provisions of Illinois law.
B.
The Respondent shall pay a settlement of three thousand dollars ($3,000.00) into
the Illinois Environmental Protection Trust Fund within thirty (30) days from the date on which
the Pollution Control Board adopts a final order approving this Stipulation and Proposal for
Settlement.
Payment shall be made by certified check or money order, payable to
the Treasurer
of the State of Illinois, designated to the Environmental Protection Trust Fund, and shall be sent
by first class mail to:
Illinois Environmental Protection Agency
Fiscal Services Section
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
9
Respondent’s Federal Employer Identification Number (“FE1N”) shall be written upon the
certified check or money order.
Respondent’s FEIN is:
37—0840479
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
C.
Respondent shall comply with
15
and
18(a)(3) ofthe Act, 415 ILCS
5/15
andl8(a)(3) of the Act (2002),
35 Ill.
Adm. Code 602.101
and 602.102 and
shall cease
and desist
from any violations of other federal,
state or local environmental statutes
and
regulations,
including the Act and the Board Rules and Regulations.
x.
COMPLIANCE WITH
OTHER LAWS AND REGULATIONS
This Stipulation and Proposal for Settlement in no way affects the responsibility of
Respondent to
comply with any federal, state, or local regulations, including but not limited to
the Act, 415 ILCS 5/1
et seq.
(2002), and the Board’s Rules and Regulations, 35 Ill. Adm. Code,
Subtitles A through H.
10
WHEREFORE, Complainant and Respondent request that the Board adopt and accept the
foregoing Stipulation and Proposal for Settlement as written.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS,
LISA MADIGAN
Attorney General
State of Illinois
MATTHEW J. DUNN, Chief
Environmental Enforcement/Asbestos
Litigation Division
DATED:
622L)
BY:_________________
THOMAS DAVIS, Chief
Assistant Attorney General
Environmental Bureau
ILLINOIS ENVIRONMENTAL
PROTECT
GENCY
DATED:_______
BY:_________________
Chief Legal
Division of Legal Counsel
VILLAGE OF ENFIELD
DATED:
~
BY:
9
~
THOMA~.HARBOUR
Mayor
~‘
11
CLERK’S OFFICE
SEP
122003
STATE OF ILLINOIS
Pollution
Control Board
Lisa Madigan
~
4
-.~o
ATTORNEY GENERAL
September 9, 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 Enfield
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 STIPULATIONAND
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,
Sally A.
Carter
Environmental Bureau
500
South Second Street
Springfield,
Illinois 62706
(217)
782-9031
SAC/pp
Enclosures
500 South Second
Street, Springfield, Illinois
62706
•
(217)
782-1090
•
TT’Y:
(217) 785-2771
•
Fax:
(217) 782-7046
100
West Randolph Street,
Chicago, Illinois
60601
•
(312) 814-3000
•
TTY: (312)
814-3374
•
Fax: (312) 814-3806
1001
East Main, Carbondale,
Illinois
62901
•
(618)
529-6400
•
TTY: (618) 529-6403
•
Fax: (618) 529-6416
OFFICE
OF THE ATTORNEY GENERAL
STATE OF ILLINOIS
