0
OCT
~
2003
OFFICE
OF THE ATFORNEY GENERAL
~
STATE
OF ILLINOIS
STATE OF ILLINOIS
OllUtfr~flControl Board
Lisa Madigan
ATTORNEY GENERAL
October 28, 2003
The Honorable Dorothy Gunn
Illinois Pollution Control
Board
State of Illinois Center
100 West Randolph
Chicago,
Illinois 60601
Re:
People
v.
RIBA FAIRFIELD,
INC.,
a Delaware corporation
PCB No.
03-14
Dear Clerk Gunn:
Enclosed for filing please find the original and ten copies of a NOTICE OF FILING, 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,
Delbert
D.
Haschemeyer
Environmental Bureau
500 South
Second Street
Springfield,
Illinois 62706
(217) 782-9031
DDH/pp
Enclosures
500
South Second
Street, Springfield,
Illinois
62706
•
(217)
782-1090
•
T’I’Y:
(217)
785-2771
•
Fax:
(217)
782-7046
100 West
Randolph
Street.
Chicago,
Illinois
60601
•
(312) 814-3000
•
‘F’’Y:
(312)
814-3374
•
Fax: (312) 814-3806
1001
East
7vlain,
Carbondale,
Illinois
62901
•
(618)
529—640()
•
1’l’Y:
(618) 329-6403
•
Fax:
(618) 529—6416
BEFORE THE
ILLINOIS
POLLUTION
CONTROL BOARD
RECE~VEJ~
MACON
COUNTY, ILLINOIS
CLERK’S
OFFICE
PEOPLE OF
THE STATE OF
)
OCT
:312003
ILLINOIS,
)
STATE
OF ILLINOIS
Pollutj0,~
Control Board
Complainant,
v.
)
PCB
NO. 03-14
)
(Enforcement)
RIBA-FAIRFIELD,
INC.
a Delaware corporation,
)
Respondent.
NOTICE
OF
FILING
To:
James
E.
Peckert
Kehert, Shafter,
Webber
& Robinson
101
South Main,
Suite
200
P.O.
Box 860
Decatur,
IL 62528-0860
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
NOTICE
OF
FILING,
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
Litigati
ivision
BY:_______________________
DELBERT D. HA~CHEMEYER
Assistant Attorney General
Environmental Bureau
500 South
Second Street
Springfield,
Illinois 62706
217/782-9031
Dated:
October 28, 2003
CERTIFICATE
OF
SERVICE
I
hereby cerUfy that
I did
on
October 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,
MOTION
FOR
RELIEF
FROM
HEARING REQUIREMENT and
STIPULATION AND
PROPOSAL
FOR SETTLEMENT:
To:
James
E.
Peckert
Kehert,
Shafter,
Webber
& Robinson
101
South
Main,
Suite 200
P.O.
Box 860
Decatur,
IL 62528-0860
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
A copy was
also sent to:
Brad
Hälloran
Hearing Officer
Illinois Pollution
Control
Board
James
R.
Thompson Center
Suite
11-500
100 West Randolph
Chicago,
IL 60601
Delbert D.
Haschemeyer
Assistant Attorney General
This filing is submitted
on
recycled paper.
BEFORE THE
ILLINOIS POLLUTION
CONTROL BOARD
MACON
COUNTY, ILLINOIS
RECEAVED
CLERK’S
OFFICE
PEOPLE OF THE STATE OF
)
OCT
312003
ILLINOIS,
)~
)
STATE
OF ILLINOIS
Complainant,
)
Pollution
Control Board
v.
)
PCB NO. 03-14
)
(Enforcement)
RIBA-FAIRFIELD,
INC.
a Delaware
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 August 12,
2002,
Complainant filed a
Complaint with the
Board,
alleging
violations
by the Respondent of the hazardous waste regulations.
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
31 (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
ation
Division
BY:
DELBERT D.
HA
EMEYER
Environmental Bureau
Assistant Attorney General
500
South Second Street
Springfield,
Illinois 62706
217/782-9031
Dated: October 28, 2003
2
BEFORE THE
ILLINOIS POLLUTION
CONTROL BOARR~C~yED
CLERK’S
OFFICE
PEOPLE OF
THE STATE OF
)
ILLINOIS,
)
OCT
3
1
2003
)
STATE OF ILLINOIS
Complainant,
)
Pollution
Control Board
V.
)
PCB
NO.
03-14
)
(RCRA Enforcement)
RIBA-FAIRFIELD,
INC.
a Delaware corporation,
)
Respondent.
STIPULATION
AND
PROPOSAL
FOR
SETTLEMENT
NOW COME the Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA MADIGAN,
Attorney General of the State of Illinois, and the Respondent,
RIBA-FAIRFIELD, INC., a Delaware
corporation,
by Kehart Shafter Webber
& Campbell Robinson,
its attorneys,
and hereby stipulate
and agree as follows:
I.
INTRODUCTION
1.
The
Complainant,
People
of the
State
of
Illinois
(the
“Complainant”),
the
Illinois
Environmental
Protection
Agency,
an
agency of the
State
of
Illinois
(the “Illinois
EPA”),
and the
Respondent,
Riba-Fairfield,
Inc.,
a Delaware corporation (the “Respondent”),
agree to the terms
hereof and agree to the submission
hereof to the Illinois Pollution Control
Board
(the “Board”) for
its
approval and acceptance.
2.
The Complainant initiated an adversarial proceeding before the Board and
against
the Respondent by the filing of a complaint with the Board.
The Respondent filed a timely answer
to said complaint.
3.
The Complainant later soughtand received permission to fiI~an
amended cornpFaint
(the “Amended
Complaint”) with the Board,
and the Respondent has filed
its Answer thereto.
4.
The
parties
hereto
have
engaged
in
good
faith
discussions
and
negotiations
1
regarding
possible
resolution
of the matters,
issues
and
disputes between
them
as
described
generally in
the Amended
Complaint and the Respondent’s Answer thereto.
5.
For
purposes
of
settlement
of
the
matters
alleged
by
the
Complainant
in
the
Amended
Complaint,
the
parties
have
entered
into
the
present
Stipulation
and
Proposal
for
Settlement (this “Stipulation”).
Should
the Board
reject this Stipulation, or decline
to
accept and
approve the same, this Stipulation shall be deemed null and void for all purposes, and no statement
contained
herein
shall be admissible
in the favor of, or against,
any party hereto.
6.
The parties hereto 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 Amended
Complaint except as otherwise provided herein.
7.
If
the
Board
approves
and
enters
an
Order consistent
with
this
Stipulation,
the
Respondent agrees
to
be bound
by such
Order and
not to contest
its validity in
any subsequent
proceeding to implement or enforce its terms.
II.
JURISDICTION
8.
The Board
has subject matter jurisdiction of the matters and
issues set forth
in the
Amended Complaint, as well as
in personam
jurisdiction over all
parties hereto, all as provided by
the Illinois
Environmental Protection Act, 415 ILCS 5/1,
etseq.
(2002) (the “Act”).
III.
AUTHORIZATION
9.
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
each party to
a resulting Order consistent with the terms
herein.
2
IV.
STATEMENT OF FACTS
A.
The Parties.
10.
On
August
12,
2002,
a
Complaint
(the
“Complaint”)
was
filed
against
the
Respondent on behalf of the People of the State of Illinois by the Attorney General of the State of
Illinois,
on
the Attorney General’s
motion
and
upon
the request
of the Illinois
EPA,
pursuant to
Section 42(d) and
(e) of the Act, 415
ILCS 5/42(d) and (e)
(2002).
11.
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).
12.
At
all
times relevant to
the Amended
Complaint,
the
Respondent was,
and
is,
a
Delaware corporation
in
good standing, authorized
to transact business
in
the State of Illinois.
B.
Site Description.
13.
At
all
times
relevant
to
the
Amended
Complaint,
the
Respondent
owned
and
operated
a facility which manufactures
fragrance and
food
flavoring
for the food
and
perfume
industry,
located at 3210 Parkway Drive,
Decatur,
Macon
County,
Illinois
(the “Facility”).
C.
Allegations of Non-Compliance.
14.
In
the Amended
Complaint,
the
Complainant
alleged
that
the
Respondent
had
violated thefollowing
provisions of theAct and the regulations promulgated bythe Board underthe
authority vested in
the Board
pursuant to the Act
(the “Regulations”):
(a)
commencing
on
or before
April 27,
2000,
and
continuing to some
date
known to the
Respondent,
the
Respondent stored wastes
classified
within
applicable
regulations as
DOOl,
F003
and
F005
hazardous
waste
without a permit granted by the
Illinois EPA in
violation of Section
21(p) of
the Act, 415
I LCS 5/21(p) (2000), and
in violation of Section 703.121(a) and
(b)
of
the
Board’s
Hazardous
Waste
Regulations,
35
III.
Adm.
Code
703.121 (a) and
(b);
(b)
commencing
on or before April
27,
2000,
at
a time known to
the
Respondent,
and
continuing to
some
date
known
to
the Respondent,
the
Respondent
stored
hazardous
waste
without developing
and
following
a
written waste analysis plan in violation of Section
725.113(b) of the Board’s
3
Hazardous Waste
Regulations,
35
III. Adm.
Code 725.113(b);
(c)
commencing
on
or before
April
27, 2000,
at a time
known to
the
Respondent,
and
continuing
to
some
date
known to
the Respondent,
the
Respondent failed
to
conduct
inspections,
weekly or otherwise,
so as
to:
prevent
leaking
or deterioration,
open containers,
failed
to
develop
and
follow a
written
schedule for inspecting, failed to remedy a deterioration and
failed
to
record
inspections
in
inspection
log
or
summary
in
violation
of
Section
725.115
and
Section
725.274
of the
Board’s
Hazardous
Waste
Regulations,
35
III.
Adm. Code 725.115 and
725.274;
(d)
commencing
on
or before
April
27,
2000,
at
a
time known
to
the
Respondent,
and
continuing
to some
date
known
to
the Respondent,
the
Respondent
failed
to
keep
a
written
operating
record
at
their
facility
in
violation of Section 725.173 of the Board’s Hazardous Waste Regulations,
35
III. Adm.
Code 725.173;
(e)
the Respondent did
not prepare and submit an
annual report to the
Illinois EPA by March
1,
2000 in violation of Section
725.125 of the Board’s
Hazardous Waste
Regulations,
35
III. Adm.
Code 725.125;
(f)
commencing
on or before
April
27,
2000,
at
a time
known
to
the
Respondent,
and
continuing
to
some
date
known
to
the
Respondent,
Respondent failed
to
have
a
written
closure
plan
in
violation
of
Section
725.212(a) of the Board’s Hazardous Waste Regulations, 35 Ill. Adm. Code
725.212(a);
(g)
commencing
on
or before
April
27, 2000,
at a
time known
to
the
Respondent,
and
continuing
to
some date
known to
the
Respondent, the
Respondent failed
to have a detailed written estimate of the cost of closing
the
facility
in
violation
of
Section
725.242(a)
of
the
Board’s
Hazardous
Waste
Regulations,
35
III.
Adm.
Code 725.242(a);
(h)
commencing
on
or
before April
27, 2000,
at
a time
known
to
the
Respondent,
and
continuing
to
some date
known
to the
Respondent,
the
Respondent failed
to establish financial assurance for closure of the facility
in
violation
of
Section
725.243
of
the
Board’s
Hazardous
Waste
Regulations,
35
III.
adm.
Code 725.243; and
(i)
commencing on August 14, 2001, and continuing to a date known to
the
Respondent,
Respondent
failed
to
complete
all
closure
activities
by
August 14, 2001
in violation of closure log
No. C-828 in
violation of Section
703.121(a) and
725.212(b)
of the Board’s Hazardous Waste
Regulations,
35
III. Adm. Code 703.121(a) and 725.21 2(b), and Section 21(f) of the Act,
415 ILCS 5/21(f) (2000).
4
D.
Admission of Violations.
15.
The Respondent represents that it has entered into this Stipulation and Proposal for
Settlement for the purpose of settling and
compromising disputed
claims without having to
incur
the expense of contested
litigation.
By entering
into this Stipulation and
Proposal for Settlement
and
complying with
its terms, the Respondent does
not affirmatively admit the violations alleged
within the Complaint,
and this Stipulation
and Proposal for Settlement shall not
be interpreted as
including such admission.
E.
Compliance Activities to
Date.
16.
Subsequent
to
the
initial
inspection
by
the
Illinois
EPA
and
report
of
alleged
violation(s),
the Respondent undertook actions to
remediate any alleged violations, which action
included the following:
(a)
the Respondent identified the materials, alleged by the Illinois
EPA
to constitute waste, and the area where any such materials were stored by
the Respondent;
(b)
the
Respondent
reviewed
all
available
information
to
determine
whether any discharge
of
such
materials
had
occurred
that
would
have
affected any area other than the storage area identified by the Respondent;
and
(c)
on
or
prior
to
June
7,
2000,
the
Respondent
caused
all
such
materials
to
be
removed
from
the
Respondent’s
facilities
pursuant
to
Uniform Hazardous Waste Manifests,which thereafter were submitted to the
Illinois
EPA as
an
appendix
to
the closure
plan
initially
submitted
by the
Respondent
to the Illinois
EPA, dated
in
October of 2000.
V.
APPLICABILITY
17.
This Stipulation, and all duties
and obligations imposed hereunder, shall applyto and
be
binding
upon the Complainant and
the Respondent, as well as any and all
directors, officers,
employees, successors
and assigns thereof.
18.
In any enforcementaction, if any, taken pursuant to any Board Order resulting from
this Stipulation, the Respondent shall not raise as a defense thereto any failure by the Respondent
5
(or its directors, officers, employees, successors and assigns) to take actions as may be required
under this Stipulation.
VI.
COMPLIANCE WITH
OTHER LAWS
AND REGULATIONS
19.
Neither this
Stipulation,
any
Board
Order
issued
accepting
and
approving
this
Stipulation, nor any term or provision of this Stipulation, shall affect, alter, orimpact the duties and
obligations
of the Respondent to comply otherwise with the Act, the Regulations, or other federal,
state or local laws applicable
thereto.
VII.
IMPACT ON
THE PUBLIC
RESULTING FROM ALLEGED NON-COMPLIANCE
20.
Section 33(c) of the Act, 415
ILCS 5/33(c)
(2002),
provides that:
un
making
its
orders
and
determinations,
the
Board
shall
take
into
consideration
all
the
facts
and
circumstances
bearing
upon
the
reasonableness of the emissions, discharges, ordeposits involved involving,
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.
thetechnical practicability and economic reasonableness of reducing
or eliminating
the emissions,
discharges or deposits
resulting
from
such
pollution source; and
5.
any subsequent compliance.
21.
In
response
to
these
factors
(set forth
in
the
immediately
preceding
paragraph
hereof),
the parties state
the following:
(a)
the activities complained of posed a potential threatto human health
and the environment;
(b)
the activities complained of posed a potential threat to human health
and the environment, the parties are unaware of any actual injury to human
health or the environment;
6
(c)
there is social
and economic benefit to the Facility;
(d)
operation of the Facility was and
is suitable for the area
in which it
is located;
(e)
compliance
with
the
applicable
requirements
is
both
technically
practical and economically reasonable;
and
(f)
the Respondent
has
subsequently
complied
with
the Act and
the
Regulations.
VIII.
CONSIDERATION
OF SECTION
42(h)
FACTORS
22.
Section 42(h)
of the Act, 415 ILCS 5/42(h) (2002),
provides that:
in
determining the appropriate civil penalty to
be imposed under.
.
.
this
Section,
the
Board
is
authorized
to
consider
any
matters
of
record
in
mitigation oraggravation of penalty,
including but noulmited
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
ths
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 the Act by the violator.
23.
In
response
to
these
factors
(set forth
in
the immediately
preceding
paragraph
hereof), the parties state as follows:
(a)
the Respondent acknowledges that
the time
frame
alleged
in
the
Amended
Complaint is proper for the alleged
activities;
(b)
following the presentation of claims to the Respondent by the Illinois
EPA,
the Respondent was
diligent
in
attempting
to
remediate the
alleged
violations of the Act and the Regulations;
7
(c)
the Respondent may
have
realized
an
economic
benefit from
the
alleged violations
of the Act and
the Regulations,
although
such
benefits
lack
quantification,
are
likely
related
to
the costs
associated
with
proper
storage and
disposal of
hazardous wastes;
(d)
the Complainant
has
determined
that
a penalty of
Five Thousand
Dollars
($5,000.00)
will
serve
to
deter
violations
of
the
Act
and
the
Regulations in the future and
aid
in future compliance with the Act and the
Regulations; and
(e)
the Respondent offers,
and
to
the
Complainant’s
knowledge, the
Respondent
has
no
previously
adjudicated
violations
of
the
Act
or
the
Regulations.
IX.
TERMS
OF
SETTLEMENT
A.
Penalty Payment.
24.
Within thirty (30) days after the
Board adopts and issues an Order incorporating the
terms of this Stipulation, the Respondent shall pay to the Complainant a penalty in the amount of
Five Thousand Dollars
($5,000.00), which
penalty shall
be
made
by
a certified
check
(or
bank
money order), 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
P.O.
Box 19276
Springfield,
IL 62794-9276
The
name and
number of
the case
and
Respondent’s
Federal Employer Identification
Number
(FEIN), 37-1276278, shall appear on the check.
A copy of the certified check or bank money order
and the transmittal letter shall be sent to:
Attorney General’s Office
Environmental Bureau
Attn:
Peggy Poitevint
500 South
Second Street
Springfield,
IL 62706
25.
Without prejudice
to
seek
any
other
remedy as provided
for
by
law,
pursuant
to
8
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(a)
(2002).
Interest on any unpaid
payment shall begin
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 and
in the manner described above.
26.
For purposes of payment
and
collection, the
Respondent may be
reached
at the
following
address:
Riba-Fairfield,
Inc.
c/o James
E.
Peckert,
Esquire
Kehart,
Robinson & Booth
132 South Water Street,
Suite 200
Post Office
Box 860
Decatur,
IL 62525-0860
27.
In the event of default by either party hereto, the other party shall
be entitled to
all
available
relief
as
provided
for
by
law,
including,
but
not
limited
to,
costs
of
collection
and
reasonable attorney’s fees necessarily incurred.
B.
Future
Use.
28.
Notwithstanding any other language in this Stipulation to the contrary, this Stipulation
and
resulting
Board
Order
may
be
used
in
any
subsequent
enforcement
action
or
permit
consideration
as evidence
of
past adjudicated
violation(s)
of
the Act
and
the Regulations,
for
purposes of Section 39(i)
and 42(h) of the Act, 415 ILCS
5/39(i) and
5/42(h)
(2002).
C.
Correspondence,
Reports and
Other Documents
29.
Any and all correspondence,
reports and any other documents required under this
Stipulation,
except for payment(s)
pursuant to
para.
24 hereof,
shall be submitted
as follows:
9
As
to the Complainant
Kyle
Davis
Assistant Counsel
Illinois
Environmental Protection Agency
1021 North Grand
Avenue East
P.O. Box 19276
Springfield,
IL 62794-9276
cc:
Rich
Gerard, Manager
Champaign FOS
2125
South
First Street
Champaign,
IL 61820
As
to the Respondent
Riba-Fairfield,
Inc.
c/o James
E.
Peckert,
Esquire
Kehart,
Robinson & Booth
132 South
Main
Street,
Suite 200
P.O.
Box 860
Decatur,
IL 62525-0860
D.
Right of Entry
30.
In addition to any other authority, for a
period of six (6) calendar months, the Illinois
EPA,
its employees and representatives, and the Office of the Attorney General, its employees and
representatives, shall have the right of entry into and upon the Facility which is the subject of any
future Board Order entered pursuant to
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 Office of the Attorney General,
its employees
and
representatives
may
take photographs,
samples,
and collect information, as they deem
necessary.
31.
Upon
the
expiration
of
the
six
(6)
month
period
described
in
the
immediately
preceding paragraph hereof, the
Illinois
EPA,
its employees
and
representatives,
and the Office
of the Attorney General, and its employees and representatives shall have the same right to enter
upon the Facility for purposes
of inspection as they possess pursuant
to applicable law.
E.
Cease
and
Desist.
10
32.
The Respondent shall cease and desist from all future violations of the Act and the
Regulations.
F.
Release of
Liability.
33.
In
consideration
of
the
Respondent’s
payment
of
the
Five
Thousand
Dollars
($5,000.00)
penalty,
and
covenant to
cease
and
desist
from
future violations,
and
upon
the
completion of all activities required hereunder, and
upon the Board’s acceptance and
approval of
the terms of this Stipulation, the Complainant and the Illinois EPA releases, waives and discharges
the Respondent,
any
of its directors,
officers,
employees, successors or assigns,
for
any further
liability or penalties for violations of theAct and the Regulations that were the subject matter of the
Complaint and Amended Complaint.
Said
release set forth herein does not extend to any matters
other than
those expressly specified
in
the Complaint or Amended
Complaint.
The Complainant
and
Illinois
EPA
reserves,
and
any resulting
Board
Order is without
prejudice to,
other
matters
including but not limited to,
the following:
(a)
criminal liability;
(b)
liability for future violation of state,
federal, loáal,
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 covenant not to
sue for
any claim or cause
of action,
administrative or judicial,
civil or criminal,
past or future,
in
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
(2002),
or entity
other
than
the
Respondent,
its
directors,
officers,
employees,
successors or assigns.
11
G.
Enforcement of Consent Order.
34.
Upon the entry of the Board’s Order approving
and accepting
this Stipulation, such
Order shall
be
binding
and
enforceable
and
shall
be
enforceable
as such
through any
and
all
available means.
35.
The Respondent agrees that notice
of any subsequent proceeding to enforce the
(or any) Board Order approving and accepting this Stipulation may be made by mail
to the person
identified in
para. 29
hereof, and the Respondent otherwise waives any requirement of service of
process.
36.
It
is the intent
of the Complainant and
the Respondent that the
provisions of this
Stipulation and any Board Order accepting and approving such shall be severable,
and should any
provision be
declared
by
a court of competent jurisdiction to
be inconsistent with
state or federal
law, and therefore unenforceable,
the remaining provisions shall remain in full force and
effect.
37.
The
parties
further
agree
that
any
headings
utilized
herein
are
solely
for
the
convenience of the parties
and
the Board, and such
headings are
not intended to,
nor shall they
be interpreted or construed to,
alter, amend, modify, enlarge,
increase, diminish or decrease any
language of the enumerated
paragraphs of this Stipulation.
38.
The parties further stipulate
and agree that upon execution
hereof by all interested
signatories,
this Stipulation
may be submitted
to
the Board
by the Complainant, who may inform
the
Board
that the parties jointly submit this Stipulation for consideration and action
bythe Board.
39.
this Stipulation consists of thirteen (13) pages,
inclusive of thefollowing page where
signatures appear,
and
thirty-nine (39)
enumerated
paragraphs,
inclusive of the present.
WHEREFORE, the Complainant and the Respondent, pray that the Illinois Pollution Control
Board adopt and approve of this Stipulation and Proposal for Settlement, as written and submitted
12
thereto,
and
that the Board
enter an
Order consistent with the settlement terms
and
provisions
hereof and
including
any additional
and further relief that the Board deems just and
appropriate.
Respecifully submitted,
PEOPLE OF THE STATE OF ILLINOIS,
LISA
MADIGAN,
Attorney General
State
of Illinois,
MATTHEW
J.
DUNN, Chief
Environmental Enforcement/Asbestos
Litigation
Division
Dated:
(~/-~?
~
i
Dated:
,/o
—3
-C
7
Dated:_/Oc~3O~
BY:
THOMAS
DAVIS,
Chief
Environmental Bureau
Assistant Attorney General
ILLINOIS
ENVIRONMENTAL
PR~EQTIONAGE
BY:~~
7J~’SEP
E. SVOBO~A
L~-~hief
Legal
Counsel
Division of Legal
Counsel
RIBA-FAIRFIELD,
INC.,
a Delaware corporation
13
