REC~V~D
C’..ERK’g
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
MAY
05
2004
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
TEXACO REFINING & MARKETING,
INC.,
a Delaware Corporation,
Respondent.
STATE OF ILLINOIS
PoIlut~onControl Board~
PCB No.
02-3
(RCRA
-
Enforcemact)
TO:
ATTACHED SERVICE LIST
NOTICE OF FILING
PLEASE TAKE NOTICE that on May
~,
2004,
we filed
w:fth the
Illinois Pollution Control Board a MOTION TO
CHANGE
hAP~f~uN,1\~’iJ:X~ji~
FOR LIMITED RELIEF FROM
35
ILL.ADM. CODE l0l.302(p~),
~TI:ULATI.iON
~ND
PROPOSAL
FOR
SETTLEMENT
and
MOTION
TO
REQUEST
RELIEF
.FIRO;
uE/~~fN(;
REQUIREMENT
a
true
and
correct
copy
of
which
is
attached
and
hereby
served
upon
you.
BY:
Respectfully submitted,
LISA
MADIGAN
Attorney
General
State
o~Illi~ois
AssisI
Environmental Bureau
18S W. Randolph St.,
20th Floor
Chicago, Illinois
60601
(312)
814-3532
f
I
V
SERVICE
LIST
Dorothy M.
Gunn
John A.
Urban,
Civil Chief
Clerk of the Board
Will County State’s Attorney’s
Illinois Pollution Control
Office
Board
121
N.
Chicago Street
100
W. Randolph St.,
11th
Floor
Joliet,
Illinois 60432
Chicago,
Illinois 60601
Barbara
Magel
Karaganis,
White
&
Magel
North
Orleans
Street
Suite 810
Chicago,
Illinois 60610
RE
CE
~V
E D
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
MAY
p52004
PEOPLE OF THE STATE OF ILLINOIS,
)
STATE OF ILLINOIS
PolIut~onControl Board
Complainant,
PCB No.
02-3
v.
)
(RCRA
-
Enforcement)
TEXACO
REFINING &
MARKETING,
INC.,
a Delaware Corporation,
Respondent.
MOTION TO
CHANGE CAPTION
NOW COMES the Plaintiff, by LISA MADIGAN, Attorney General of the
State of Illinois,
and, pursuant to 35
Ill. Adm.
Code 101.500, moves
the Board for leave to change the caption
in this matter, and in
support thereof, states as follows:
1.
The Complaint in this matter was originally filed on July
12,
2001.
The named Respondent at that time was Texaco Refining and
Marketing,
Inc.
(“TRNI”)
2.
On October
9,
2001,
Texaco Inc.,
the parent of TRMI,
combined with Chevron Corporation,
to become ChevronTexaco Corporation
(“ChevronTexaco”)
.
Upon an internal reorganization following the
merger,
Chevron Environmental Services Company assumed ownership and
operational control of the former Texaco Lockport Refinery.
The
Illinois EPA approved a modification request on May 15,
2002 to
transfer owner and operator status under the RCRA Permit applicable to
the facility to Chevron Environmental Services Company.
3.
For the above reasons, the caption in this matter should now
identify the TRMI’s successor,
Chevron Environmental Services Company,
as Respondent.
4.
Simultaneously with this Motion,
the parties are filing a
Stipulation and Proposal for Settlement with the Board.
The caption
of that document names Chevron Environmental Services Company and
contemplates the filing of this Motion.
Stipulation and ~roposal for
Settlement at IV.A.6.
5.
Counsel for the Respondent has authorized the Complainant to
represent that
it has no objection to this motion.
WHEREFORE,
the Complainant, PEOPLE OF THE STATE OF ILLINOIS,
by
LISA MADIGAN, Attorney General of the State of Illinois, requests
leave to change the caption of this matter as described herein.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
Office of the Attorney General
Environmental Bureau
188 W. Randolph Street,
20th
Floor
Chicago,
Illinois 60601
312 814-3532
RECEIVED
CLERK’S OFFICE
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
MAY
-
52004
PEOPLE
OF
THE
STATE
OF
ILLINOIS,
)
STATE OF ILLINOIS
Pollution Control
Board
Complainant,
PCB No.
02-3
v.
)
(RC1RA
-
Enforcement)
CHEVRON ENVIRONMENTAL SERVICES
COMPANY,
a Delaware Corporation,
Respondent.
MOTION FOR LIMITED RELIEF FROM
35
ILL. ADM. CODE 101.302(h)
NOW
COMES
the
Plaintiff,
by
LISA
MADIGAN,
Attorney
General
of
the
State
of
Illinois,
and,
pursuant
to
35
Ill.
Adm.
Code
101.500,
moves
the
Board
for
limited
relief
from
the
requirements
of
35
Ill.
Adm.
Code
101.302(h),
and
in
support
thereof,
states
as
follows:
1.
Contemporaneously
with
this
Motion
the
Plaintiff
is
filing
a
Stipulation
and
Proposal
for
Settlement
(“Stipulation”)
in
this
matter.
Three attachments are included as part of the Stipulation.
One of the attachments consists of a copy of the RCRA. part B post
closure permit issued to the Respondent and covering the site at issue
in this matter.
That attachment is in excess of 100 pages long.
2.
The parties believe that the attachments are necessary for
the resolution requested in the Stipulation in this matter.
However,
due to their length,
the Complainant requests the Board grant it leave
to file less than the nine plus original copies of the attachments
required by 35
Ill. Adm.
Code 101.302(h). Complainant requests leave
to file the number of attachment copies required by the exceptions to
Section 302(h),
that
is, one with the original and four additional
copies,
for a total of five
(5) copies of the attachments.
3.
The relief sought in this motion is sought to save resources
of the Complainant and the Board.
4
Complainant is authorized to represent that the Respondent
has no objection to the relief sought in this matter.
WHEREFORE,
the
Complainant,
PEOPLE
OF
THE
STATE
OF
ILLINOIS,
by
LISA
MADIGAN,
Attorney General of the State of Illinois, requests
limited relief from the requirements
of 35
Ill. Adm.
Code 101.302(h)
as described herein.
Respectfully
submitted,
PEOPLE
OF
THE
STATE
OF
ILLINOIS
By
:
~hri st~2~ei~
P.
an
Assistant
At
General
Office
of
the
Attorney
General
Environmental
Bureau
188
W.
Randolph
Street,
20th
Floor
Chicago,
Illinois
60601
312
814-3532
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
PCB No.
02-3
v.
)
(RCRA
-
Enforcement)
CHEVRON
ENVIRONMENTAL
SERVICES
COMPANY,
a Delaware Corporation,
Respondent.
STIPULATION AND PROPOSAL FOR SETTLEMENT
Complainant,
PEOPLE
OF
THE
STATE
OF
ILLINOIS
(“State”),
by
LISA
MADIGAN,
Attorney General of the State of Illinois, and JEFF TOMCZAK,
State’s Attorney of Will County,
on their own motion and at the
request of the Illinois Environmental Protection Agency
(“Illinois
EPA”), and Respondent, CHEVRON
ENVIRONMENTAL
SERVICES
COMPANY, (“CHEVRON”),
a Delaware corporation,
as successor to Texaco
Refining
&
Marketing
Inc.
(“TRMI”),
do hereby agree to this
Stipulation
and
Proposal
for
Settlement
(“Settlement”)
.
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
full
hearing
was
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 Settlement, nor any of the facts stipulated herein,
shall be
introduced into evidence in this or any other proceeding except to
enforce the terms of this Settlement.
No statement made herein or
obligation assumed hereunder shall be nor construed to be an admission
of liability on the part of the Respondent.
Notwithstanding the
previous sentences,
this Settlement and any Illinois Pollution Control
Board
(“Board”)
order accepting same may be used in any future
enforcement action as evidence of a past adjudication of violations of
the Illinois Environmental Protection Act
(“Act”)
for purposes of
Sections 39(i) and 42(h)
of the Act,
415 ILCS 5/39(i)
and 5/42(h)
(2002)
.
Respondent hereby reserves its rights to contest such
evidence.
This Settlement shall be null and void unless the Board
approves and disposes of this matter on each and every one of the
terms and conditions of the Settlement set forth herein.
I.
JURISDICTION
The Board has jurisdiction of the subject matter herein and of
the parties consenting hereto pursuant to Section 31 of the Act,
415
ILCS 5/31 et
seq.
(2002)
II.
AUTHORIZATION
The undersigned representative for each party certifies that he
or she is fully authorized by the party whom he or she represents
to
enter into the terms of this Settlement and to legally bind them to
it.
III.
APPLICABILITY
This Settlement
shall apply to and be binding upon the
Complainant and Respondent, and any officer, director,
agent and
employee or servant of Respondent,
as well as Respondent’s
2
predecessors,
affiliated
companies,
successors and assigns. Respondent
shall not raise as
a defense to any enforcement action taken pursuant
to this Settlement the failure of their officers,
directors,
agents,
employees or servants to take such action as shall be required to
comply with the provisions of this Settlement.
IV.
STATEMENT OF FACTS
A.
PARTIES
1.
The Attorney General of the State of Illinois and the
State’s Attorney of Will County brought this action on their own
motion and at the request of the Illinois Environmental Protection
Agency (“Illinois EPA”), pursuant to the statutory authority vested in
them under Section 31 of the Act,
415
ILCS 5/31(2002)
2.
The Illinois EPA is an agency of the State of Illinois,
created pursuant to Section 4 of the Act,
415 ILCS 5/4
(2002), and is
charged,
inter
alia,
with the duty of enforcing the Act.
3.
At all times relevant to the Complaint,
Respondent or its
predecessor was a Delaware corporation.
4.
From 1910 to 1981,
Respondent or its predecessors operated
an oil refinery at the site located at 301 West
2md
Street,
Lockport,
Will County,
Illinois.
5.
On September 28,
2001,
Illinois EPA issued Texaco Refining &
Marketing a RCRA Part B Post Closure Care Permit
(“RCRA Permit”)
for
maintenance of a closed hazardous waste landfill and four closed
hazardous waste management units at the Lockport site.
This permit
3
also
requires
Respondent
to
investigate
and,
as
necessary,
remediate
all environmental conditions
at the Lockport site.
6.
On October
9,
2001,
Texaco Inc.,
the parent of
TRMI,
became
ChevronTexaco Corporation (“ChevronTexaco”)
.
Upon an internal
reorganization following the merger,
Chevron Environmental Services
Company assumed ownership and operational control of the former Texaco
Lockport Refinery.
The Illinois EPA approved a modification request
on May 15,
2002 to transfer owner and operator status under the RCRA
Permit to Chevron Environmental Services Company.
This case was
originally brought against TRMI,
a motion to amend the complaint to
change the Respondent’s name to Chevron Environmental Services
Company,
as successor to Texaco Refining & Marketing has been filed
concurrently with this Stipulation and Proposal for Settlement.
B.
ALLEGED VIOLATIONS
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 allegations of violation within the
Complaint, and this Stipulation and Proposal for Settlement
shall not
be interpreted as including such admission.
Nothing herein shall
constitute, nor shall it be construed to constitute,
an admission of
violation on the part of Respondent.
V.
IMPACT ON THE PUBLIC FROM NONCOMPLIANCE
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:
1.
the character and degree of injury to,
or interference
with the protection of the health, general welfare and
physical property of the people;
2.
The social and economic value of the pollution source;
3.
the suitability or unsuitability of the pollution source
to
the
area
in
which
it
is
located,
including
the
question of priority of location in the area involved;
4.
the technical practicability and economic reasonableness
of reducing or eliminating the emissions,
discharges or
deposits resulting from such pollution source;
and
5.
any subsequent compliance.
In response to these factors, the parties state as
follows:
1.
The impact to the public regarding Respondent’s alleged
S
noncompliance
was
that
past waste
management
methods
at Respondent’s
facility contaminated groundwater beneath the facility.
2.
Respondent’s facility is no longer in operation.
The past oil
refining operation
at
Respondent’s
facility had social
and economic
value.
3.
The
parties
agree
that
whether
Respondent’s
facility
is
suitable to the area in which
it is located is no longer relevant since
the facility is no longer in operation.
4.
Complainant
contends
that
reducing
or
eliminating
the
groundwater contamination at or from Respondent’s facility is and was
both technically practicable and economically
reasonable.
The Parties
agree
that
groundwater investigation
and/or
remediation
is
and will
continue to be a multi-year process.
The parties further agree that with
the
creation
of
the
facility-wide
Groundwater
Management
Zone,
the
facility is in compliance with applicable groundwater regulations.
5.
Pursuant to this Settlement, Respondent shall comply with the
applicable
requirements
of
the
Act
and
the
Regulations
promulgated
thereunder and its RCRA permit for the facility as
it may be modified
from time to time.
VI.
CONSIDERATION OF 42(h)
FACTORS
Section 42(h)
of the Act provides as follows:
In determining the appropriate civil penalty to be imposed
under subdivisions
(a)
,
(b) (1)
,
(b) (3)
or
(b) (5)
of this
Section
42
(h)
of the Act,
the Board is authorized to
consider any matters of record in mitigation or aggravation
of penalty,
including but not limited to the following
factors:
6
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 the
requirements of this Act and regulations thereunder
or
to secure relief therefore 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 for this Act by the
violator.
In response to these factors, the parties state as follows:
1.
Complainant states that the alleged violations,
as set forth
in Section IV.B herein, occurred from at least September 1993 to the
present.
Respondent states that the conditions at the facility were
due to certain past refinery operations, not current operations.
2.
The parties agree that Respondent has initiated and is
continuing to take steps to correct the alleged violations prior to
the filing of the Complaint and the effective date of this Stipulation
and Proposal for Settlement and that Respondent has continued to take
actions in accordance with the Illinois EPA approved Work Plans and
the RCRA permit during the pendency of this action.
3.
Complainant states that a portion of the economic benefit
accrued by Respondent from delay in compliance with the Act and the
Board Groundwater Quality Standards and Waste Disposal regulations is
included as part of the penalty amount set forth herein.
Respondent
states that it did not accrue any economic benefit as a result of any
7
alleged
noncompliance
with
the
Act
and
Board
regulations.
4.
Complainant states that a civil penalty of $50,000.00 will
serve to deter any future violations of the Act and the
Board
Groundwater Quality Standards and Waste Disposal regulations,
and will
enhance Respondent’s compliance with the Act.
Respondent states that
it initiated steps to correct the alleged violations prior to the
filing of the Complaint and the effective date of this Stipulation and
Proposal for Settlement.
5.
Complainant’s records do not reflect previously adjudicated
violations of the Act or the Board Groundwater Quality Standards and
Waste Disposal regulations by Respondent.
VII.
TERMS OF SETTLEMENT
A.
TECHNICAL REMEDY
1.
This technical remedy is entered into in order to ensure
technical resolution of the violations alleged in the Complaint.
This
remedy will be governed by the terms of the RCRA Permit, which is
attached to and incorporated into this Stipulation and Proposal for
Settlement. See Attachment A.
Any
and all subsequent revisions,
modifications,
reissuances or other changes to the RCRA Permit are
also incorporated into this Stipulation and Proposal for Settlement.
The RCRA Permit generally addresses the violations alleged in the
Complaint through:
a.
addressing sources and potential sources of
groundwater contamination through ensuring post-closure care of closed
8
units
(RCRA
Permit Section
I) and proper closure and corrective action
for all Investigation Areas, solid waste management units and
recognized environmental conditions,
(RCRA Permit Section IV); and
b.
addressing the groundwater through the Groundwater
Detection Monitoring Program
(RCRA Permit Section II) and the
Groundwater Corrective Action Program, including the establishment of
a facility-wide groundwater management zone,
(RCRA Permit Section II-
A)
and portions of corrective action
(RCRA Permit Section IV)
2.
Respondent shall at all times comply with all terms and
conditions of the RCRA Permit for the site issued September 28,
2001,
as modified on February 26,
2002, May 15,
2002, May 31,
2002,
February
14,
2003, April
15,
2003,
June
24,
2003 and any and all subsequent
amendments
or modifications.
Respondent shall at all times comply
with the terms and conditions
of any Illinois EPA approvals of
workplans or other deliverables submitted by the Respondent under the
RCRA Part B post-closure permit, including but not limited to, the
workplan approval letters attached as Attachments B
(addressing Land
Use Area 8B
(Former Coke Handling Area)) and C (addressing Land Use
Areas 4C and 7B(Southwest Corner))
and hereby incorporated into this
Stipulation and Proposal for Settlement.
3.
Respondent shall at all times comply with the provisions of
the Act, and the Board Groundwater Quality Standards and Waste
Disposal regulations.
Nothing in this Stipulation and Proposal for
Settlement shall be deemed to expand or supersede the requirements of
the
RCRA
Permit,
Board Groundwater Quality Standards or waste.
management regulations.
9
4.
Respondent
shall provide copies of quarterly and semiannual
compliance
reports
submitted
to
Illinois
EPA
under
the
RCRA
Permit
to
the Attorney General’s Office while this Settlement remains in effect.
Copies of these reports shall be sent to:
Christopher P. Perzan
(or subsequent designee)
Assistant Attorney General
Environmental Bureau North
188 W. Randolph Street,
Suite 2001
Chicago, Illinois 60601
B.
OVERSIGHT COST FUNDING
1.
Respondent
shall fund the costs of an Illinois EPA inspector
up to a maximum total of $350,000.00 at an annual rate of $70,000.00
over a five year period. Such costs include, but are not limited to,
the following:
direct costs such as employee salaries, employee
travel,
site-specific contractors,
and laboratory analysis; indirect
costs
(related to the direct costs) incurred by the Illinois EPA in
the day-to-day operations and maintenance of buildings,
utilities,
administrative costs and any associated program costs.
It is the goal
of the parties that the
inspector will have primary responsibility to
oversee the implementation of Respondent’s RCRA Permit and compliance
activities.
2.
The first year payment of $70,000.00 shall be made within 30
days of the Board’s acceptance of the Stipulation and Proposal for
Settlement.
3.
Four subsequent payments of $70,000.00 per year shall be
made on or by the anniversary date of the first year payment.
4.
All payments made under this section shall be made by
certified check or money order, payable to the Illinois Environmental
10
Protection Agency, designated for deposit in the Illinois Hazardous
Waste
Fund,
and shall be sent by first class mail to:
Illinois
Environmental
Protection
Agency
Fiscal Services Section
1021 North Grand Avenue
P.O. Box 19276
Springfield,
Illinois 62794-9276
A copy of the check shall be sent to:
Christopher P. Perzan
Assistant Attorney General
Environmental Bureau North
188 West Randolph Street,
Suite 2001
Chicago, Illinois 60601
C.
CIVIL PENALTY
1.
Within 30 days from the date on which the Board adopts
a final order approving this Settlement, Respondents shall pay a civil
penalty of $50,000.00 into the Illinois Environmental Protection Trust
Fund.
2.
Payment shall be made by certified check or money order,
payable to the Illinois Environmental Protection Agency, designated
for deposit in the Illinois Environmental Protection Trust Fund, and
shall be sent by first class mail
to:
Illinois Environmental Protection Agency
Fiscal Services Section
1021 North Grand Avenue
P.O. Box 19276
Springfield,
Illinois 62794-9276
A copy of the check shall be sent to:
Christopher
P. Perzan
Assistant Attorney General
Environmental
Bureau
North
188 West Randolph Street,
Suite 2001
Chicago,
Illinois
60601
3.
Respondent’s Federal Employer Identification Number
11
(“FEIN”),
94-3410367,
shall
appear
on
the
face
of
the
certified
check
or
money
order.
For purposes of payment collection and compliance
issues,
Respondent may be reached at the following address:
Chevron Environmental Services Company
Attn: Owen Ranta
301 West 2’~Street
Lockport,
Illinois 60441
Mark Hausman
Law Department
ChevronTexaco
2300 Windy Ridge Park
Atlanta, Georgia 30339
D.
STIPULATED PENALTIES
1.
If the Respondent fails to perform to completion any
activity or meet any deadline required after the effective date of
this Stipulation and Proposal for Settlement as set out in Attachmánt
D to this Stipulation and Proposal for Settlement, including all
schedule changes, modifications, amendments or approvals issued by the
Illinois EPA,
the Respondent
shall have five
(5)
calendar days to
correct the violation without penalty.
If the violation continues for
more than five
(5) calendar days,
the Respondent shall pay to the
Complainant,
for payment into the Illinois Environmental Protection
Trust Fund,
stipulated penalties in the following amounts:
Day 6
-
20
$250.00 per day
Day 21
-
30
$500.00 per day
Day 30 on
$1,000.00 per day
2.
All stipulated penalties owed to the Complainant shall be
due within thirty
(30)
days of the date the Respondent receives a
notice from the Complainant for the amount of stipulated penalties
due.
The Complainant may notify the Respondent of the amount of
12
stipulated penalties due, but a lack of any such notification shall
not
constitute
a
defense
to
imposition
of
stipulated
penalties.
3.
All
stipulated
penalties
shall
be
paid
in
the
same
manner
as
the
civil
penalty
as
set
forth
in
this
Section
VII.C.
4.
The
stipulated
penalties
shall
be
enforceable
by
the
Complainant
and
shall
be
in
addition
to,
and
shall
not
preclude
the
use of, any other remedies or sanctions arising from the failure to
comply with Section VII.A., B.,
C. and D.l.
of this Settlement
Agreement. Notwithstanding anything herein to the contrary,
if
Complainant obtains stipulated penalties hereunder,
with respect
to
any alleged violation, no additional penalties. including statutory
penalties may be sought by Complainant for that alleged violation.
5.
The dates in Attachment D are subject to change by
subsequent RCRA permit modifications or workplan approvals
by
Illinois
EPA and any such changes shall be effective upon such change as if set
out fully herein.
E.
INTEREST ON PAYMENTS
1.
Pursuant to Section 42(g)
of the Act,
415 ILCS 5/42(g)
(2002), interest shall accrue on any amount not paid within the time
prescribed herein,
at the maximum rate allowable under Section 1003 (a)
of the Illinois Income Tax Act,
35 ILCS 5/1003 (a)
(2002)
.
2.
Interest on unpaid amounts shall begin to accrue from the
date the penalty payment is due and continue to accrue to the date
payment is received.
.
3.
Where partial payment is made on any payment amount that is
due, such partial payment shall be first applied to any interest on
13
uppaid
amounts
then
owing.
4.
All interest on amounts owed the Complainant,
shall be paid
and delivered in the same manner as described herein in Section VII.C.
VIII.
COMPLIANCE WITH OTHER LAWS AND REGULATIONS
This
Stipulation
and
Proposal
for
Settlement
in
no
way
affect
Respondent’s responsibility to comply with any applicable federal,
state or local laws and regulations,
including but not limited to the
Act, 415 ILCS 5/1 et
seq.
(2002), and the Board Groundwater Quality
Standards and Waste Disposal regulations,
or Respondent’s RCRA Permit
issued on September 28,
2001 and all subsequent modifications.
Notwithstanding any other provision in this Stipulation and Proposal
for Settlement,
the requirements of this Stipulation and Proposal for
Settlement do not supplant or supercede the requirement that
Respondent comply with the applicable provisions
of 35
Ill. Adm.
Code
Parts 724 and 725 and all terms and conditions of the RCRA Permit for
the site.
Ix.
FORCE MAJEURE
1.
For the purposes of this Settlement,
force majeure
is an
event arising solely beyond the control
of the Respondent which
prevents the timely performance of any of the requirements of this
Settlement.
For purposes of this Settlement
force majeure
shall
include, but is not limited to, events such as floods,
fires,
14
tornadoes,
other natural disasters,
and labor. disputes beyond the
reasonable control of the Respondent.
2.
When an event occurs which will delay the timely completion
of any obligation under this Settlement, Respondent
shall promptly
notify the Attorney General and the Illinois EPA in writing within two
(2) business days of the occurrenc,e of the event.
Within ten
(10)
business days of the occurrence
of the event which Respondent alleges
will be responsible for a delay, Respondent shall also provide to the
Attorney General and the Illinois EPA in writing, the reason(s)
for
and anticipated duration of such delay, the measures taken and to be
taken by Respondent to prevent or minimize the delay,
and the
timetable for implementation of such measures.
Failure to provide the
two
(2) business day notice and/or provide the ten
(10) business day
follow-up written explanation to the Attorney General and the Illinois
EPA in a timely manner,
shall constitute
a waiver of any force majeure
claim.
3.
If within twenty-one
(21)
days of the date of Respondent’s
two
(2) business day initial notification, the Complainant agrees that
a delay is or will be attributable to an event described as
force
rnajeure,
the parties shall modify the relevant schedules to provide
such additional time as may be necessary to allow the completion of
the specific obligation.
If such a modification requires a
modification to the RCRA permit,
all applicable statutory and
regulatory provisions governing the modification of RCRA permits shall
apply.
4.
If the Complainant and Respondent cannot agree on the cause
15
for
the delay or. whether the duration of the delay is or will be
warranted under the circumstances, Respondent may invoke the Dispute
Resolution provisions of Section X of this Settlement.
However,
Respondent’s invocation of the Dispute Resolution provisions
of
Section X herein,
is not in and of itself an occurrence described in
Section X.
Respondent has the burden of proving a
force majeure
or
other event by a preponderance of the evidence as a defense to
compliance with this Settlement.
x.
DISPUTE RESOLUTION
The
parties
shall
make
their
best
efforts
to
resolve
all
disputes
arising under this Settlement informally and in good faith.
If,
however, disputes arise concerning this Settlement which the parties
are unable to resolve informally,
any party may, by written motion,
request the Board for an evidentiary hearing to resolve the dispute.
In any such Board hearing regarding issues between the Complainant and
Respondent, the Respondent shall have the burden of proving by a
preponderance of the evidence that the position taken by the
Complainant is not required under the terms of this Settlement,
is
unreasonable or is not in furtherance of the objectives of this
Settlement.
This provision shall not restrict in any way the right of
the Complainant to seek enforcement of this Settlement or a Board
order accepting and implementing this Settlement in Circuit Court at
any time.
16
XI.
RIGHT OF ENTRY
In
addition
to
any
authority
at
law,
the
Illinois
EPA,
its
employees and representative, the Illinois Attorney General, his
agents
and representatives and the State’s Attorney of Will County,
his agents and representatives shall have the right of entry to
Respondent’s site at all reasonable
times, for the purposes of
conducting inspections of Respondent’s operations.
The Illinois EPA,
its employees and representatives, the Illinois Attorney General, his
agents and representatives and the State’s Attorney of Will County,
his agents and representatives may request and obtain copies of
business records to take any photographs or samples reasonably
necessary in order to conduct their inspection.
XII.
CEASE AND DESIST
Respondent shall cease and desist from violations
of the Act and
Board regulations,
including those sections of the Act and Board
regulations that were the subject matter of the Complaint as outlined
in Section IV.B of this Settlement. Nothing herein constitutes,
nor
shall
it
be
construed
as
an
admission
of
any
violation
or
liability
on
the part of Respondent.
XI”.
RELEASE FROM LIABILITY
In consideration of Respondent’s payment of a $50,000.00 penalty
17
and oversight costs as set out herein,
and upon the completion of all
activities required hereunder,
and subject to the exceptions set forth
below,
the Complainant releases, waives and discharges the Respondent
and any officer, director,
agent and employee or servant of
Respondent,
as well as Respondent’s predecessors, affiliated
companies,
successors and assigns,
from any further liability or
penalties for alleged violations of the Act and/or Board Regulations
that were the subject matter of Complainant’s Complaint filed on July
12,
2001,
and for any alleged violation of the Act and/or Board
regulations based on the presence of groundwater impacts of any kind
at or from the facility from 1981 to the effective date of this
Stipulation and Proposal for Settlement. This release becomes
effective upon the Board’s order accepting the Stipulation and
Proposal for Settlement and shall remain in full force and effect
provided the payments under Section VII,
Paragraphs
B and C hereof are
completed.
The Complainant reserves, and this Settlement is without
prejudice
to, all rights of the State of Illinois against 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 damages including
groundwater arising out of the alleged violations; and
d.
liability or claims based on the Respondent’s failure to
satisfy the requirements of this Stipulation and Proposal for
18
Settlement.
Nothing in this Stipulation and Proposal for Settlement
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 law or in equity,
which the State of
Illinois
or
the
Illinois
EPA
may
have
against
any
person,
as
defined
by Section 3.315
of the Act,
415
ILCS
5/3.315(2002),
or
entity
other
than the Respondent,
and any officer, director, agent, employee or
servant of Respondent,
as well as Respondent’s predecessors,
affiliated companies,
successors and assigns.
XIV.
EFFECTIVE DATE AND TERMINATION
1.
This Stipulation and Proposal for Settlement becomes
effective upon the issuance of the Board’s final order accepting the
Stipulation and Proposal for Settlement.
The Respondent may petition
the Board for termination of the Stipulation and Proposal for
Settlement, except for the future use provision of the preamble and
Sections
VIII,
XII
and
XIII
of
this
Stipulation
and
Proposal
for
Settlement, provided all of the following have occurred:
a.
Respondent
is in compliance with the terms and,
conditions of this Stipulation and Proposal for Settlement
at the time of the certification pursuant to subsection d.,
below;
b.
Respondent has received No Further Action letters for
the
soils
in
each
of
the
thirteen
investigation areas which
19
comprise the entire facility lettered as
(a)
thru
Cm)
in
Section
IV.C.2 of the facility’s RCRA permit.
Notwithstanding, No Further Action letters will not be
required for the purposes
of
this
Section
for
the
following
portions of the facility:
(1)
the area leased to Shell which
will continue to be used for petroleum distribution
operations in Area
6
(currently operated by Shell Pipeline,
LLC);
(2)
the two existing North Stormwater Ponds in Area 6;
(3) the two existing South Stormwater Ponds and the existing
Equalization Pond (which is used for stormwater management)
located in Areas 4C and 7B;
(4) the portion of Area 4A where
the existing Wastewater Treatment Unit No.
1 is located;
(5)
the portion of Area 7A where Wastewater Treatment Unit No.
2
is located; and
(6)
the following units covered by the RCRA
permit:
LF-l,
LF-2,
LLF,
LAA,
CT,
the
CAMU,
and the staging
pile;
c.
The Respondent has paid all monetary amounts due under
this Settlement and no civil penalties,
interest,
or costs
are
outstanding
or
owed
the
Complainant;
d.
Thirty
(30)
days
prior
to
Respondent
seeking
termination,
Respondent certifies that
it
is in compliance
with b., and c.
above;
e.
The
Complainant
within
45
days
after
receiving
the
certification has not contested that certification.
If the
Complainant disputes Respondent’s certification,
the
Stipulation and Proposal for Settlement
shall remain in
20
effect pending resolution of the dispute by the parties or
the Board in accordance with the Dispute Resolution
provision of Section X.
The
remainder of this page intentionally left blank.
21
WHEREFORE,
Complainant and Respondent requests that the Board
adopt and accept the foregoing Stipulation and Proposal for Settlement
as written:
AGREED:
FOR THE COMPLAINANT:
PEOPLE OF THE STATE OF ILLINOIS,
by LISA MADIGAN, Attorney General
of the State of Illinois,
MATTHEW
J. DUNN,
Chief,
Environmental Enforcement
/
Asbestos Litigation Division
BY.
Enviro~im
al ~Ixr-~au
Assistant Attorney Gei~
DATE:
3l~?k4
FOR THE RESPONDENT:
CHEVRON ENVIRONMENTAL SERVICES
COMPANY
BY:
TITLE:
(J
~
DATE:
by JEFF TOMCZAK,
State’s Attorney
of Will County,
Illinois
BY:
DATE:
ILLINOIS ENVIRONMENTAL
BY:
JOSEL~
Gener~/Counse1
Division of Legal Counsel
DATE:
~/i
~
C:\DocuxnentS and settings\localuser\Local
Settings\Teiup\Texstipll.wpd
22
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
PCB No.
02-3
v.
)
(RCRA
-
Enforcement)
CHEVRON
ENVIRONMENTAL
SERVICES
COMPANY,
a
Delaware
Corporation,
Respondent.
ATTACHMENTS
TO STIPULATION AND PROPOSAL
FOR SETTLEMENT
A
RCRA POST CLOSURE PERMIT
-
JANUARY
30,
2004
B
APPROVAL LETTER FOR LAND USE AREA 8B, LOG B-38-CA-l3,
FEBRUARY
7,
2003
C
APPROVAL LETTER FOR
LAND
USE AREAS 4C AND 7B, LOG B-38-CA-12
FEBRUARY
7,
2003
D
STIPULATED PENALTY ACTIVITY CHART
RECE~VED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL
BOARD
MAY
05
2004
PEOPLE OF THE STATE OF ILLINOIS,
)
STATE
OF
ILLIND~S
Pollution Control
Board
Complainant,
PCB No.
02-3
v.
)
(RCR~
-
Enforcement)
CHEVRON
ENVIRONI~ENTAL SERVICES
COMPANY,
a
Delaware
Corporation,
Respondent.
MOTION TO REQUEST 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 requests
relief from the hearing requirement in the above-captioned matter.
In
support
thereof,
the
Complainant
states
as
follows:
1.
On
June
11,
2003,
a
Complaint
was
filed
with
the
Pollution
Control Board
(“Board”)
in this matter. Simultaneously with this
Motion,
the parties are filing a Stipulation and Proposal for
Settlement with the Board.
2.
Section 31(c) (2)
of the Illinois Environmental Protection
Act
(“Act”),
415 ILCS 5/31(c) (2), (2002) allows the parties in certain
enforcement
cases
to
request
relief
from
the
mandatory
hearing
requirement
where
the
parties
have
submitted
to
the
Board
a
stipulation and proposal for settlement.
Section 31(c) (2) provides:
Notwithstanding the provisions of subdivision
(1)
of
this
subsection
(c),
whenever
a
complaint
has
been
filed
on
behalf
of
the
Agency
or
by
the
People
of
the
State
of
Illinois,
the
parties
may file
with
the
Board
a
stipulation
and proposal
for
settlement
accompanied by a request for relief from the
requirement
of
a
hearing
pursuant
to
subdivision
(1)
.
Unless the Board,
in its
discretion,
concludes that a hearing will be
held,
the
Board
shall
cause
notice
of
the
stipulation, proposal and request for relief
to
be
published
and
sent
in
the
same
manner
as
is
required
for
hearing
pursuant
to
subdivision
(1)
of
this
subsection.
The
notice
shall
include
a
statement
that
any
person
may
file
a written demand for hearing
within
21
days
after
receiving
the
notice.
If
any
person
files
a
timely written demand
for hearing, the Board shall deny the request
for
relief
from
a hearing and shall hold a
hearing in accordance with the provisions of
subdivision
(1)
3.
No hearing is currently scheduled in the instant case.
4.
The Complainant requests the relief conferred by Section
31(c) (2)
of the Act.
WHEREFORE,
the Complainant,
PEOPLE OF THE STATE OF ILLINOIS, by
LISA
MADIGAN,
Attorney
General
of
the
State
of
Illinois,
requests
relief
from
the
requirement
of
a hearing pursuant to 415
ILCS
5/31
(c)
(2)
(2002)
Respectfully
submitted,
PEOPLE OF THE STATE OF ILLINOIS,
LISA
MADIGAN,
Attorney General of the
State
oi
By
Office
of
the
Attorney
General
Environmental
Bureau
188
West
Randolph
Street,
2O~Fl.
Chicago,
IL 60601
312/814-3532
-a1
CERTIFICATE OF SERVICE
I,
the undersigned, on oath
or
affirmation
state that
I
have
served
on the date of
________,
the attached MOTION TO
CHANGE
CAPTION, MOTION
FOR LIMITED REL~E~FROM 35 ILL.ADM.
CODE 101.302 (h), STIPULATION
AND
PROPOSAL FOR SETTLEMENT and MOTION FOR RELIEF FROM HEARING
REQUIREMENT, by hand delivery or U.S. Mail upon the persons
on the
attached
Service
List.
Dated:
May
____,
2004
