RECEIVED

‘-‘LERK’S OFFICE

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD-’

!\UG~7

2002

PEOPLE OF THE STATE OF ILLINOIS,

JAMES

E. RYAN, Attorney General

)

STATEOF1WNUIS

of the State of Illinois,

)

pollution

Control

Board

Complainant,

vs.

)

PCB No.

97-113

(Enforcement

-

Land)

HOMIN LEE d/b/a MEISEL PLATING,

Respondent.

NOTICE OF FILING

TO:

Joseph

A.

Strubbe

Vedder,

Price, Kaufman & Kammholz

222 North LaSalle Street

Chicago, Illinois 60601

PLEASE TAKE NOTICE that

I have today filed with the Office

of the Clerk of the Illinois Pollution Control Board an original

and nine copies of the Stipulation and Proposal for Settlement,

an Agreed Notion for Relief from the Hearing Requirement,

a

Not.ice of Filing and a Certificate of Service,

a copy of which is

attached herewith and served upon you.

Respectfully submitted,

PEOPLE OF THE STATE OF ILLINOIS

JAMES E. RYAN

Attorney General

State of Illinois

BY:

ZEMEHERET BEREKET-AB

Assistant Attorney General

Environmental Bureau

188 W. Randolph Street,

20th Flr.

Chicago,

IL 60601

312/814-3816

Date:

AUGUST

7,

2002

THIS FILING IS SUBMITTED ON RECYCLED PAPER

H:\coxmnon\Environxuental\Carmel\HOMIN LEE NOTICE.wpd

---

CERTIFICATE OF SERVICE

I,

ZEMEHERET BEREKET-AB,

an Assistant Attorney General,

do

certify that

I caused to be served on this 7th day of August

2002, the foregoing Notice of Filing,

a Stipulation and Proposal

for Settlement, and an Agreed Motion for Relief from the Hearing

Requirement, upon the person listed on said Notice by placing

same in an envelope bearing sufficient postage with the United

States Postal Service located at 100 West Randolph Street,

Chicago,

Illinois.

ZEMEHERET BEREKET-AB

---

RECEIVED

CLERK’S

OFFICE

BEFORE

THE

ILLINOIS

POLLUTION

CONTROL

BOARD

AUG

-

7

2002

STATE

OF ILLINOIS

PEOPLE

OF

THE

STATE

OF

ILLINOIS,

)

PollutIon Control Board

JAMES

E.

RYAN,

Attorney

General

of

the

State

of

Illinois,

Complainant,

vs.

)

PCB No. 97-113

(Enforcement

-Land)

HOMIN LEE d/b/a MEISEL PLATING,

Respondent.

AGREED

MOTION

TO

REQUEST

RELIEF

FROM

THE

HEARING

REQUIREMENT

In

support

of

this

Motion,

the

parties

state

as

follows:

1.

Today,

the

People

of

the

State

of

Illinois,

simultaneously filed a Stipulation and Proposal for Settlement,

with the Illinois Pollution Control Board.

2.

Section 31(c) (2)

of the Illinois Environmental

Protection Act

(“Act”), 415 ILCS 5/31(c) (2) (2002)

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)

-

.

.

3.

Complainant and Respondent agree that a formal hearing

is not necessary to conclude this matter and wish to avail

themselves of Section 31(c) (2)

of the Act,

415 ILCS

5/31(c) (2) (2002)

—1—

---

WHEREFORE,

Complainant

and

Respondent

request

relief

from

the

hearing

requirement

pursuant

to

Section

31(c)

(2)

of

the

Act.

Respectfully

submitted,

PEOPLE

OF

THE

STATE

OF

ILLINOIS

JAMES

E.

RYAN

Attorney

General

State

of

Illinois

MATTHEW

J.

DUNN,

Chief

Environmental

Enforcement/

Asbestos

Litigation

Division

ROSEMARIE

CAZEAU,

Chief

Environmental

Bureau

BY:

________________

ZEMEHERET

BEREKET-AB

Assistant

Attorney

General

Environmental

Bureau

188

W.

Randolph

St.,

~

Flr.

Chicago,

IL

60601

312/814-3816

DATE: AUGUST

7,

2002

H

\cornmon\Environmental\Carmel\HominLeeAgreedMotion.wpd

-2-

---

RECEIVED

CLERK’S OFFICE

BEFORE

THE

ILLINOIS

POLLUTION

CONTROL

BOARD

AUG

-

7 2002

PEOPLE

OF

THE

STATE

OF

ILLINOIS,

)

Si~iEOFIwNoJs

Pollution

ControlBoard

Complainant,

PCB

97-113

(Enforcement)

HOMIN LEE d/b/a MEISEL PLATING,

Respondent.

STIPULATION AND PROPOSAL FOR SETTLEMENT

Complainant,

PEOPLE OF THE STATE OF ILLINOIS, by JAMES E.

RYAN,

Attorney General of the State of Illinois, on his own

motion,

and at the request of the Illinois Environmental

Protection

Agency

(“Illinois

EPA”)

and

Respondent,

HOMIN

LEE

d/b/a MEISEL PLATING

(“Homin Lee”), by its attorneys Vedder,

Price, Kaufman & Kammholz do hereby submit this Stipulation and

Proposal for Settlement

(“Stipulation”)

.

The parties agree that

the statement of facts contained herein is agreed to only for

purposes of settlement.

The parties further state that neither

the fact that a party has entered into this Stipulation, nor any

of the facts stipulated herein,

shall be admi~ssibleinto

evidence, or used for any purpose in this,

or any other

proceeding,

except to enforce the terms hereof,

by the parties

to

this

agreement.

Notwithstanding

the

previous

sentence,

this

Stipulation

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 violation of the

1

---

Illinois Environmental Protection Act

(“Act”),

for purposes of

Section 39(1)

and 42(h)

of the Act, 415 ILCS 5/39(i)

and

5/42 (h) (2000)

-

I.

JURISDICTION

The Board has jurisdiction of the subject matter herein and

of the parties consenting hereto pursuant to the Act,

415 ILCS

5/i et seq.

(2000)

AUTHORIZATION

The undersigned representative for each party certifies that

he/she

is

fully

authorized

by

the

party

whom

he/she

represents

to

enter

into

the

terms

and

conditions

of

this

Stipulation

and

to

legally

bind

the

party

he/she

represents

to

this

Stipulation.

APPLICABILITY

This

Stipulation

shall

apply

to,

and

be

binding

upon

the

Complainant

and

Respondent,

and

any

agent,

employee

or

servant

of

Respondent,

as

well

as

the

Respondent’s

successors

and

assigns.

The

Respondent

shall

not

raise

as

a

defense

to

any

enforcement

action

taken

pursuant

to

this

Stipulation

the

failure

of

its

agents,

servants

or

employees

to

take

such

action

as

shall

be

required

to

comply

with

the

provisions

of

this

Stipulation.

2

---

A.

Parties

1.

The

Attorney

General

of

the

State

of

Illinois.,

JAMES

E.

RYAN,

on

his

own. motion

and

at

the

request

of

the

Illinois

EPA,

filed

a

Complaint

in

this

matter

pursuant

to

the

terms

and

provisions

of

Section

31

of

the

Act,

415

ILCS

5/31(2000).

2.

The Illinois EPA is an administrative agency

established

in

the

executive

branch

of

the

State

government

by

Section

4

of

the

Act,

415

ILCS

5/4(2000),

and

charged,

inl.er

alia,

with

the

duty

of

enforcing

the

Act.

3.

At all times relevant

to the Complaint,

Respondent,

HOMINiLEE d/b/a MEISEL PLATING

(“Homin Lee”)

is the sole

proprietor

and

owner

of

Meisel

Plating.

The

business

is

not

a

corporation

and

is

not

registered

under

an

assumed

name

with

the

Cook

County

Clerk

nor

is

it

registered

with

the

Illinois

Secretary

of

State.

B.

Site Description

1.

At

all

times

relevant

to

the

Complaint,

Homin

Lee

operated Meisel Plating,

a small metal plating business located

at 2037 West Division Street,

Chicago, Cook County,

Illinois

(“Facility”)

2.

On February 17,

1999, the Facility was shut down

pursuant

to

a

Court

order

in

99

CH

2414

for

discharging

process

3

---

waste into the Greater Chicago Metropolitan Water Reclamation

District’s sanitary sewer system.

C.

A1le~ations of Non-Compliance

1.

The

Complaint

filed

against

Homin

Lee

alleges

the

following

violations

of

the

Act,

415

ILCS

5/i

et.

seq.

(2000)

and

the

Board

Waste

Disposal

Regulations,

35

Ill.

Adm.

Code,

Subtitle

G,

and

are

outlined

as

follows:

COUNT

I

FAILURE

TO

PERFORM

HAZARDOUS

WASTE

DETERMINATION:

Violation

of

Section

21(f)

(2)

of

the

Act,

415

ILCS

5/21(f)

(2)

(2000),

and

35

Ill.

Adm.

Code

Section

722.111;

COUNT

II

FAILURE

TO

OBTAIN

A

RCRA

PERMIT:

Violation

of

Section

21(f)

(1)

of

the

Act,

415

ILCS

5/21(f)

(1)

(2000)

and

35

Ill.

Adm.

Code

703.121(a)

(1);

COUNT

III

FAILURE

TO

KEEP

RECORDS:

Violation

of

Section

21(f)

(2)

of

the

Act,

415

ILCS

5/21(f)

(2)

(2000),

and

35

Ill.

Adm.

Code

722.140(a)

and

(c);

COUNT

IV

FAILURE

TO

RETAIN

ON-SITE

COPIES

OF

LAND

DISPOSAL

RESTRICTION

NOTICES:

Violation

of

Section

21(f)

(2)

of

the

Act,

415

ILCS

5/21(f)

(2)

(2000),

and

35

Ill.

Adm.

Code

728.107

(a)

(f)

4

---

D.

Admission of Violations

Homin

Lee

neither

admits

nor

denies

that

his

acts

and/or

omissions

constituted

violations

of

the

Act

as

alleged

~n

the

Complaint.

V.

NATURE OF RESPONDENT’S OPERATIONS

At

the

Facility,

Homin

Lee

conducted

a

metal

plating

operation.

VI.

EXPLANATION OF ALLEGED FAILURES TO COMPLY WITH THE ACT

Complainant

maintains

that

Homin

Lee’s

violations

were

due

to

Homin

Lee’s

failure

to

adhere

to

the

requirements

of

the

Act

and the Board Waste Disposal regulations.

VII.

FUTURE

PLANS

OF

COMPLIANCE

Homin

Lee

shall

comply

with

all

requirements

of

the

Act

and

the

Board

Regulations

regarding

the

management

and

disposal

of

special

and

hazardous

wastes.

IMPACT

ON

THE

PUBLIC

RESULTING

FROM

ALLEGED

NON-COMPLIANCE

Section

33(c)

of

the

Act,

415

ILCS

5/33(c)

(2000),

provides

as

follows:

c.

In

making

its

orders

and

determinations,

the

Board

shall

take

into

consideration

all

the

facts

and

circumstances bearing upon the reasonableness of the

5

---

emissions,

discharges,

or

deposits

involved

including,

but

not

limited

to:

i.

the

character

and

degree

of

injury

to,

or

interference with the protection of the health,

general welfare and physical property of the

people;

ii.

the social and economic value of the pollution

source;

iii.

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;

iv.

the

technical

practicability

and

economic

reaso~iableness

of

reducing

or

eliminating

the

emissions,

discharges

or

deposits

resulting

from

such

pollution

source;

and

v.

any

subsequent

compliance.

In

response

to

these

factors

the

parties

state

as

follows;

1.

Failure

to

comply

with

RCRA

regulations

increases

the

likelihood

that

hazardous

wastes

will

cause

air,

water

or

soil

contamination.

As

a

small

quantity

generator,

Mr.

Lee

had

failed

to

comply

with

the

RCRA

regulations

applicable

to

small

quantity

generators.

2.

The

facility

provided

service

to

its

customers

and

had

economic

value.

3.

There

is

no

study

made

to

indicate

the

suitability

or

unsuitability

of

Homin

Lee’s

metal

plating

activity

at

the

present

location.

4.

Complainant

believes

that

it

was

technically

practicable

and

economically

reasonable

for

Homin

Lee

to

make

a

6

---

waste

determination

of

the

wastes

and

to

properly

close,

label,

and

write

on

the

drums

the

accumulation

start

dates

of

the

wastes.

5.

Respondent

has

not

come

into

compliance.

On

February

17,

1999,

the

Meisel

Plating

operation

was

shut

down

pursuant

to

a

Court

order

in

99

CH

2414

for

discharging

plating

wastes

into

the

Water

Reclamation

District

of

Greater

Chicago’s

sanitary

sewage

system.

CONSIDERATION OF SECTION 42(h)

FACTORS

Section

42(h)

of

the

Act,

415

ILCS

5/42(h)

(2000)

,

provides

as

follows:

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

of

penalty,

including

but

not

limited

to

the

following

factors:

1.

the

duration

and

gravity

of

the

violation;

2.

the

presence

or

absence

of

due

diligence

on

the

part

of

the

violator

in

attempting

to

comply

with

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

by

the

Violator

and

other

persons

similarly

subject

to

the

Act;

and

7

---

5.

the

number,

proximity

in

time,

and

gravity

of

previously

adjudicated

violations

of

this

Act

by

the

violator.

In

response

to

these

factors

the

parties

state

as

follows:

1.

From

1994

until

February

1999

when

the

facility

was

closed

down,

Homin

Lee

did

not

comply

with

the

applicable

RCRA

regulations

for

small

quantity

generators.

2.

Homin

Lee

did

not

show

any

due

diligence

in

complying

with

the

applicable

requirements

of

the

Act

and

the

Board

RCRA

regulations.

In

1993,

during

a

pre-enforcement

conference

with

the

Illinois

EPA,

Mr.

Lee

committed

to

compliance

but

never

implemented

his

commitment.

3.

Homin

Lee

has

realized

an

economic

benefit

from

non-

compliance with the applicable RCRA regulations by not shipping

the

wastes

off-site

within

180

days

of

generation

and

by

not

making

a

hazardous

waste

determination

of

the

waste.

However,

Homin

Lee

will

disgorge

any

such

economic

benefit

by

the

proper

disposal

of

the

waste

and

the

site

remediation

required

under

this

Stipulation.

4.

A

payment

of

Five

Thousand

Five

Hundred

Dollars

($5,500.00)

will

serve

to

deter

any

violations

of

the

Act

and

Board

regulations

adopted

thereunder,

and

will

enhance

voluntary

compliance

with

the

law.

5.

Complainant’s

records

do

not

reflect

the

existence

of

previously

adjudicated

violations

of

the

Act

by

Homin

Lee

or

Meisel

Plating.

8

---

A.

CIVIL PENALTY

1.

Homin

Lee

d/b/a

Meisel

Plating

shall

pay

a

civil

penalty

of

Five

Thousand

Five

Hundred

Dollars

($5,500.00).

This

penalty

amount

shall

be

paid

wi~thin thirty

(30)

days

from

the

date

the

Board

adopts

a

final

opinion

and

order

approving

this

Stipulation.

Payment

shall

be

made

by

certified

check

or

money

order,

payable

to

the

Illinois

Environmental

Protection

Agency

designating

it

for

deposit

into

the

Illinois

Environmental

Protection

Trust

Fund,

and

sent

by

first

class

mail

to:

Illinois

Environmental

Protection

Agency

Fiscal

Services

Division

1021

North

Grand

Avenue

East

P.O.

Box

19276

Springfield,

IL

62794-9276

A

copy

of

the

check

shall

be

sent

to:

Zemeheret

Bereket

-Ab

Assistant

Attorney

General

Environmental

Bureau

188

W.

Randolph

St.,

20th

Fir.

Chicago,

IL

60601

The

name

and

number

of

the

case

and

Homin

Lee’s

social

security

number

379-62-3837

shall

appear

on

the

face

of

the

certified

check

or

money

order.

2.

For

purposes

of

payment

and

collection,

Homin

Lee

may

be

reached

at

the

following

address:

Homin

Lee

8140

North

Osceola

Niles,

IL

60714

9

---

3.

Pursuant

to

Section

42(g)

of

the

Act,

415

ILCS

5/42(g)

(2000),

interest

shall

accrue

on

any

penalty

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)

(2000)

.

a.

Interest

on

unpaid

penalties

shall

begin

to

accrue

from

the

date

the

penalty

payment

is

due

and

continue

to

accrue

to

the

date

payment

is

received.

b.

Where

partial

payment

is

made

on

any

payment

amount

that

is

due,

such

partial

payment

shall

be

first

applied

to

any

interest

on

unpaid

penalties

then

owing.

c.

All

interest

on

penalties

owed

the

Plaintiff,

shall

be

paid

in

the

same

manner

as

described

in

Section

X

herein.

B.

TECHNICAL

COMPLIANCE

1.

Within

60

days

of

the

date

of

entry

of

this

Stipulation,

Respondent

shall

remove

all

wastes

from

the

site

utilizing

permitted

waste

disposal

companies.

Respondent

shall

maintain

records

of

all

shipments

of

waste

as

required

by

the

Act,

415

ILCS

5/1

et

seq.

(2000)

,

and

Pollution

Control

Board

regulations.

Copies

of

all

receipts

and

manifests

or

the

shipments

shall

be

submitted

to

the

Illinois

EPA

within

90

days

of

the

date

of

entry

of

this

Stipulation.

2.

Within

30

days

of

the

entry

of

this

Stipulation,

Respondent

shall

submit

to

the

Illinois

EPA

copies

of

all

bills

10

---

of

lading

and

receipts

documenting

the

return

of

the

all

unused

raw

materials

to

its

suppliers.

Any

unused

raw

materials

that

are

not

returned

within

this

30-day

period

shall

be

removed

as

wastes

within

the

60-day

period

contained

in

paragraph

1,

above.

3.

Within

six

(6)

months

after

the

entry

of

this

stipulation,

the

Respondent.

shall

remove

the

concrete

floor

in

the

production

and

storage

area

of

the

Meisel

Plating

building

(approximately

50

feet

by

55

feet)

and

all

contaminated

soils

and

environmental

media

beneath

the

concrete

floor

shall

be

excavated

as

appropriate,

consistent

with

the

requirements

in

the

Tiered

Approach

to

Corrective

Action

Objectives

(“TACO”)

set

forth

in

Part

742

of

the

Board

Regulations

(35

Ill.

Adm.

Code

Part

742),

and

provide

for

the

implementation

of

any

needed

institutional

controls

and

engineered

barriers

under

Part

742.

4.

After

the

Respondent

has

demonstrated

that

it

has

met

the

requirements

set

forth

in

Part

742,

Respondent

shall

backfill

the

excavation

with

clean

soil

or

gravel

and

cover

the

backfill

material

with

concrete.

The

concrete

shall

be

installed

in

conformance

with

all

local

building

code

requirements.

All

excavation

and

backfilling

activities

shall

be

completed

within

nine

(9)

months

of

the

entry

of

this

Stipulation

and

Proposal

for

Settlement.

5.

Within

thirty

(30)

days

of

the

completion

of

the

excavation

of

the

contaminated

soils,

the

backfilling

of

the

excavated

area,

and

the

installation

of

the

concrete

over

the

11

---

backfill

material,

Respondent

shall

submit

a

Project

Completion

Report

to

the

Illinois

EPA

for

review

and

approval.

The

Project

Completion

Report

shall

include

documentation

of

the

removal

and

disposal

of

the

contaminated

soils,

including

copies

of

all

manifests,

load

tickets,

and

receipts

for

the

disposal

of

the

contaminated

soils.

COMPLIANCE WITH OTHER LAWS AND REGULATIONS

This

Stipulation

and

Proposal

for

Settlement

in

no

way

affects

Homin

Lee’s

responsibility

to

comply

with

any

federal,

state

or

local

laws

and

regulations,

including

but

not

limited,

to

the

Act,

415

ILCS

5/1(2000)

et

seq.,

and

Board

Regulations,

35

Ill.

Adm.

Code

Subtitles

A

though

H.

XII.

RIGHT OF ENTRY

In

addition

to

any

other

authority,

the

Illinois

EPA,

its

employees

and

representatives,

and

the

Illinois

Attorney

General,

his

agents

and

representatives,

shall

have

a

right

of

entry

to

Homin

Lee

d/b/a

Meisel

Plating’s

facility

at

all

reasonable

times,

for

the

purposes

of

conducting

investigations

to

determine

compliance

with

the

Act,

Board

regulations,

and

the

terms

and

conditions

of

this

Stipulation.

In

conducting

any

inspection

of

Homin

Lee’s

facility,

the

Illinois

EPA,

its

employees

and

representatives,

and

the

Attorney

General,

his

agents

and

12

---

representatives

may

take

any

photographs

or

samples

as

they

deem

necessary

in

order

to

conduct

their

investigation.

XIII.

RELEASE FROM LIABILITY

In

consideration

of

Homin

Lee’s

payment

of

Five

Thousand

Five

Hundred

Dollars

($5,500.00),

commitment

to

comply

with

the

Act

and

Board

regulations

promulgated

thereunder,

performance

of

all

the

obligations

outlined

in

Section

X.B.

of

this

Stipulation

and

the

completion

of

all

requirements

listed

in

Section

X.B.

herein,

the

Complainant

releases,

waives

and

discharges

Respondent

and

his

employees,

agents,

successors

and

assigns

from

any

further

liability

or

penalties

from

claimed

violations

of

the

Act

and

regulations

which

were

the

subject

matter

of

the

Complaint

herein

upon

receipt

by

Complainant

of

the

payment

required

by

this

Stipulation

and

upon

completion

of

all

requirements

listed

in

Section

X.B

herein.

However,

nothing

in

this

Stipulation

shall

be

construed

as

a

waiver

by

Complainant

of

the

right

to

redress

heretofore

‘future

or

undiscovered

violations

of

the

Act

and/or

Board

regulations

or

to

obtain

penalties

with

respect

thereto’.

13

---

WHEREFORE,

Complainant

and

Respondent

request

that

the’

Board

adopt

and

accept

the

foregoing

Stipulation

as

written.

AGREED:

.

FOR

THE

COMPLAINANT:

‘

PEOPLE

OF

THE

STATE

OF

ILLINOIS

JAMES

E.

RYAN

Attorney

General

State

of

Illinois

MATTHEW

J.

DUNN,

Chief

ILLINOIS

ENVIRONMENTAL

Asbestos

Litigation

Division

PROTECTION

AGENCY

Environmental

Enforcement/

By:

~

i~i

By:

ROSEMARIE

CAZEAU,

Chief

JOSEPH

E.

SVOBODA

Environmental

Bureau

Chief

Legal

Counsel

Assistant

Attorney

General

Dated:_____________________

Dated:

__________

FOR

THE

RESPONDENT:

HOMIN

LEE

d/b/a

MEISEL

PLATING

BY:

‘~7~7’V’—”~

DATED:

‘

H, \co~on\Euv~onmonta~\Cazme1\HominI~eeStip

14