RE CE ~V E. D
CLERK’S
OFFICE
BEFORE
THE ILLINOIS POLLUTION CONTROL BOARD
SEP
10
2004
PEOPLE OF THE STATE OF ILLINOIS,
)
STATE OF ILLINOS
Complainant,
)
Pollution Qontrol
Board
vs.
)
No.
PCB 04-164
THE FIELDS OF LONG GROVE HOME OWNER’S
)
ASSOCIATION,
an Illinois corporation,
)
(PWS
-
Enforcement)
Respondent.
)
NOTICE OF FILING
TO:
See Attached Service List
PLEASE TAKE NOTICE that on the lOrd day of September,
2004,
I
filed with the Clerk of the Illinois Pollution Control Board~a
Stipulation and Proposal for Settlement and a Motion to Request Relief
From Hearing Requirement,
copies
of which are attached hereto and are
hereby served upon you.
PEOPLE OF THE STATE OF ILLINOIS
LISA
MADIGAN
Attorney General
of the
State of Illinois
By:
1L)
~
•
PAULA BECKER WHEELER
•
Assistant Attorney General
Environmental Bureau
•
188 West Randolph Street,
20thFl.
ChtotrL0~Ut
312/814-1511
0
DATE:
September
10,
2004
THIS FILING IS SUBMITTED ON RECYCLED PAPER
SERVICE LIST
Mr.
Thomas
Draths
Schulyer
Roche
& Zwirner
One Prudential
Plaza•
130
E.
Randolph
Drive
0
Suite
3800
Chicago,
Il.
60601
Bradley Halloran
• Chie~Hearing Officer
• Illinois Pollution Control Board
•
0
100 West Randolph Street,
11th Floor
Chicago,
IL 60601
0
•
•
••
0
•
RECEWED.
•
BEFORE
THE
ILLINOIS POLLUTION CONTROL
BOARD
CLERK’S OFFICE
PEOPLE OF THE STATE OF ILLINOIS,
•
0
)
•
SEP
1002004
•
0
•
Complainant,
•
STATEOFILu~oIs
•
•
•
)
•
Pollution Control Board
vs.
)
•
0
0
0
•
•
•
)
•
No.
PCB• 04-164
•
0
THE FIELDS• OF LONG GROVE HOME OWNER’ S
•
)
(PWS
-
Enforcement)
•
ASSOCIATION,
an Illinois corporation,
•
)
0
•0
0
•Respondent.
•
0
)
0
•
•
•
MOTION
TO
•REQUEST
RELIEF
•
0
•
•
FROM HEARING REQUIREMENT
NOW COMES
the Complainant,
PEOPLE OF THE STATE
OE 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 March 18,
2004,
a Complaint was filed with the Pollution
Control Board (“Board”)
in this matter.
0
On September 10; 2004,
a
Stipulation and Proposal for Settlement was filed with the Board.
2.
Section 31(c) (2)
of. the Illinois Environmental Protection
Act
(“Act”),
415 ILCS
5/31(c) (2),
effective August
1,
1996,
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(0c)
(2)
provides:
0
00
•
0
•
•
0
Notwithstanding the provisions of
subdivisiOn
(1)
of
this
subsection
(c),
whenever
•
a
~omplaint 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;
0
in its
discretion, concludes that a hearing,will be
held,
the Board
shall
cause0 notice
of
the0
stipulation, proposal andrequest for relief
0.t
to be published and sent in the same manner
as
is
required
for
hearii~g
pursuapt
to
subdivision
(1)
of
this
subsection.
The
notice
shall
include
a
statement
that
any
person
may
file
a
written
demand
fOr
hearing
within2l
days
after receiving the”notice.
0
0
If
any
person
files
a
timely
written
demand
for
hearing,
the
Board
shall
deny
the
request
0
for relief
from a hearing and shall
hold a
hearing in accordance with the provisions of
subdivision
(1)
.
0
•
•
3.
No hearing is currentlyscheduled in the
instantOcase.
• 4.
The Complainant requests the relief conferred by Section
0
31(c) (2)
of the Act.
00
0
0’
WHEREFORE,
the
Complainant~.
PEOPLE
OF
THE
STATE
OF
‘ILLINOIS,
by
LISA
MADIGAN,
Attorney General of the State of Illinois, requests
relief from the requiremen.t of a hearing.pursuantto 415 ILCS
0
5/31(c) (2) (2002).
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0
•
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0
•
00
•
0
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0
Respectfully submitted,
0
•
0
•
0
PEOPLE QF THE STATE OF ILLINOIS
0
LISA
MADIGAN
00
0
0
0
0
•
0
0
Attorney General of the
•
‘
0
0
0
0
State of Illinois
•
0
By
~
i~
~J/~~1u
PAULL~ BE~CKERWHEELER
‘
0
Assistant Attorney General
0
0
Envi±onmentalBureau
0
•
~
0
00
188 West Randolph Street,
20th
Fl
0
0
0
0
0
Chicago,
IL 60601
0
0
0
0
312/814-1511
0
•
•
0
0
0
•
0
0
0
00•
0
0
0
0
RE_CE
•
0
.
CLER~’~
OFF~:
0
BEFORE THE ILLINOIS POLLUTION. CONTROL BOARD
•
0
0
•
SEP
100
20O~
PEOPLE OF THE STATE OF ILLINOIS,
•
)
0
•
•
0
•
•
0
)
0
STATEOFILLI~OOIS
Complainant,
)
0
Pollut~opControl BoarcJ
v.
0
)
0
PCB 04_l64
0
•
0
)
0
(Enforcement-PWS)
THE FIELDS OF LONG GROVE HOME
OWNER’S ASSOCIATION,
an Illinois
)
0
corporation,
0
0
)
•
0
Respondent.
0
)
0
0
0
•
STIPULATION AND PROPOSAL FOR SETTLEMENT
•
0
Complainant,
PEOPLE OF THE STATE OF ILLINOIS,
by LISA
MADIGAN,
Attorney General’ of the State of Illinois,
at the
0
request
of the Ill±nois.EnvironmentalProtection Agency,
and
•
0
respondent, THE FIELDS OF LONG GROVE HOME
OWNER’S
ASSOCIATION,
an.
Illinois
corporation,
do
hereby
agree
to
this
Stipulation and
0
Proposal for Settlement
(“Stipulation”)
.
The
parties
agree
that
O
the statement
of facts contained herein represents a fair summary
0
of the evidence and testimony which would be introduced by the
parties
if a full hearing were held
The parties further
• stipulate that this statement of facts is made
and. .a~reed~ipon
for purposes of settlement only and that neither the fact that a
party has entered into this Stipulation, nor anyof the facts
•
stipulated herein,
shall be introduced into evidence in this or
any other proceeding except to enforce the terrusof this
0
00
agreement.
Notwithstanding the previous sentence,
this
•
•
•
0
Stipulation and Proposal for Settlement and any Illinois
-1-
•
0
0
0
0
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 Illinois Environmental
•
Protection Act
(“Act”)
far purposes
of
Sections 39(i)
and 42(1~)
of
the Act,
415 ILCS 5/39(i) and 5/42(h) (2002).
00
‘
•
I.
.
•
,
•
0
•
0
•
0
•
JURISDICTION
0
0
•
,
,•
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•
The Board has jurisdiction of the subject
matter
herein
and’
of the parties consenting hereto pursuant to the Act;
415: ILCS
5/1 et
seq
(2002)
•
‘
II.
•
,
0
0
0
•
•
,
0
AUTHORIZATION
‘
0
:
00
The undersigned representatives for each party certify
that’
they are fully authorized by the party whomthey represent
to
0
0
0
enter into the terms and condi~ionsofthis Stipulation and
‘
0
•
Proposal
for
Settlement
and
to
legally
bind
them
to
it.’,
•
0
III
0
0
,
APPLICABILITY
•
0
0’,;
This Stipulation and Proposal for Settlement
shall apply to
and be binding upon the Complainant and Respondent, and each of
them,
and on any officér,
director,
agent, ‘employee or servant of
O
‘Respondent,
as well
as Re~pondent”s successors ai~dassigns.
The Respondent shall not raise as a defense to any enforcement
O
action taken pursuant to this.settlement the failure of offide~s,
..
directors,
agents,
servants,
or employees of Respondent to take
-2-,
,‘
‘
0
‘
•
0
such
action
as
shall
be
required
to
comply
with
the
p~ovis~ons
of
this
settlement.
•
•
•
‘
•
•
IV.
•
•
•
STATEMENT OF FACTS
,
0
•
00
A.
Parties
•
•
0
0
0
1.
The Attorney General of the State of Illinois brought
this action
on her own motion,
as well as
at the request
of the
Illinois Environmental Protection Agency (“Illinois EPA”),’
pursuant to the statutory authority vested in her under Section
31
of
the
Act,
415 ILCS 5/31
(2002)
.
0
2.
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
aJia,
with the
duty
of
enforcing
the
Act.
3.
Respondent;
THE
FIELDS
OF
LONG
GROVE
HOME
OWNER’S
O
ASSOCIATION(”FOLG”),
is an Illinois corporation.
.•
‘
•
•
B.
~Facility
Description
•
‘
Respondent
is a homeowners association
that
operates’ a
0
•
•
public wa.tersupply located in south-central Lake County,
,
00
northeast
of
Lake
Zurich,
Illinois
Respondent
services
approximately 267 consumers through 89 direct connections
The
Respondent,
who obtains water from three wells, disinfects the
0
•
water
with
chlorine,
passes
it
into
two
hydropneumatic’
storage
0
0
tanks, and then sends the water through a distribution system.
Its operation of the utility is subject to the Act and the Rules
and Regulations promulgated by the Illinois Pollution Control
-3-
•
Board
(“Board”) and the ‘Illinois EPA.
C.
Noncompliance
‘0
Complainant has alleged the following violations of the Act
against the RespOndent:
•
0
‘
0
0
COUNT
I:
FAILURE
TO
OBTAIN
CONSTRUCTION
PERMITS,
violati0ons
‘of,
0
Sections
15(a)
and 18(a)
of the Act,
415 ILCS 5/15(a),
18(a)
(2002),
and
Section
602.101(a)
of
the
Board
Regulations for Public Water Supplies,
35
Ill. “Adm.
Code 602.101 (a)
;
‘
0
‘
0
‘
0
•
0
COUNT
II:
FAILURE
TO
OBTAIN
OPERATING PERMITS, vi~1ationsof~
•
0
•
Sections 18(a)
of the Act,
415 ILCS 5/18(a) (2002),, and-
0
•
Section 602.102
of the Board Regulations
for. Public
Water Supplies,
35
Ill.
Adrn. Code 602.102.
D.
Response to allegations
•
,
0
0
•
Respondent neither admits nor denies the alleged violations.
V.
,
‘
•
IMPACT ON THE PUBLIC RESULTING FROM NONCOMPLIANCE,
•
0
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:
•
‘
‘
‘
0
,o
,
0
1.
the
character
and
degree
‘
of
.
injury’ to,
or.,
interference
with
the’ protection
of
i
the
health,
•
general
welfare
and
physical
property’
of
,the
people;
0
‘‘
,
‘
•
‘
,
‘
0
•
‘
2.
“the social and economic value
of. the pollution
‘
•
source;
•
0
‘
‘
•
•
3
the sultabillty or unsuitability
of
the pollution
•
source
to:
the
•
area
in
whLch
‘it
is
located,
including the question of priority of location in
•
the area involv~d;
‘
0
,
•
0
-.
‘
0
•
~4-•
•
‘•
‘
0
‘
,~
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.
•
‘
O
ANALYSIS:
0
‘
•
•
The
parties
mutuallystate
as
follows:
0
1.
Character and Degree of Injury:
‘
0
•
The impact to the public from the alleged. violations of the
0
Act and Board regulations was the threat of unsafe drinking water
•from equipment installed and operated without permits necessary
to ensure compliance with applicable health and safety standards.
•
•
2.
Social and Economic Benefit:
O
The parties agree that operation of Respondent’s public
water supply is of social and economic benefit.
•
0’
•
0
3•
•
Suitability to the Area:
‘
‘
Operation of Respondent’s public water supply is suitable to
the area.
•
‘
4.
Technical Practicability:
•
•
•
0
•
Proper application for permits and meeting the minimum
design standards for construction are both
tedhnically
0,
practicable and economically reasonable
O
5~
Subsequent Compliance:
0~’
•
•
0
•
•
Respondent
is currently in compliance.
00
0
•
-5-
VI.
,
‘
CONSIDERATION OF SECTION 42(h)
FACTORS
Section 42(h)
of the Act,
415 ILCS 5/42(h) (eff.
01/01/2004),’
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,
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;
0
2.
the presence or absence of due diligence
on, the
part of the respondent
in attempting to comply
with the requirements of this Act apd regulations
thereunder or
to. secure relief
therefrotrt as
provided by this Act;
.
0,
‘
,•~
3.
any economic benefits accrued by the-respondent
because of delay. in compliance with, requirements,
• in which case the economic bcnef.it shall be
0’
•
determined by the lowest cost alternative fOr’
achieving compliance;
•
0
‘
0
4.
the amount
of monetary
penalty which will
serve’ to
deter further violations by the respondent and to
O
otherwise aid
in’
enhancing voluntary compliance
with this Act by the respondent and other persons
similarly subject to the Act;
,
,
0
‘~
‘
5.
the number, proximity in’time,
and gravity of
previously adjudicated violations of this Act by
the respondent;,
0
‘
‘
0
,
•
•
•
0
6.
whether the respondent voluntaril~’self-disclosed,,
in accordance with subsection
(i)
of this Section,
the non-compliance to the Agency; and
0
7~
whether the respondent’ has agreed to undertake a
O
“supplemental environmental project,” which means
,
an environmentally beneficial project0 that
~
.:
0
•
respondent
agree’s to ‘und~rtakein settlement
0f
an
enforcement action brought under”this Act, but
‘
•
which the respondent
is not otherwise legally
-6-,
,
0
,
0
,
0
required
to
perform.
•
AALYSIS:
Inresponse
to
these
factors,
the
parties
stateas
follows:
1.
The violations
that
are
the
subject
of
the
Complaint
•
,
occurred over approximately a one-year period.
.
.
2.
The
Respondent
was
diligent
in
addressing
the
viplations
by
meeting with
the
State
on
several
occasions
to
discuss
measures
necessary
‘to
achieve
compliance,
and
eventually
dismantled
•t’he
• subject
equipment to
facilitate
operating
in
compliance
with
the
applicable, environmental statutes and regulations.
.
.
•
•
3.
The Respondent did
accrue
a
minimal
economic
benefit
by
•
avoiding
timely
preparation
of
construction
and
operating
permit
applications, the exact amount of which,
is difficult to determine
The civil penalty
contained herein recovers any economic
benefit
•
obtained
by
Respondent
from
the
allegednoncompliance.
•
•
4.
The parties believe
that
a civil
penalty’of
$3,000.00
will deter Respondent
from committing
further
violations,
and
will
aid
in enhancing
voluntary
compliance
by
Respondent
and’
Otheis
similarly
situated
and
subject
to
the
Act
5
The
Complainant
is
not
aware
of
any
other
adjudicated
violations
of
the
Act
by
Respondent.
0
0
:
•
.
‘
6.
Self-disclosure is not an issue in this matter.
.
7
No Supplemental Environmental Project has been
recommended as described in Section VI.7
of’ this Stipulation.
-7-
VII’.
TERMS OF SETTLEMENT
1.
The Respondent
shall pay
a penalty of
Three Thousand
Dollars ($3,000.00) within 30 days, of the date the Board issues an
0
Order accepting this Stipulation.
.
0
‘
0
2.
All Payments
shall, be made by certified check or money
order, payable to the Illinois EPA, designated for deposit into the
Environmental Protection Trust Fund
(
“EPTF”),
and shall be sent
,
by
first
class mail
to:
,
.
•
.
.
‘
.
•
Illinois Environmental Protection Agency
• Fiscal Services
.
.
‘
•
,
0
‘
‘
1021 North Grand Avenue East
0
O
P.O. Box 19276
,
‘
0
,
,
‘
•
‘0
‘
~,
~,
•
Springfield,
IL
62794-9276
,,
H
0
3.
Respondent’s
Federal
Employer’Identification
Number must
be on the
certified check or money order.
For issues relating to
the payment of the penalty,
the Respondent’
,
may be reached
at,
‘the,
follOwing address:
•
0
‘
0
,‘
•
‘
‘
•‘
‘
‘
,
•
0
Karen Grant
‘
•
•
•
,
The Fields Of Long”Grove
‘0,
,.,
0,
P.O. Box 4665 RFD
‘0
•‘
.
‘
Long Grove,
Illinois 60047
‘,
A copy
of
the
certified check
or money order,
and all
related
correspondence,
shall be sent by first class mail to
Paula Becker Wheeler
0
,
,,
,
,,
,
‘
•‘
Assistant Attorney General
0’
,
•
.
‘
0,
0
‘Environrñental Bureau
‘
“
0
‘
‘
• 188 West Randolph,
2Oth,Flbor
Chicago, Illinois 60601
4
If the Respondent fails to make any payment specified
-8-
• within Section VII of this Stipulation Order on or before, 0the’ date
upon which
the’ payment
is
due, ‘the Respondent will be in default
and the remaining unpaid balance of the penalty, plus any accrued
interest,
shall be due and owing immediately.
•
0
•
‘
.
5.
In the event of default,
the Complainant shall be
entitled
to reasonable
costs
•f
collection,
including reasonable
attorney’s
fees
•
•
‘
•‘
VIII.
‘
‘
‘‘
INTEREST ON PENALTIES
1.,
Pursuant to Section 42(g)
of the Act, 415 ILCS 5/42(g),
interest ‘shall accrue on any penalty amount owed by the Respondent
not paid within the time prescribed
herein,
at
the maximum rate
‘
O
allowable under Section 1003 (a)
of the Illinois Income Tax Act,,’ 35
•
‘
ILOS 5/1003 (a) (2002)
.
0
‘
“
‘
‘
•
2.
Interest on unpaid penalties shall begin to accrue’from’
the
date’ the penalty
is
due and continue
to accrue
to the
date
0,
payment
is received
by the Illinois EPA.
0
3
Where partial payment is made on any penalty amount that
•
is due, such partial payment shall be first applied to any interest
on unpaid penalties then owing
•
‘4.
All ‘interest on perialties,owed the Complainant shall be
‘,
paid by certified check or money order payable to the Illinois EPA
for deposit in the EPTF at the above-indicated address
The name,
•
case
number,
‘and the Respondent’s Federal Employer ‘Identification’
Number shall
appear on the face
of the certified check or money
-9-
‘
‘
0
•
order
A
copy
of
the certified
check
or money
order
and
the
transmittal letter shall’be sent to:
‘
0
Paula Becker Wheeler
,
0
0
,
Assistant Attorney General
,
‘
0
‘
Environmental Bureau
‘
0
‘
0
188
W.
Randolph
St.,
20t11,Floor
‘
Chicago, Illinois 60601
Ix.
‘
RIGHT OF ENTRY
‘
0
‘~
,‘
In
addition
to
any
other
authority,
,
the Illinois
EPA,
its
‘
employees and representatives, and,the Attorney General, her agentC
and representatives,
shall have the right
of entry into and’ upon
O
the
Respondent’s
facility
which
is
th’esubject
of
this
Stipulation,
at
all
reasonable
times
for
the
purposes
of
carrying
•,.
out
inspections
In conducting such inspections, the Illinois EPA, its
•
employees
and
representatives,
and
the
Attorney
General;
her
employees
and
representatives
may
take
photographs,
samples,
and’
‘
collect information,
as they deem necessary
•
X.
•
‘
CEASE AND DESIST
‘.
0
‘
‘
•
•
0
Respondent
shall
cease
and
desist
from
future
violations
of
the Act and Board regulations,
including but not limited to, those
sections of
the Act and Board
regulations that were the subject
‘matter’ of
‘the
complaint
as
outlined
in
Section
IV.C.
of
this
Stipulation and Proposal for Settlement
XI.’
,
0
,
0,’
,
COMPLIANCE WITH OTHER LAWS AND REGULATIONS,
0
0
‘:~
This Stipulation and Proposal for S~ttlementin no way affects
0’
-10-
Respondent’s responsibility to comply with any federal,
state
or
local regulations,
including but not limited to the Act and Board
regulations.’
XII.
‘
‘
‘
RELEASE FROM LIABILITY’
In consideration of the Respondent’s payment as described
in’ paragraph VII above, and the Respondent’s commitment to refrain
O
from
future ‘violations
of
the
Abt
and
Board
regulations,
Complainant
releases,
waives and discharges the Respondent from any
further
liability
or penalties
for
violations
of
the
Act
‘and
regulations which were the subject matter of
the
Complaint
herein,
upon the
payment
of
all monies owed
However,
nothing in this
0
Stipulation and Proposal
for
Settlement
shall
be
construed
as,
‘a
waiver by Complainant of the right to redress future or
heretofore
undisclosed
violations,
or
obtain
penalties
with
respect
thereto.
(THE REST pF THIS PAGE IS LEFT INTENTIONALLY
BLANK)
•
-11-
-
WHEREFORE,
Complainant and Respondent request that the Board
adopt
and
accept
the
foregoing
Stipulation
and
PrOposal
for
Settlement as written.
0
0
‘
AGREED:
‘FOR THE COMPLAINANT:
‘FOR THE RESPONDENT:
THE’FIELDS:bF’LoWG:GRoVE
LISA MADIGAN
,
‘HOMEOWNER’S ASSOCIATION
Attorney General
‘
0
0
,
0
of the State of Illinois
By:, _______________________
p
__
0
Title:
E~/~73/
Dated’,:____________
____
Matthew J. Dunn,
Chief
Environmental Enforcement/
‘
,
Asbe~to-~Litigation Dfr~~Tision
0
0
‘
0
By:
~‘
,‘~
~__,-_&___)
~‘
~-.~-—--0
0
,
RO B
R~,ECA-’ZEAU,C~
,
‘
‘
0
Environmental Bureau
•
0
Assistant Attorney General
0
‘
Dated
~l~z~~/oif
ILLINOIS ENVIRONMENTAL
0,
,
,
,
,
,
‘
‘
O
‘
0
,
~
‘
0
‘
0
‘‘
E
SVOBODA
Chief Legal Counsel
Dated:
‘
‘
0
-12-
O
‘
,
‘
CERTIFICATE ‘OF SERVICE
‘
‘
I,
PAULA BECKER WHEELER,
an Assistant Attorney General in this
case,
do certify that I caused to be served this 10th day of
‘
September,
2004,,the
foregoing
Stipulation
and
Proposal
for
,
‘
‘
0
Settlement,
Motion’ to Request Relief ‘From Hearing Requirement and
‘
O
Notice ‘of Filing upon the persons listed on said Notice by depositing
same in an envelope,
first class postage prepaid, with the United
0
States Postal Service at
188 West Randolph Street,
Chicago, Illinois,
at or before the hout of 5:00 p.m.
‘
0
,
/0/
4
~&~2~—
~.‘
PAULA BECKER WHEELER
L
