REC2 VED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
~ 2 6 2004
PEOPLE OF THE STATE OF ILLINOIS, )
STATE OF ILLINOIS
Complainant,
PoUution Control Board
v.
)
PCB No. 04-224
(Enforcement
-
Water)
HERITAGE FS, INC., an Illinois
incorporated cooperative,
Respondent.
NOTICE OF FILING
TO: See Attached Service List.
PLEASE TAKE NOTICE that on October 26, 2004, the People of
the State of Illinois filed with the Illinois Pollution Control
Board a Stipulation and Proposal for Settlement and Motion for
Relief from Hearing Requirement, true and correct copies of
which are attached and hereby served upon you.
Respectfully submitted,
LISA
MA.DIGAN
Attorney General
State of Illinois
BY:
_________
QENI’4FER A
TOMAS
A~-±’stantAttorney General
Environmental Bureau
188 W. Randolph Street, Suite 2001
Chicago, Illinois 60601
(312) 814-0609
THIS FILING IS SUBMITTED ON RECYCLED PAPER
SERVICE LIST
Heritage FS, Inc.
1381 S. Crescent
Gilman, Illinois 60938
Thomas G. Safley
Hodge Dwyer Zeman
3150 Roland Avenue
P.O. Box 5776
Springfield, Illinois 62705-5776
Charles Gunnarson
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
Carol Sudman
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
RECE~VED
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD CLERK’S OFF?CE
OCT 26 2004
PEOPLE OF THE STATE OF ILLINOIS,
STATE OF ILLINOIS
Complainant,
)
Pollution Control Board
v.
)
PCB No. 04-224
(Enforcement
-
Water)
HERITAGE FS, INC., an Illinois
incorporated cooperative,
Respondent.
MOTION FOR
RELIEF FROM HEARING REQUIREMENT
NOW COMES Complainant, PEOPLE OF THE STATE OF ILLINOIS, by
LISA MA.DIGAN, 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 (“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. The Complaint in this matter alleges violation of the
Sections 12 (a)
,
(d) and (f) of the Act, 415 ILCS 5/12 (a)
,
(d)
and (f) (2002), and Sections 309.102(a), 302.203, 304.105 and
304.106 of the Board regulations, 35 Ill. Adm. Code 309.102(a),
302.203, 304.105 and 304.106.
2. Complainant is filing this Motion and a Stipulation
and Proposal for Settlement with the Board.
3. The parties have reached agreement on all outstanding
issues in this matter.
4. This agreement is presented to the Board in a
Stipulation and Proposal for Settlement filed this same date.
5. 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).
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
State of Illinois
BY:
ç
t.A1Lv~A1~1P
~
IFER A. TOMAS
Assistant Attorney General
Environmental Bureau
188 W. Randolph St., 20th Floor
Chicago, Illinois 60601
(312) 814-0609
DATE: October 26, 2004.
2
RECE~1VED
CLERK’S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
oci 262004
PEOPLE OF THE STATE OF ILLINOIS,
)
STATE
OF ILLINOIS
Complainant,
Pollution Control Board
v.
)
PCB No. 04-224
(Enforcement
-
Water)
HERITAGE FS, INC., an Illinois
incorporated cooperative,
Respondent.
STIPULATION AND PROPOSAL FOR SETTLEMENT
Complainant,
PEOPLE OF THE STATE OF ILLINOIS, by LISA
MADIGAN, Attorney General of the State of Illinois, the Illinois
Environmental Protection Agency (“Illinois EPA”), and Respondent,
HERITAGE FS, INC. (“Heritage”), an Illinois incorporated
cooperative, have agreed to the making of this Stipulation and
Proposal for settlement (“Stipulation”) and submit it to the
Illinois Pollution Control Board (“Board”) for approval. 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 trial 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
Complaint except as otherwise provided herein. If the Board
approves and enters this Stipulation, Respondent agrees to be
bound by the Stipulation and not to contest its validity in any
subsequent proceeding to implement or enforce its terms.
I.
JURISDICTION
The Board has jurisdiction over the subject matter herein
and of the parties consenting hereto pursuant to the Illinois
Environmental Protection Act (“Act”), 415 ILCS 5/1
et seq.
(2002)
II.
AUTHORI ZATION
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
Agreement
and to legally bind them to it.
III.
STATEMENT OF FACTS
A. Parties
1. On June 23, 2004, a Complaint was filed on behalf of
the People of the State of Illinois by LISA MADIGAN, Attorney
General of the State of Illinois, on her own motion and upon the
request of the Illinois EPA, pursuant to Section 31 of the Act,
415 ILCS 5/31 (2002)
,
against the Respondent.
2. 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)
2
3. At all times relevant to the Complaint, Respondent;
HERITAGE, was and is an Illinois incorporated cooperative
pursuant to the Agricultural Co-operative Act, 805 ILCS 315/1
et
seq.
(2004), that is authorized to transact business in the State
of Illinois.
B. Site Description
1. At all times relevant to this Complaint, Respondent
Heritage operated a branch bulk fuel facility located at 2201
Grinnel Road, Kankakee, Kankakee County, Illinois (“Site”).
2. Heritage is a retailer of farm fertilizer and chemicals
as well as petroleum and LP gas. On July 9, 2003, during the
offloading of diesel fuel from a delivery truck to a tank at the
Site, a valve malfunctioned or was placed in the wrong position
causing the release of approximately 790 gallons of diesel fuel.
Approximately 250 gallons of the diesel fuel flowed into a
recovery tank near the offloading area, while the remaining
amount, approximately 540 gallons, overflowed the tank and were
deposited on the ground.
3. Some of the 540 gallons that were deposited on the
ground flowed, aided by subsequent heavy rains, over land
approximately 400 feet to a drainage ditch which leads to Soldier
Creek, a tributary of the Kankakee River, where it was carried
downstream for a distance of approximately one (1) mile and
discharged into the Kankakee River.
3
C. Allegations of Non-Compliance
Complainant contends that the Respondent has violated the
following provisions of the Act and Board Regu1ations:~
Count I: Water Pollution
Violation of Section 12(a) of the Act, 415 ILCS
5/12 (a) (2002)
;
Count II: Water Pollution Hazard
Violation of Section 12(d) of the Act, 415 ILCS
5/12 (d) (2002)
;
Count III: Permit Violation
Violation of Section 12(f) of the Act, 415 ILCS 5/12(f)
(2002); and Section 309.102(a) of the Board
Regulations, 35 Ill. Adm. Code 309.102(a).
Count IV: Offensive Conditions
Violation of Section 12(a) of the Act, 415 ILCS
5/12(a) (2002); and Sections 302.203 and 304.105 of the
Board Regulations, 35 Ill. Adm. Code 302.203 and
304.105.
Count V: Offensive Discharges
Violation of Section 12(a) of the Act, 415 ILCS
5/12(a) (2002); and Section 304.106 of the Board
Regulations, 35 Ill. Adm. Code 304.106.
D. Admission of Violations
The Respondent neither admits nor denies the violations
alleged in the Complaint filed in this matter and referenced~
herein.
E.
Compliance Activities to Date
1. Upon learning of the fuel discharge into the drainage
ditch leading to Soldier Creek on July 9, 2003, Heritage arranged
for an environmental contractor, SET Environmental (“SET”), to
remediate the spill. SET arrived at the Site on July 10, 2003
4
and plans were made to add booms and adjust them in response to
stream levels, which were changing due to significant
precipitation, and to ensure no further release of fuel from the
spill site.
2. Over the next few days, booms were added, cleaned,
moved and adjusted as called for by the stream level and
locations of- oil sheen. Fuel puddles were vacuumed and a sand
berm was constructed to contain additional flow. Locks were
placed on several valves to lessen the risk of release of fuel in
the future.
3. On July 22, 2003, approximately ten 16-yard tractor-
trailer loads of contaminated soil were removed from the Site and
disposed. Eleven (11) soil samples were taken from the
remediated area.
4. Results of samples taken show no appreciable
contamination exceeding Tier 1 ground water objectives.
5. All remediation resulting from the spill at the Site is
complete.
IV.
APPLICABILITY
A.
This Stipulation Agreement shall apply to
and be binding
upon the Complainant and the Respondent, and any officer,
director, agent, or employee of the Respondent, as well as any
successors or assigns of the Respondent. The Respondent shall
5
not raise as a defense to any enforcement action taken pursuant
to this Stipulation Agreement the failure of any of its officers,
directors, agents, or employees to take such actions as shall be
required to comply with the provisions of this Stipulation.
B. No change in ownership, corporate status or operator of the
facility shall in any way alter the responsibilities of the
Respondent under this Stipulation. In the event of any
conveyance of title, easement or other interest in the facility,
the Respondent shall continue to be bound by and remain liable
for performance of all obligations under this Stipulation. In
appropriate circumstances, however, the Respondent and a
contemplated future owner or operator of the facility may j.ointly
request, and the Complainant, in its discretion, may consider
modification of this Stipulation to obligate the proposed
purchaser or operator to carry out future requirements of this
Stipulation in place of, or in addition to, the Respondent.
C. Severability
It is the intent of the Complainant and Respondent that the
provisions of this Stipulation and Proposal for Settlement 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 clauses shall
remain in full force and effect.
6
V.
COMPLIANCE WITH OTHER LAWS AND REGULATIONS
This Stipulation
in no way affects the responsibilities of
the Respondent to comply with any other federal, state or local
laws or regulations, including but not limited to the Act, and
the Board Regulations, 35 Ill. Adm. Code, Subtitles A through H.
VI.
IMPACT ON THE PUBLIC RESULTING FROM ALLEGED NONCOMPLIANCE
Section 33 (c) of the Act, 415 ILCS 5/33 (c) (2002)
,
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
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
reasonableness of reducing or eliminating the
emissions, discharges or deposits resulting from
such pollution source; and
(v) any subsequent compliance.
7
In response to these factors, the parties state:
1. The impact to the public resulting from Respondent’s
non-compliance was that the discharge of fuel upon the land and
waters of the State presented a potential risk of harm to human
health and the environment.
2. Respondent’s business is of social and economic
benefit.
3. The facility is suitable to the area in which it is
located when adequate operational practices are followed to
prevent the release of diesel fuel to the environment.
4. Complying with the requireinents of the Act is both
technically practicable and. economically reasonable.
5. Respondent remediated the site and surrounding waters
and improved its material handling practices to reduce the risk
of further discharges into State waters.
VII.
CONSIDERATION OF SECTION 42(h) FACTORS
Section 42(h) of the Act, 415 ILCS 5/42(h) (2002), provides
as follows:
(h) In determining the appropriate civil penalty to be
imposed under
. . .
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
8
part of the respondent in attempting to comply
with requirements of this Act and regulations
thereunder or to secure relief therefrom as
provided by this Act;
(3) any economic benefits accrued by the respondent
because of delay in compliance with requirements,
in which case the economic benefits shall be
determined by the lowest cost alternative for
achieving compliance;
(4) the amount of monetary penalty which will serve to
deter further violations by the respondent and to
otherwise aid in enhancing voluntary compliance
with this Act by the respondent and other persons
similarly subject to the Act;
(5) the number, proximity in time, and gravity of
previously adjudicated violations of this Act by
the respondent;
(6) whether the respondent voluntarily self-disclosed,
in accordance with subsection (i) of this Section,
the non-compliance to the Agency; and
(7) whether the respondent has agreed to undertake a
“supplemental environmental project,” which means
an environmentally beneficial project that a
respondent agrees to undertake in settlement of an
enforcement action brought under this Act, but
which the respondent is not otherwise legally
required to perform.
In response to these factors, the parties state:
1. The spill of fuel and its entry into tributaries of
Soldier Creek, Soldier Creek itself and the Kankakee River
occurred on July 9, 2003 and cleanup activities were conducted
for approximately two weeks. The spill resulted in an oil sheen
on the receiving waters.
2. Respondent demonstrated diligence in responding to the
9
spill incident. Respondent and its remediation contractor met
with other involved agencies to plan remedial actions, which were
effectively carried out.
3. Respondent gained an economic benefit by delaying
investment in measures such as valve locks’, larger retention
tanks and training materials for personnel, which may have
prevented the occurrence of the spill. However, that economic
benefit will be offset by payment of the penalty and the
performance of two (2) Supplemental Environmental Projects
(“SEPs”) by Heritage as described herein.
4. The appropriate penalty that will serve as deterrence
is Ten Thousand Dollars ($10,000.00), ~n addition to two (2)
SEP5.
5. To Complainant’s knowledge, Respondent has no
previously adjudicated violations of the Act.
6. Respondent had no knowledge of the spill prior to a
third-party disclosing it to the Illinois EPA. Therefore,
Respondent did not self-disclose the spill to the Illinois EPA.
7. Respondent has agreed to undertake two (2) SEPs as part
of the settlement of this matter for which the Respondent is not
otherwise legally required to perform.
10
VIII.
TERMS OF SETTLEMENT
A. Penalty
1.
a.
Complainant initially
determined that a civil
penalty of Thirty Thousand Dollars ($30,000.00) for Respondent’s
violations of the Act and the Board regulations was appropriate
based on the gravity of the alleged violations.
b. Respondent has agreed to implement, and
Complainant has agreed to accept in partial settlement of this
matter, the proposed terms of two (2) SEPs, which have the
combined value of approximately Eighty-Three Thousand Seven
Hundred and Eighty-Three Dollars ($83,783.00) and are described
under Section VIII.C, below.
c. In order to promote the goalsof the Act to
restore, protect and enhance the quality of the environment,
Complainant has agreed to mitigate the civil penalty to Ten
Thousand Dollars ($10,000.00), based upon Respondent’s commitment
to implement two (2) SEPs.
d. The Respondent shall pay a civil penalty of Ten
Thousand Dollars ($10,000.00), within thirty (30) calendar days
after the date on which the Board adopts a final order approving
this Stipulation. Payment shall be made as follows:
e. Payment shall be made by certified check or money
order, payable to the Illinois EPA for deposit into the
11
Environmental Protection Trust Fund (“EPTF”) and shall be sent by
first class mail and delivered to:
Illinois Environmental Protection Agency
Fiscal Services
1021 North Grand Avenue East
P.O. Box 19276
Springfield,
IL 62794-9276
f. The name, case number, and the Respondent’s
Federal Employer Identification Number (“FEIN”),
36—3818145
shall appear on the face of the certified check or money order.
A copy of the certified check or money order and the transmittal
letter shall be sent to:
Jennifer A. Tomas
Assistant Attorney General
Environmental Bureau
188 West Randolph Street, Suite 2001
Chicago, Illinois 60.601
Charles W. Gunnarson
Assistant Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
g. For purposes of payment and collection, the
L
Respondent’s attorney may be reached at the following address:
Thomas G. Safley
Hodge
Dwyer
Zeman
3150 Roland Avenue
P.O. Box 5776
Springfield, Illinois 62705-5776
h. For purposes of payment and collection, Respondent
may be reached at the following address:
12
Heritage FS, Inc.
1381 S. Crescent
Gilman, Illinois 60938
i. Upon Respondent’s failure to pay the civil penalty
when due, the entire balance of the penalty remaining unpaid
shall without notice be and become immediately due and payable.
j. In the event of default, the Complainant shall be
entitled to reasonable costs of collection, including reasonable
attorney’s fees.
k. In the event that Respondent fails to implement
the SEPs described in Section VIII.C, Respondent shall remit the
amount of Twenty Thousand Dollars ($20,000.00) to the Illinois
EPA within thirty (30) calendar days after the event(s) or
circumstance(s) resulting in the nonperformance. Payment of the
remittance shall be made according to Section VIII.l.e and
VIII.l.f, above.
B. Interest on Penalties
1. Pursuant to Section 42(g) of the Act, 415 ILCS
5/42 (g) (2002), interest shall accrue on any penalty amount owed
by the Respondent 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) (2004)
2. Interest on unpaid penalties shall begin to accrue from
the date the penalty is due and continue to accrue to the date
payment is receiv~dby the Illinois EPA.
13
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 penalties 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 FEIN shall appear on the
face of the certified check or money order. A copy of the
certified check or money order and the transmittal letter shall
be sent to:
Jennifer A. Tomas
Assistant Attorney General
Environmental Bureau
188 West Randolph St., Suite 2001
Chicago, Illinois 60601
Charles W. Gunnarson
Assistant Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
C. Supplemental Enviromnental Projects
1.
In connection with this Stipulation, Respondent shall
perform two (2) SEPs. For the first SEP (“SEP 1”), Respondent
shall make the following upgrades at its bulk petroleum facility
in Peotone, Illinois:
a. Install a specialized loading system with pressure
valves and sensors to reduce drips, spill
potential and overfill when loading;
b. Install a computerized/electronic system to ensure
14
that all loading lines will be closed except when
in use;
c. Construct a building over the retention, pad to
reduce volume of rain water to be environmentally
handled; and
d. Install an overfill alarm system.
2. Subsequent to their implementation, the Respondent
shall at all times operate the, above-referenced equipment, assure
that it is properly calibrated and maintain it in good working
order.
3. a. For the second SEP (“SEP 2”), Respondent shall
donate Two Thousand Dollars ($2,000.00) to the Kankakee County
Emergency Service Disaster Agency. Payment shall be made by
certified check or money order, payable to the Kankakee County
Emergency Service Disaster Agency (“ESDA”) and shall be sent by
first class mail. and delivered to:
Kankakee County Emergency Service Disaster Agency
470 East Merchant
Kankakee, Illinois 60901
Included with the check shall be a cover letter stating that the
check or money order is being tendered pursuant to a SEP in
settlement of this case and is a donation to be used as the ESDA
deems appropriate.
b. The name, case number, and the Respondent’s FEIN,
363818145
,
shall appear on the face of the certified check or
money order. A copy of the certified check or money order and
the transmittal letter shall be sent to:
15
Jennifer A. Tomas
Assistant Attorney General
Environmental Bureau
188 West Randolph Street, Suite 2001
Chicago, Illinois 60601
Charles W. Gunnarson
Assistant Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
4. Respondent shall complete SEP 1, parts a, b and,d ‘and
SEP 2 by October 31, 2004. Respondent shall submit all
applicable documentation necessary to construct Part c of SEP 1
by December 31, 2004. Part c of SEP 1 will be completed by March
31, 2005.
.
5. By signature on this Stipulation, Respondent certifies
that, as of the date of entry of this Stipulation, it is not
required to perform or develop the foregoing SEPs~,byany federal,
state or local law or regulation, nor is it required to perform
or develop the SEP5 by agreement or injunctive relief in any
other case.
6. In the event that the Respondent publicizes the SEP5,
or the results of the SEPs performed hereunder, in connection
with anyadvertisement of its business activities or any
statement concerning the SEPs in a news medium, Respondent shall
include or reference ‘the following statement: “This project was,
undertaken in connection with the settlement of an enforcement
action taken by the State of Illinois for alleged violations of
16
.the State’s environmental laws and the Illinois Pollution Control
Board’s regulations.” The term “news media” as used herein shall
have the meaning given to that term in Section 8-902(b) of the
Illinois Code of Civil Procedure, 735 ILCS 5/8-902 (b) (2004)
7. Respondent shall certify completion of the two (2)
above-referenced SEP5 by submitting a report to the Illinois E,PA
and the Attorney General within thirty (30) calendar days after
completion.
D. Correspondence
Any and all correspondence, reports and any other documents
required under this Consent Order, except for payments pursuant
to Section VIII.A and VIII.C of this Stipulation, shall be
submitted as follows:
As to the Complainant:.
Jennifer A. Tomas
Assistant Attorney General
Environmental Bureau
188 West Randolph Street, Suite 2001
Chicago, Illinois 60601
Charles W. Gunnarson
Assistant Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
As to the Respondent:
Heritage FS, Inc.
1381 S. Crescent
Gilman, Illinois 60938
With a copy to:
17
Thomas G. Safley
Hodge.Dwyer Zeman
3150 Roland Avenue
P.O. Box 5776
Springfield, Illinois 62705-5776
E. Future Use
Notwithstanding any other language in this Stipulation
Agreement to the contrary, this Stipulation may be asserted
against the Respondent in any subsequent enforcement action as
evidence of a past adjudication of violation of the Act and the
Board Regulations promulgated thereunder, for purposes of
Sections 39(i) and/or 42(h) of the Act, 415 ILCS 5/39(i) and/or
5/42(h) (2002)
F. Right of Entry
‘
In addition to any other authority, the Illinois EPA, its
employees and representatives, and the Attorney General, her
agents and representatives, shall have the right of entry into
and upon the Site which is the subject 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
collection information as they deem necessary.
G. Cease and Desist
Respondent shall cease and desist from future violations of
the Act and Board regulations at the Site, including but not
18
limited to those Sections of the Act and Board regulations that
were the subject matter of the Complaint, as outlined in Section
III.C of this Stipulation.
H. Release from Liability
In consideration of the Respondent’s payment of a $10,000.00
penalty, completion of the two (2) above-referenced SEPs and its
agreement to cease and desist from further violations of the Act
and Board regulations, Complainant releases, waives and
discharges the Respondent from further liability or penalties for
any violations of the Act and Board Regulations that were the
subject matter of the Complaint herein. The release set forth
above does not extend to any matters other than those expressly
specified in Complainant’s Complaint filed on June 23, 2004. The
Complainant reserves, and this Stipulation is without prejudice
to, all rights of the State of Illinois against the 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 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 Agreement.
19
Nothing in this Stipulation 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 Respond’ent.
I. Retention of Jurisdiction
The Board shall retain jurisdiction of thismatter for the
purpose of interpreting and enforcing the terms and conditions of
the Stipulation.
J. Enforcement of Stipulation
1. Upon the entry of this Stipulation, any party hereto,
upon motion, may reinstate these proceedings solely for the
purpose of enforcing the terms and conditions of this
Stipulation. This Stipulation is a binding and enforceable order
of the Board and may be enforced by the Illinois Circuit Court
through any and all available means.
2. Respondent agrees that notice of any subsequent
proceeding to enforce this Stipulation may be made by mail and
waives any requirement of service of process.
K. Extensions and Modifications
The parties may, by mutual written consent, extend any
compliance dates or modify the terms of this Stipulation without
20
leave of the Board. Any such agreed extension or modification
shall be in writing, signed by an authorized representative of
each party, filed with the Board and incorporated into this
Stipulation by reference.
WHEREFORE, the parties, by their representatives, enter into
this Stipulation and submit it to the Board that it may be
approved and entered.
AGREED:
FOR THE COMPLAINANT:
PEOPLE OF THE STATE OF ILLINOIS
by LISA MADIGAN,
Attorney General of the
State of Illinois
MATTHEW J. DUNN, Chief
ILLINOIS ENVIRONMENTAL
Environmental Enforcement/
PROTECTION AGENCY
Asbestos Litigation Division
~
:r~.o
___
Environmental ~
hief Legal Counsel
Assistant Attorney General
DATE: ~ 1
~
I ~
DATE:
0
V
FOR THE RESPONDENT:
HERITAGE FS, INC.
BY: _______________________
DATE
:___________________________
21
leave of the Board.’ Any such agreed extension or modification
shall be in writing, signed by an authorized representative of
each party, filed with the Board and incorporated into this
Stipulation by reference.
WHEREFORE, the parties, by their representatives, enter into
this Stipulation and submit it to the Board that it may be
approved and entered.
AGREED:
FOR THE COMPLAINANT:
PEOPLE OF THE STATE OF ILLINOIS
by LISA MADIGAN,
Attorney General of the
State of Illinois
MATTHEW J. DUNN, Chief
ILLINOIS ENVIRONMENTAL’
Environmental Enforcement/
PROTECTION AGENCY
Asbestos Litigation Division
BY: ______________________
_________________
ROSEMARIE CAZEAU, Chief
JOSEPH E. SVOBODA
Environmental Bureau
Chief Legal Counsel
Assistant Attorney General
DATE: _______________________ DATE:
FOR THE RESPONDENT:
HERITAGE FS, INC.
BY:_____
DATE:_________________
21
CERTIFICATE OF SERVICE
I, JENNIFER A. TOMAS, an Assistant Attorney General,
certify that on. the
26th
day of October 2004, I caused to be
served by First Class Mail the foregoing Stipulation and
Proposal for Settlement and Motion for Relief from Hearing
Requirement to the parties named on the attached Service List,
by depositing same in postage prepaid envelopes with the United
States Postal Service located at ‘100 West Randolph Street,
Chicago, Illinois 60601.
‘~.J~NIFER
.
TOMAS
