RECE~VED
CLERK’S OFFICE
DEC
13
2004
STATE OF ILLINOIS
PoHution Control Board
OFFICE OF THE A1TORNEY GENERAL
STATE OF ILLINOIS
Lisa Madigan
A’TORNEY
GENERAL
December
8,
2004
The Honorable Dorothy Gunn
Illinois
Pollution Control Board
James
R. Thompson
Center,
Ste.
11-500
100
West Randolph
Chicago,
Illinois 60601
Re:
People
v.
Safe
Lock Self Storage,
Inc.
PCB No.
05-52
Dear Clerk Gunn:
-
Enclosed forfiling please find the original and ten copies of a
NOTICE O.F FILING, MOTION
FOR LEAVETO FILE AMENDED COMPLAINT, AMENDED COMPLAINT,
MOTION FOR RELIEF
FROM
HEARING REQUIREMENT
and STIPULATION AND
PROPOSAL
FOR SETTLEMENT
in
regard
to
the above-captioned matter.
Please file the originals and return
file-stamped copies of
the documents to
our office in the enclosed
self-addressed,
stamped envelope.
Thank you-for your cooperation- and- consideration.
~
Delbert
D.
Haschemeyér
Environmental Bureau
500 South
Second Street
Springfield,
Illinois 62706
(217) 782-9031
DDH/pp
Enclosures
500 South
Second Street, Springfield, Illinois
62706
•
(217)
782-1090
•
I’TY:
(217) 785-2771
•
Fax:
(217) 782-7046
100
\Vest
Randolph Street, Chicago,
Illinois
60601
•
(312)
814-3000
•
1”Y:
(312)
814-3374
•
F~ix:(312) 814-3806
1001
East
~Iain,
Carhondale, Illinots
62901
•
(618)
529—6401)
•
‘l’l’Y:
(61$)
~29-6403
•
Fax:
(61$) 529—6416
RECEIVED
CLERK’S
OFFICE
BEFORE
THE ILLINOIS POLLUTION
CONTROL BOARD
DEC
13
2004
PEOPLE OFTHE STATE
OF
)
STATEOFILUNOIS
ILLINOIS,
)
Pollution Control Board
Complainant,
vs.
)
PCB
NO. 05-52
(ENFORCEMENT)
SAFE
LOCK STORAGE 2,
LLC,
a Missouri
corporation,
)
Respondent.
NOTICE OF FILING
To:
Safe Lock
Storage
2,
LLC
do Jeff Parrish
801
Midpoint
Drive
O’Fallon,
MO 63366
PLEASE TAKE
NOTICE
that on this date
I
mailed for filing with
the Clerk of the Pollution
Control Board of the State of
Illinois, a
MOTION
FOR’LEAVE TO
FILE AMENDED COMPLAINT,
AMENDED
COMPLAINT,
MOTION
FOR
RELIEF
FROM
HEARING
REQUIREMENT
and
STIPULATION AND
PROPOSAL
FOR SETTLEMENT,
a
copy of which
is
attached
hereto
and
r
herewith served
upon you.
Respectfully submitted,
-
PEOPLE OF THE
STATE OF ILLINOIS
LISA
MAD IGAN,
Attorney General
of the
State of
Illinois
MATTHEW
J.
DUNN, Chief
Environmental Enforcement/Asbestos
LWg~
DELBERT D.
H
SCHEMEYER
Assistant Attorney General
Environmental Bureau
500 South
Second Street
Springfield,
Illinois 62706
217/782-9031
Dated:
/
~/
~‘
a,c~
1
RECEIVED
CLERK’S OFFICE
DEC
13
2004
CERTIFICATE OF SERVICE
STATE OF ILLINOIS
PolIut~on
Control Board
I
hereby certify that
I
did on
December 9,2004,
send by
First Class
Mail, with postage
thereon fully
prepaid,
by depositing in
a
United States
Post Office Box a true and
correct copy
of the following
instruments
entitled
NOTICE
OF FILING,
MOTION
FOR
LEAVE TO FILE
AMENDED
COMPLAINT,
AMENDED COMPLAINT,
MOTION
FOR RELIEF
FROM
HEARING
REQUIREMENT and
STIPULATION AND
PROPOSAL
FOR SETTLEMENT:
To:
Safe Lock Storage
2,
LLC
c/o Jeff Parrish
801
Midpoint Drive
O’FaIlon,
MO
63366
and the original
and ten copies by First Class Mail with
postage thereon fully
prepaid of the
same foregoing
instrument(s):
To:
Dorothy Gunn, Clerk
Illinois
Pollution Control
Board
James
R. Thompson Center
Suite
11-500
100 West
Randolph
Chicago,
Illinois 60601
A copy was
also sent
by First Class
Mail with postage thereon fully prepaid
To:
Carol Webb
Hearing
Office.r
.
Pollution
Control
Board
1021
N.
Grand Avenue East
Springfield,
IL 62704
Assistant Attorney General
This filing is submitted on recycled
paper
RECE~VED
CLERK’S OFFICE
BEFORE THE
ILLINOIS POLLUTION
CONTROL BOAREbEC
132094
PEOPLEOFTHESTATEOF
.
)
STATE OF ILLINOIS
ILLINOIS,
.
)
Pollution Control Board
Complainant,
vs.
)
PCB NO. 05-52
)
(ENFORCEMENT)
SAFE
LOCK STORAGE 2,
LLC,
)
a
Missouri
corporation,
)
Respondent.
MOTION
FOR LEAVE TO
FILE AMENDED COMPLAINT
Now comes
the Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA MADIGAN,
Attorney
General
of
the
State
of
Illinois,
and
respectfully
requests
leave
to
file
the
attached
Amended Complaint,
and
in
support thereof states:
1.
That the Respondent has informed the Complainant that the Complaint filed herein
and the Stipulation and Proposal for Settlement incorrectly identifies the Respondent as “Safe Lock
Storage,
Inc.”
2.
Respondent informs the Complainant that the correct name of the company which
owns and operates thefacility located at 2215 Lebanon Avenue, Shiloh,
Illinois, which is the subject
oftheComplaintfiled
herein; is Safe Lock Storage
2,
LLC.
3.
That
the
Complainant
and
Respondent are
filing concurrently with
this
motion
a
Stipulation and Proposal for Settlement in which the identity of the Respondent h-as been changed
to
correctly identify the company owning
and
operating the subject facility.
1
WHEREFORE,
Complainant respectfully requests the Board
grant Complainant leave to
file and deem
as filed the attached
Complaint correctly identifying
the Respondent.
Respectfully submitted,
PEOPLE
OF THE
STATE OF ILLINOIS
LISA MAD IGAN
Attorney General of the
State of Illinois,
MATTHEW J.
DUNN, Chief
Environmental Enforcement/Asbestos
tion Division.
BY:_____
DELBERT D.
HASCHEMEYER
Environmental Bureau
Assistant Attorney General
500
South
Second Street
Springfield,
Illinois 62706
217/782-9031
/
Dated:___________
2
BEFORE THE ILLINOIS POLLUTION
CONTROL BOARD
DEC
132004
STATE OF ILLINOIS
PEOPLE OF THE STATE OF
)
Pollution Control Board
ILLINOIS,
Complainant,
vs.
)
PCB NO.
05-52
)
(ENFORCEMENT)
SAFE LOCK STORAGE 2,
LLC,
)
a Missouri
corporation,
)
Respondent.
AMENDED COMPLAINT
Complainant,
PEOPLE
OF
THE
STATE
OF
ILLINOIS,
by
LISA
MADIGAN,
Attorney
General
of
the
State
of
Illinois,
complains
of
Respondent,
SAFE
LOCK
STORAGE
2,
LLC,
a
Missouri corporation,
as follows:
1.
This
Complaint is brought by the Attorney General
on
her own motion
and
at the
request of the Illinois Environmental Protection Agency (“Illinois EPA”), pursuant to the terms and
provisions of Section
31
of the Illinois Environmental Protection Act (“Act”), 415 ILCS
5/31
(2002).
2.
The Illinois
EPA is an agency of the State of Illinois created
by the Illinois
General
Assembly
in
Section
4 of
the Act, 415
ILCS 5/4 (2002),
and
charged,
inter
a/ia,
with
the duty of
enforcing the Act in
proceedings before the
Illinois
Pollution
Control
Board
(“Board”).
-
-
3.
The Respondent,
SAFE
LOCK STORAGE
2,
LLC
(hereinafter “Safe
Lock”),
is
a
Missouri corporation
in
good
standing
with the
Missouri Secretary
of
State.
The
President and
Registered
Agent is Jeff Parrish
of O’Fallon,
Missouri.
4.
Respondent, Safe Lock, is constructing a rental storage facility on a 4.62 acre tract
located
at 2215 Lebanon Avenue,
Shiloh,
St. Clair County,
Illinois.
1
5.
Section
12(f) of the Act, 415 ILCS 5/12(f) (2002), provides the following prohibition:
No person
shall:
***
f.
cause, threaten
or allow the discharge
of any contaminant into the
waters
of the State,
as defined herein, including
but not limited
to,
waters
to
any
sewage
works,
or
into
any
well or from
any
point
source
within the State,
without an
NPDES
permit to
point source
discharges issued by the Agency under Section
39(b) of this Act, or
in
violation
of
any term
or condition
imposed
by
such
permit, or
in
violation of any NPDES permit filing requirement established under
Section 39(b), or in violation of any regulations adopted by the Board
or of any
order
adopted
by
the
board with
respect
to
the
NPDES
program.
6.
Section
309.102(a)
of the Pollution
Control
Board
water
regulations,
35
III. Adm.
Code 309.102(a),
provides:
Section
309.102
NPDES
Permit Required
(a)
Except
as
in
compliance with
the
provisions
of
the
Act,
Board
regulations, and the CWA,
and the provisions
and conditions of the
NPDES
permit
issued
to
the
discharger,
the
discharge
of
any
contaminant or pollutant by any person into the waters of the State
from a point
source or into a well shall
be
unlawful.
7.
Section 301.204 of the Pollution Control Board water regulations, 35
III. Adm. Code
301.204, provides:
“CWA” means the Federal Water Pollution Control Act, as amended.
(33 U.S.C.
1251,
et seq.
Public Law 92-500 enacted by Congress October
18,
1972,
as
amended
by
the
“Clean
Water
Act.”
Public
Law
95-217,
enacted
December
12,
1977,
as amended.)
8.
Pursuant
to
Section
402
of
the
Clean
Water Act,
33
U.S.C.
1342,
the
USEPA
Administrator
has
promulgated
rules
requiring
an
NPDES
permit
for
storm
water
discharges
associated
with
small
construction
activity,
that
being
construction
activities
that
result
in
land
disturbance
equal
to
or greater than
one
acre
and
less
than five acres
in
size.
See,
40
C.F.R.
Sections
122.1,
122.2 and
122.26(b)(15).
2
9.
Commencing on some date prior to June 26, 2003, and continuing
until August 11,
2003, Respondent developed and constructed the aforesaid storage facility without first obtaining
an NPDES permit,
in violation of Section 309.lO2of the Board’swaterpollution regulations,
35111.
Adm. Code 309.102 and
Section
12(f) of the Act, 415
ILCS 5/12(f) (2002).
PRAYER FOR RELIEF
WHEREFORE, the
Complainant,
PEOPLE
OF
tHE
STATE
OF
ILLINOIS,
respectfully
request that the
Board enter an order against the Respondent,
SAFE
LOCK STORAGE
2,
LLC,
as follows:
A.
Authorizing
a hearing
in this matter
at which time the
Respondent will
be required
to
answer the allegations
herein;
B.
Finding that
Respondent has violated the Act
and regulations as
alleged
herein;
C.
Ordering Respondent to cease and desist from any further violations of the Act and
associated
regulations;
D.
Assessing against Respondent a civil penalty of fifty thousand dollars ($50,000) for
each violation of the Act, and an additional
penalty of ten thousand dollars
($10,000) for each day
during
which each violation
has continued
thereafter;
3
E.
Awarding to
Complainant
its costs
and
reasonable attorney’s fees; and
F.
Granting
such other relief as
the
Board
may deem
appropriate.
PEOPLE OF THE STATE
OF ILLINOIS
LISA MADIGAN
Attorney General of the
State of Illinois,
MATTHEW
J.
DUNN, Chief
Environmental Enforcement/Asbestos
Litigation
Division
BY:___________________
THOMAS
DAVIS,
Chief
Environmental
Bureau.
Assistant Attorney General
Of Counsel
DELBERT D.
HASCHEMEYER
Assistant Attorney General
500
South Second Street
Springfield,
Illinois
62706
217/782-9031
Dated:
/
2/O~/0
~
4
cED
BEFORE THE
ILLINOIS POLLUTION
CONTROL BOARD
nt-is
U~
132004
STATE OF ILLINOIS
PEOPLE OF THE STATE OF ILLINOIS,
)
Pollution Control Board
Complainant,
vs.
)
PCB NO.
05-52
(ENFORCEMENT)
SAFE
LOCK STORAGE 2,
LLC,
a Missouri
corporation,
Respondent.
MOTION
FOR
RELIEF FROM HEARING
REQUIREMENT
NOW
COMES Complainant,
PEOPLE
OF THE STATE OF ILLINOIS,
by LISA
MADIGAN,
Attorney General of the State of
Illinois, and
pursuant to
Section 31 (c)(2) of the
Illinois
Environmental
Protection Act (“Act”), 415
ILCS 5/31(c)(2)
(2002),
moves that the
Illinois
Pollution
Control
Board grant the
parties
in the above-captioned matter relief from the hearing
-
requirement imposed
by Section
31 (c)(1) of the Act, 415
ILCS
5/31 (c)(1)
(2002).
In
support of
this
motion,
Complainant states as follows:
1.
The parties
have
reached
an agreement on all
outstanding
issues
in this matter.
2.
This agreement is presented to
the Board
in a Stipulation
and Proposal
for
..
-
Settlement, filed
contemporaneously with
this
motion.
3.
All
parties agree that a
hearing
on
the Stipulation and
Proposal for Settlement
is
not necessary,
and
respectfully request relief from such a
hearing
as allowed
by
Section
31(c)(2) of the Act,
415
ILCS 5/31(c)(2)
(2002).
1
WHEREFORE, Complainant,
PEOPLE OF THE
STATE
OF ILLINOIS,
hereby requests
that the
Board
grant this motion for relief from the hearing
requirement set forth in
Section
31(c)(1) of the Act, 415
ILCS
5/31(c)(1) (2002).
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA
MADIGAN
ATTORNEY GENERAL
MATTHEW
J.
DUNN, Chief
Environmental Enforcement/Asbestos
BY:__
DELBERT D.
HASCHEMEYE
Environmental Bureau
Assistant Attorney General
500
South
Second Street
Springfield,
Illinois 62706
217/782-9031
i
Dated:
/‘i/
1/
~
r
2
RECEIVED
LEAKS OFFICE
BEFORE
THE ILLINOIS POLLUTION
CONTROL BOARD
DEC
132004
STATE OF ILLINOIS
P~II~tiø~
Control Board
PEOPLE OF THE STATE OF ILLINOIS,
)
Complainant,
vs.
)
PCB No.
05-52
~
LLL..
(Enforcement)
SAFELOCKSEhFSTORAGE,4N~-.,
~f°
a
Missouri corporation,
)
Respondent.
STIPULATION AND
PROPOSAL
FOR SETTLEMENT
Complainant,
PEOPLE
OF THE
STATE
OF ILLINOIS,
by LISA
M.
MADIGAN,
Attorney
General of the State oflllinois,
the
Illinois Environmental
Protection Agency
(“Illinois
EPA”),
and
___
LL~C~’
Respondent,
SAFE
LOCK
SEtS
STORAGETN.G.~, a
Mi~&ouricorporation,
have
agreed
to
the
making of this Stipulation and
Proposal for Settlement 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 hearing were held.
The parties furtherstipulate that this statement of facts is
made and agreed
upomfox.
purposes
of
settl~ment..QnJyand
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.
JURISDICTION
The Board has jurisdiction of 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.
AUTHORIZATI ON
The undersigned representatives for each party certify that they are fully authorized by the
party whom they represent to enter into the terms.and conditions of this Stipulation and to legally
bind them
to
it.
III.
STATEMENTOF FACTS
A.
Parties
1.
On
September 15,
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 42(d) and (e) of the Act, 415 ILCS 5/42(d)
and
(e)(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).
3.
At
all times relevant to the Complaint, Respondent was
and is a Missouri corporation
that
is
in good standing with
the Missouri Secretary of State.
B.
Site Description
1.
At all times relevant to the Complaint, Respondent was in the process
of constructing
a rental storage facility on a 4.62 acre tract of land located at 2215
Lebanon Avenue, Shiloh, Illinois
(the “site”).
2
C.
Allegations of
Non-Compliance
Complainant contends that the Respondent has violated the following provisions of the Act
and
Board
Regulations:
Count
I:
Respondent
developed
and
constructed
a storage
facility
without first
obtaining an
NPDES
permit,
in
violation
of Section 12(f) of the Act, 415
ILCS 5/12(f)
(2002), and
35
Ill.
Adm.
Code 309.102.
0.
Admission of Violations
The Respondent admits to the violation(s) alleged in the Complaint filed
in this matter
and
referenced
herein.
-
IV.
APPLICABILITY
This Stipulation shall apply to and
be binding upon the Complainant and the Respondent,
and
any
officer
or
agent
of
the
Respondent,
as
well
as
eny
successors
or
assigns
of
the
Respondent.
The
Respondent
shall
not
raise
as
a
defense
to
any
enforcement
action
taken
pursuant to
this Stipulation the failure of any of
its officers
or agents
to take such
action
as
shall
be
required to
comply with the provisions of this Stipulation.
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
III. Adm.
Code,
Subtitles A through
H.
3
VI.
IMPACT ON
THE PUBLIC RESULTING
FROM ALLEGED NON-COMPLIANCE
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 the following:
1.
The environment was threatened
by silt laden runoff from the site.
2.
There
is social and
economic benefit to the facility.
3.
Operation of the facility was
suitable for the area in
which
it occurred.
4.
Obtaining
a permit prior to construction at the site and
compliance with
its terms
is
both technically practicable
and economically reasonable.
5.
Respondent has subsequently
complied with the Act and
the
Board
Regulations.
VII.
CONSIDERATION OF SECTION
42(h) FACTORS
Section 42(h)
of the Act, 415
ILCS 5/42(h)(2002),
provides
as follows:
4
In
determining
the
appropriate civil
penalty
to
be
imposed
under
.
.
.
this
Section,
the
Board
is
authorized
to
consider
any
matters
of
record
in
mitigation oraggravation of penalty, including but not limited to the following
faötors:
1.
the duration and gravity of the violation;
2.
the presence
or absence
of due diligence
on the part of the violator
in attempting
to comply with requirements of 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
5.
the number,
proximity in time, and
gravity of previously adjudicated
violations of this Act by the violator.
6.
whetherthe 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 underthis Act, but which the respondent
is not otherwise legally
required to
perform.
In
response to
these factors,
the parties state as follows:
1.
.
The
Respondent failed
to
obtain
an
NPDES permit for construction
site activities
prior to beginning construction activities
at the site, and violated provisions of its permit once such
coverage was
obtained.
The violations
began
on or before
June
23,
2003,
and
continued for a
shorttime thereafter.
Respondent was issued
an NPDES storm water permit on August 11, 2003.
2.
Respondent was diligent
in
attempting
to come back into
compliance with
the Act,
Board
Regulations
and
applicable
Federal
regulations,
once
the
Illinois
EPA
notified
it
of
its
noncompliance.
5
3.
There
was a likely
economic benefit Respondent realized from
its noncompliance
although the benefit is unquantifiable at
this-time.
4.
Complainant
has
determined that a penalty of One Thousand
Dollars
($1,000.00)
will
serve to deter further violations and aid
in future voluntary compliance with the Act and
Board
regulations.
5.
To Complainant’s knowledge, Respondent has no previously adjudicated violations
of the Act.
6.
Self-disclosure
is not an issue
in this case;
7.
The settlementof this matter does not include a supplemental environmental project.
VIII.
TERMS
OF SETTLEMENT
A.
Penalty Payment
1.
The
Respondent
shall
pay
a
penalty
in
the
sum
of
One
Thousand
Dollars
($1,000.00) within thirty
(30) days
after the date
the
Board
adopts
and accepts
this Agreement.
The penaltydescribed
in this Agreementshall be paid by certified check payable to the
Illinois EPA,
designated
to the Illinois
Environmental Protection Trust
Fund and
submitted to:
IIIiñö~
EhV~On~ëhtaI P~otedionAgency
Fiscal Services Section
1021
North
Grand Avenue East
P.O.
Box
19276
Springfield,
IL 62794-9276
The
name
and
number of the
case
and
Respondent’s
Federal
Employer Identification Number
(FEIN),
3
~
‘~
‘~
!~
I
,
shall appear on the check.
A copy
of the certified
check or money
order and
the transmittal
letter shall be
sent to:
6
Ilinois Attorney General’s Office
Attn: Peggy Poitevint
Environmental Bureau
500
South
Second Street
Springfield,
Illinois
62702
2.
Pursuant to Section 42(g) of the Act, 415 ILCS 5/42(g) (2002), interest shall accrue
on
any payment not
paid within the time period
prescribed above
at the maximum rate allowable
under Section
1003(a)
of the
Illinois
Income
Tax Act,
35
ILCS
5/1 003
(2002).
Interest
on
any
unpaid
payment shall begin to accrue from the date the payment is due and continue to accrue
until
the date
payment is received.
When
partial payment(s) are
made,
such
partial payment shall be
first applied to
any interest on unpaid payment then due and owing.
All interest on payment owed
shall
be
paid
by certified
check or money order,
payable
to
the Treasurer of the State
of Illinois,
designated
to the Environmental
Protection Trust Fund
and
delivered to
the address
and
in the
manner described above.
3.
Upon Respondent’s failure to pay any installment
of the penalty when due, the
entire balance of the penalty remaining unpaid shallwithout notice be and become immediately
due and
payable.
4.
For
purposes
of
payment
and
collection,
Respondent
may
be
reached
at
the
following
address:
...
-
..
Safe LockS
+Stomage,4~e
4~’
c/o Jeff Parrish
1~~
~
801
Midpoint
Drive
O’FalIon, MO 63366
5.
In
the
event
of
default,
the
Complainant
shall
be
entitled
to
all
available
relief
including, but not limited to,
reasonable costs of collection
and reasonable attorney’s
fees.
B.
Future
Use
Notwithstanding any other language in this Stipulation to the contrary, this Stipulation
may
be
used
against
the
Respondent in
any
subsequent enforcement
action
as evidence
of a past
7
adjudication
of
violation
of
the
Act
and
the
Board
Regulations
promulgated
thereunder,
for
purposes of Section
39(i) and/or 42(h) of the Act, 415 ILCS 5/39(i) and/or 5/42(h)(2002).
C.
Correspondence, Reports and
Other Documents
Any
and
all
correspondence,
reports
and
any
other
documents
required
under
this
Stipulation,
except for payments
pursuant to Section
IX. of this Stipulation,
shall
be
submitted
as
follows:
As to
the Complainant
Delbert D.
Haschemeyer
Assistant Attorney General
Environmental Bureau
500
South
Second Street
Springfield,
Illinois
62702
Joey
Logan-Wilkey
Assistant Counsel
Illinois Environmental Protection Agency
1021
North
Grand Avenue East
P.O.
Box 19276
Springfield,
Illinois 62794-9276
As to
the Respondent
Safe Lock ~&f
Storage,4r’tc.
-
-
-,
c/o Jeff Parrish
801
Midpoint Drive
O’Fallon,
MO
63366
D.
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
Respondent’s
facility 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
8
employees and representatives, arid the Attorney General, her employees and representatives may
take photographs,
samples,
and collect
information, as they deem necessary.
E.
Cease and Desist
The
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
111.0. of this Stipulation.
F.
Release from Liability
In
consideration
of
the
Respondent’s
payment
of
the
$1 ,000.00
penalty,
upon
the
completion of all activities
required hereunder, and upon the Pollution
Control Board’s acceptance
and
approval
of
the
terms
of
this
Stipulation
and
Proposal
for
Settlement,
the
Complainant
releases, waives and discharges the Respondent from any further liability or penalties for 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
September
15,
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.
ri~inaILiability;
h.
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.
Nothing
in
this Stipulation
is intended
as
a waiver,
discharge,
release, or covenant not to
sue for any claim or cause of action, administrative orjudicial, civil or criminal, past or future,
in law
9
or in equity, which the State of Illinois or the
Illinois
EPA may have against any person, as defined
by Section
3.26
of the Act, 415
ILCS 5/3.26, or entity other than the Respondent.
G.
Enforcement of Stipulation
1.
Upon the entry of the Board’s Order approving and
accepting this Stipulation and
Proposal
for
Settlement,
that
Order
is
a
binding
and
enforceable order
of the
Illinois
Pollution
Control
Board and
may
be enforced as such
through any and
all available
means.
2.
Respondent agrees that notice of any subsequent proceeding to enforce and Board
Orderapproving
and accepting this Stipulation and Proposal for Settlement may be
made by mail
and waives any requirement of service of process.
3.
The parties agree that, if the Board does not approve and accept this Stipulation and
Proposal
for Settlement, then neither party is bound
by the terms
herein.
4.
It
is
the
intent
of
the
Complainant
and
Respondent
that
the
provisions
of
this
Stipulation and
Proposal for Settlement and any Board Order accepting and approving such shall
be severable,
and
should
any provision
be declared
by a court of competent jurisdiction to
be
F
inconsistent with
state
or federal
law,
and
therefore
unenforceable, the remaining
clauses shall
remain
in full force and
effect.
10
-
WHEREFORE;Co~np1ainant
an&Respondentr~q
ue~tthàIthe
Board adopt and accept the
foregoing Stipulation
and
Proposal for Settlement as written.
PEOPLE OFTHE STATE OF ILLINOIS,
LISA MADIGAN
Attorney General
State of Illinois
MATTHEW J.
DUNN,
Chief
Environmental Enforcement/
Asbestos Litigation
Division
THOMAS
DAVIS, Chief
Environmental
Bureau
Assistant Attorney General•
DATE:________
SAFE
LOCK ~~(STORAGE,
~1s#~
a
Missouri corporation
BY:
Name:____________
Title:
______
7—LL-C
DATE:______
DATE:_//_3~oV
BY:
PROTECTIONAGENCY
11
