Complainant,

OFFICE

OF THE ATTORNEY GENERAL

STATE OF ILLINOIS

The Honorable

Dorothy Gunn

Illinois

Pollution

Control Board

James

Thompson

Center,

Ste.

11-500

100

West Randolph

Chicago,

Illinois 60601

Re:

People

Ralph Stone, Mayor of the

Village of Gorham

Dear Clerk Gunn:

CLERK’S

OFFICE

DEC

2004

STATE OF

ILLINOIS

POIIUflO~Control

Board

December 20,

2004

,tc~

Enclosed forfiling please find the original and ten copies of aNOT.!.CE OF FILING, 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.

Very truly yours,

—~.‘

—.-~,

Lc----’

‘Kristen

Laughridge

Environmental

Bureau

500 South

Second Street

Springfield,

Illinois

62706

(217) 782-9031

KL/pp

Enclosures

500 South

Second Street, Springfield, Illinois

62706

•

(217) 782-1090

•

‘TV:

(217)

785-2771

•

Fax:

(217) 782-7046

100

West

Randolph Street.

Chicago,

Illinois

60601

•

(312)

814-3000

•

TTY: (312)

814-3374

•

Fax: (312)

814-3806

1001

East Main, Carhondale,

Illinois

62901

•

(618) 529-6400

•

TTY: (ô18( 529-6403

•

Fax:

(618)

529-6416

Lisa Madigan

ATTORNEY GENERAL

BEFORE THE

ILLINOIS POLLUTION CONTROL

BOARD

CLERK’s OFFICE

PEOPLE OF THE STATE

)

ILLINOIS,

)

STAJE OF ILLINOIS

)

PoIIut~onControl

Board

Complainant,

“c-I

PCB

No.

)

(Enforcement)

RALPH STONE,

Mayor of the Village

)

of Gorham,

Respondent.

NOTICE

OF FILING

To:

Ralph

Stone, Mayor

Village of Gorham

404 North

Adams

St.

Gorham,

IL 62940

PLEASE TAKE

NOTICE that on this

date

mailed for filing with the Clerk of the Pollution

Control Board of the State of Illinois,

a MOTION

FOR RELIEF FROM HEARING REQUIREMENT

and STIPULATION AND PROPOSAL FOR SETTLEMENT, a copy of which is attached

hereto and

herewith

served

upon you.

Respectfully submitted,

PEOPLE OF THE

STATE

OF ILLINOIS

LISA MADIGAN,

Attorney General of the

State of Illinois

MATTHEW

DUNN, Chief

Environmental

Enforcement/Asbestos

Litigation

Division

‘-.

BY:

~--

~-~‘-

KRISTEN

LAUGH-RIDGE

‘

‘Assistant Attorney General

—‘j

Environmental Bureau

500

South Second Street

Springfield,

Illinois 62706

21 7/782-9031

Dated:

December 20, 2004

CERTIFICATE OF SERVICE

hereby certify that

I did on

December 20, 2004,

send

by First Class Mail,

with

postage

thereon

fully

prepaid,

by depositing

a United

States

Post Office

Box a true

and correct copy

of the following instruments entitled NOTICE

OF FILING,

MOTION

FOR RELIEF

FROM

HEARING

REQUIREMENT and

STIPULATION AND

PROPOSAL FOR SETTLEMENT:

To:

Ralph Stone,

Mayor

Village of

Gorham

404 North

Adams

St.

Gorham,

IL 62940

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

Officer

Pollution Control

Board

2021

North

Grand

Avenue East

Springfield,

IL 62794

“Kristen

Laug-h~idge

~—“

“

Assistant Attorney G~neral

This filing is submitted

recycled paper.

BEFORE THE

ILLINOIS POLLUTION

CONTROL ~

DEC

232004

PEOPLE OF THE STATE OF ILLINOIS,

STATE OF ILLiNOIS

Complainant,

)

PolIut~on

Control Board

)

PCB NO.

05-78

)

(Enforcement)

RALPH

STONE, Mayor of the Village

)

of Gorham,

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

3-1 (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

Section

31(c)(1) of the Act,

415

ILCS 5/31(c)(1)

(2002)~In

support of

this motion,

Complainant states

as follows:

November

2004,

Complainant filed

Complaint with

the Board, alleging

violations

by the Respondent of the

Illinois

Environmental

Protection Act and

Federal

Regulations.

The parties

have reached

agreement on all outstanding

issues

in this

matter.

This agreement

is presented to the

Board

in a

Stipulation and

Proposal for

Settlement,

filed

contemporaneously with

this motion.

All parties

agree that a

hearing on the Stipulation and

Proposal for Settlement

not necessary,

and

respectfully request relief from such

a hearing

allowed

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 MAD IGAN

ATTORNEY GENERAL

MATTHEW J.

DUNN, Chief

Environmental

Enforcement/Asbestos

I4tig~tionDi~/isioo-/’

KRlSTE~J,YAUGHR,~SEJ.—-

EnvIronmental Bu~u

Assistant Attorney General

500

South Second Street

Springfield,

Illinois 62706

21 7/782-9031

Dated:

December 20, 2004

CLERK’S

OFrICE

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

~2u04

PEOPLE OF THE STATE OF ILLINOIS,

)

STATE OF

ILLINOIS

)

Pollution Control

Board

Complainant,

)

PCB

05-78

v.

(Enforcement)

RALPH STONE,

Respondent.

STIPULATION A~D

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 RALPH STONE

(“Respondent”),

 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 hearing 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

1

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 Board Order and not to contest their

validity in any subsequent proceeding to implement or enforce

their terms.

I.

 JURISDICTION

The Board has jurisdiction

 of the subject matter herein and

of the parties consenting hereto pur~uant to the Illinois

Environmental Protection Act

 (“Act”)

 415 ILCS 5/1

 et seq.

(2002)

II.

 AUTHORIZATION

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.

 STATEMENT OF FACTS

A.

 Parties

1.

 On November

3,

 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

2

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)

3.

 Respondent

 is a “person”

 as defined in Section 3.26 of

the Act,

 415 ILCS 5/3.26

 (2002).

B.

 Site Description and History

In May 2003,

 the Village of Gorham received and Order from

the Jackson County Court authorizing it to demolish the dangerous

and unsafe building at the Corner of Washington and Walnut Street

 in Gorham,

 Jackson County,

 Illinois,

 also called the Gorham High

School.

 In May 2003,

 the Jackson County Health Department

informed Respondent that asbestos -is likely present

 in the Gorham

High School and that prior to a demolition

 a Notice of Demolition

mUst

 be fIled withthC

 Illinois EPA and all asbestos must be

identified

 and removed by a licensed asbestos abatement

contractor.

 In August

 2003,

 Respondent partially demolished

a

portion of the Gorham High School.

 In August

 2003,

 Illinois EPA

a-nd Jackson County Health Department inspected the Gorham High

School and observed dry friable insulation mixed in debris piles

beside the school and hanging from a roof rafter.

 Illinois EPA

collected samples of suspect thermal insulation from demolition

3

waste from Gorham High School,

 and analytical testing showed that

the insulation had asbestos present

 in concentrations ranging

from 65

to

75.

 Upon direction of Illinois EPA,

 Respondent

ceased demolition and removal activities.

C.

 Allegations of Non-Compliance

Complainant contends that the Respondent has violated the

following provisions of the Act and Federal Regulations:

Count

I:

 Failure to conduct a thorough investigation and

 file a notice of demolition activities,

in

violation of Section 9.1(d) (1)

 of the Act, 415 ILCS

5/9.1(d) (1) (2002)

 and 40 C.F.R.

 § 61.145(b) (1-).

Count

II:

 Caused,

 threatened or allowed the discharge of

contaminants,

 in violation of Sections

 9(a)

and

9.1(d)(1)

 of the Act

 41.5 ILCS 5/9(a)

 and 9.1(d)(l),

40 C.F.R.

 § 61.145(c) (8),

 40 C.F.R.

 § 61.145(c) (9),

40 C.F.R.

§

 61.150(b)

D.

 Admission of Violations

The Respondent represents that it has entered inLo this

Stipulation for the purpose of settling and compromising disputed

claims without having to incur the expense of contested

litigation.

 By entering into this Stipulation and complying with

its terms,

 the Respondent does not affirmatively admit the

allegations of violation within the Complaint,

 and this

Stipulation shall not be interpreted as including such admission.

4

IV.

 APPLICABILITY

This Stipulation 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 not raise as a

defense to any enforcement action taken pursuant to this

Stipulation the failure of any of its officers,

 directors,

agents,

 employees or successors or assigns 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

 Ill.

 Adm.

 Code,

 Subtitles A through

H.

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,

5

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.

 Human health and the environment were threatened by the

Respondent’s violations.

2.

 There no are social and economic benefits as to school.

3.

 The school

 is unsuitable for the area in which

 it is

located.

4.

 Complying with Federal standards --for-asbestos-- removal

and building demolition are both technically practicable and

economically reasonable.

5.

 The Respondent has subsequently been in compliance.

VII. CONSIDERATION OF SECTION 42(h)

 FACTORS

Section 42 (h)

 of the Act,

 415 ILCS 5/42 (h) (2002)

 provides

as follows:

6

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

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 Chall 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 as follows:

7

1.

 The Respondent partially demolished the Gorham High

School that contained asbestos material without conducting a

 thorough investigation and removal of asbestos containing~

material or filing a notice of demolition with the Illinois EPA.

These violations are of a serious nature because they caused or

allowed the discharge of contaminants into the air.

2.

 Respondent was diligent in achieving compliance with

the Act and Board regulations.

3.

 No economic benefit was accrued.

4.

 Complainant has determined, based upon the specific

facts

 of this matter that a penalty of five hundred dollars

($500.00)

 will serve to deter further violations and aid

in.

future voluntary, compliance with the,Act and Board regulations.

5.

 Respondent has no prior adjudicated violations

 of the

Act and Board regulations.

6.

 Self-disclosure

 is not at issue

 in this matter

7.

 The settlement’ of’this matter does not-include a

supplemental environmental project

 (SEP)

VIII.

 TERMS OF SETTLEMENT

A.

 Penalty Payment

1.

 The Respondent shall pay a civil penalty in the sum of

five hundred dollars

 ($500.00)

 within thirty

 (30)

 days from the

date the Board adopts and accepts this Stipulation.

 The penalty

described in this Stipulation shall be paid by certified check,

money order or electronic

 funds transfer payable to the Illinois

EPA,

 designated to the Illinois Environmental Protection Trust

Fund and submitted to:

Illinois Envii~onmentalProtection Agency

Fiscal Services Section

 1021 North Grand Avenue East

P.O.

 Box. 19276

 Springfield,

 IL 62794-9276

A copy of the certified check, money order or record of

electronic funds transfer and any transmittal letter shall be

sent to:

Kristen Laughridge

Environmental Bureau

Attorney General’s Office

500

 South Second Street

Springfield,

 Illinois

 62706-

William Ingersoll

Illinois Environmental Protection Agency

1021 North Grand Avenue East

P.O. Box 19276

Springfield,

 Illinois 62794-9276

2.

 Pursuant to Section 42(g)

 of the Act,

415

 ILCS 5/42(g)

(2002)

 interest shall accrue on ahy 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 5/1003

(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.

3.

 For purposes of pa~ent and collection,

 Respondent may.

 b~reached at the following address:

Mayor Ralph Stone

Village of Gorham

404 N. Adams

Gorham,

IL

62940

4.

 In the event of default of Section VIII.A,

the

Complainant shall be entitled to all available relief including,

but not limited to,

 reasonable

 costs of collection and reasonable

attorney’s fees.

B.

 Compliance Plan

There are no compliance issues for this case.

C.

 Future Use

Notwithstanding

 any, other language in this Stipulation to

the contrary, and in consideration of the mutual promises and

conditions

 contained in this Stipulation,

 including the Release

from

 Liability contained in Section VIII.E,

 below,

 the Respondent

hereby agrees that this Stipulation may be used against the

Respondent

 in any subsequent enforcement action or permit

proceeding

 as proof of a past adjudication of violation of the

Act and the Board Regulations promulgated thereunder for all

violations alleged in the Complaint,in this matter,

 for purposes

of Section 39(a)

and

(i)

 and/or 42(h)

 of the Act,

415

 ILCS’

5/39(a)

 and(i)

 and/or 5/42(h) (2002).

 Further, Respondent agrees

10

to waive any rights to contest,

 in any subsequent enforcement

action or permit proceeding,

 any allegations that these alleged

violations were adjudicated’.

D.

 Cease and Desist

The Respondent shall cease and desist from future violations

of the Act and Board Regulations’that were the subject matter of

the Complaint as outlined in Section III.C

 (“Allegations of Non-

Compliance”)

 of this Stipulation.

E.

 Release from Liability

In consideration of the Respondent’s payment of the $500.00

penalty, and any specified costs and accrued interest,

 completion

of all activities required hereunder,

 to Cease and Desist

as

contained-in Section VIII-.D -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.

 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;

11

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.

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 lawor

 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

 5/3.3,15,

 or entity other than the

Respondent.

F.

 Execution of Docu.ment

This Stipulation shall become effective only when executed

by all parties and approved by the Board.

 This Stipulation may

be executed by the parties in one or more counterparts,

 all of

which taken together,

 shall constitute one and the same

instrument.

H.

 Enforcement of Board Order

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

12

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 the Board Order approving 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 inconsistent with state or federal

law,

 and therefore unenforceable,

 the remaining- clauses

 shall

remain in full force and effect.,

 WHEREFORE,

 Complainant and Respondent request that the Board

adopt and accept the foregoing Stipulation and Proposal for

Settlement

 as written.

13

‘1

PEOPLE OF THE STATE OF ILLINOIS,

LISA

MADIGAN

Attorney General

State of Illinois

MATTHEW. J. DUNN,

 Chief

Environinental Enforcement/

Asbestos Litigation Division

THOMAS

 DAVIS,

 Chief

Environmental Bureau

Assistant Attorney General

ILLINOIS

ENVIRONMENTAL

-PROTECTION

AGENCY

BY:

SVOBODA

Lief

Legal Counsel

RALPH

STONE

BY:

67,~LJ

4~?t~

Name:

1I?LpH

~7-ot//i--

Title:

114

,1v,,L~—

DATE:

~//

r/o~

DATE:

/2~-/?-C~---

DATE

EL?

BY: