JAN
062005
OFFICE OF
THE ATTORNEY GENERAL
STATE OF
ILLINOIS
STATE OF ILLINOIS
~ht~ti0ni
Control Board
Lisa Madigan
A’ITORNEY
GENERAL
January
3, 2005
The Honorable
Dorothy Gunn
Illinois Pollution
Control
Board
James
R.
Thompson Center,
Ste.
11-500
•
100
West Randolph
Chicago,
Illinois 60601
Re:
People v.
Altman-Charter Company,
et a!.
PCB No. 05-96
Dear Clerk Gunn:
Enclosed
for
filing
please
find
the
original
and
ten
copies
of
a
NOTICE
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.
1Kristen
Caughridge
Environmental
Bureau
500 South
Second Street
Springfield,
Illinois 62706
(217)
782-9031
KL/pp
Enclosures
500
South Second Street, SpringOeld, Illinois
62706
•
(217)
782-1090
•
l’TY:
(217) 785-2771
•
Fax:
(217)
782-7046
100
West
Randolph Street,
Chicago,
Illinois
60601
•
(312)
814—3000
•
‘flY:
(312)
814—3374
•
Fat:
(312)
814—3806
1001
Fast Main,
C:irhondale,
Illinois
62901
•
(61$)
529—640()
•
l’TY:
(618)
529—6-403
•
Fax: (61$)
529—6416
Very truly
BEFORE
THE
ILLINOIS POLLUTION
CONTROL BOAR~~~ED
PEOPLE OF THE STATE OF
)
JAN
062005
ILLINOIS,
)
STATE OF ILLINOIS
Complainant,
)
Pollution Control Board
vs.
)
PCB No.
05-96
•
)
•
(Enforcement)
ALTMAN-CHARTER
COMPANY, a
)
Missouri corporation,
)
)
Respondent.
)
NOTICE
OF FILING
To:
ALTMAN-CHARTER COMPANY
do
Mark C.
Goldenberg
•2227
S.
State
Route
157
Edwardsville,
IL 62025
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 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 J.
DUNN, Chief
Environmen,~9iEnforcement/Asbestos
LWgat5~
/
KRISTEN LA~iGI~RIDG~”/
•
Assistant Attorney Ge~~1
Environmental Bureau
500 South
Second Street
Springfield,
Illinois 62706
217/782-9031
Dated: January 3, 2005
CERTIFICATE OF SERVICE
I
hereby certify that
I
did
on January 3, 2005, 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 RELIEFFROM
HEARING REQUIREMENT and
STIPULATION AND PROPOSAL
FOR SETTLEMENT:
To:
ALTMAN-CHARTER
COMPANY
a
Missouri corporation
do
Mark C.
Goldenberg
2227
S.
State
Route
157
Edwardsville,
IL 62025
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
Mall with
postage thereon fully prepald
to
Carol Webb
Hearing Officer
Illinois Pollution
Control
Board
1021
North
Grand Avenue East
Springfield,
IL 62794
••
V
~Kr~sten
Lau~ridge ~/
,‘
~ssistantAttorney General
This filing is submitted
on
recycled paper.
REc~vED
BEFORE THE ILLINOIS
POLLUTION
CONTROL BOARD
CLEIRK’S OFFICE
•
•
JANOG2005
PEOPLE
OF THE STATE
OF ILLINOIS,
STATE OF ILLINOIS
)
Pollution Control Board
Complainant,
V.
)
PCB
NO.
05-96
•
)
(Enforcement)
ALTMAN-CHARTER COMPANY,
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.
On
November 17,
2004,
Complainarft filed
a Complaint with the
Board,
alleging
violations by the Respondent of the Illinois
Environmental Protection
Act and
Board
Regulations.
2.
The parties
have
reached
agreement on all
outstanding
issues
in this
matter.
3.
This agreement is presented
to the
Board
in
a Stipulation
and
Proposal for
Settlement, filed
contemporaneously with
this
motion.
•
4.
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,
P EOPLEOFTHESTATEO~IttINOIS~
LISA MADIGAN
ATTORNEY GENERAL
MATTHEW J.
DUNN, Chief
EnvironmentaLEnforcement/Asbestos
•
L
~fion DM
~O 77
K~NL
RI
E
Environmental Bureau
Assistant Attorney General
500
South
Second Street
Springfield,
Illinois 62706
217/782-9031
Dated: January 3, 2005
2
•
RECE~VED
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLERK’S OFFICE
PEOPLE OF THE STATE OF ILLINOIS,
)
•
JAN 062005
•
•
)
STATE OF ILLINOIS
/
Pollution
Control
Board
Complainant,
PCB 05-96
v.
)
-
(Enforcement)
ALTMAN-CHARTER COMPANY,
a
Missouri corporation,
Respondent.
STIPULATION A~DPROPOSAL 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 Altman-
Charter Company
(“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
1
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 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 pursuant 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
17,
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 theIllinois
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.
At all times relevant to the Complaint,
Respondent was
and is a Missouri corporation that
is authorized to transact
business in the State of Illinois.
B.
Site
Description
and
History
•
•
•
•
In 1992 and 1993,
the Village of North City in Franklin
• County,
Illinois employed Altman-Charter Company to construct a
new sewer system.
A sewage force main and a sewage lift station
installed with the new system were not included within the 1992
permit’s final plans and specifications for the project.
C.
Allegations of Non-Compliance
Complainant contends that the Respondent has violated the
following provisions of the Act and Board regulations:
Count
I:
Improper
sewer construction,
in violation of
Section 12 (c)
of the Act,
415 ILCS 5/12 (c) (2002),
and 35
Ill. Adm.
Code 309.202(a).
3
D.
Admissionof Violations
The Defendant represents that
it has entered into this
Consent Order for the purpose of settling and compromising
disputed claims without having to incur the expense of contested
litigation.
By entering into this Consent Order and complying
with its terms,
the Defendant does not affirmatively admit the
allegations of violation within the Complaint,
and this Consent
Order shall not be interpreted as including such admission.
•
IV.
APPLICABILITY
This Stipulation shall apply to and be binding upon the
Cothplainant 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
4
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,
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 minimally
threatened by the Respondent’s violations.
5
2.
There are social and economic benefits as to the sewer
systems.
3.
The sewer systems are suitable for the area in which
such were installed.
4.
Obtaining a permit prior to construction and compliance
with its terms 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:
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 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 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
6
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 envitonmental 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:
1.
The Village of North City engaged an outside
independent Engineer whose responsibility included obtaining all
permits required by the Act~-.
The Engineer hired by the Village
of North City failed to include
the sewer force main and a sewage
lift station within the final plans and specifications for the
sewer system improvements of
the
1992 permit issded by the
Illinois EPA.
The Respondent failed to verify that the
appropriate permits were obtained by the Village of North City
and its Engineer or other representatives.
.
2.
Compliance was achieved upon discovery of the
violation.
3.
,
No economic benefit was accrued.
7
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 include a
•
supplemental environmental project
(SEP),
which is a portion of
the total penalty.
The SEP is discussed below in Section VIII.A.
VIII.
TERMS OF SETTLEMENT
A.
Supplemental Environmental Project
1.
In order to promote
the
goals
of the Act to restore,
protect
and enhance the quality of the environment, Respondent
shall perform
the following supplemental environmental project
(“SEP”)
.
The value of the SEP is two thousand dollars
($2,000.00)
.
The parties agree that this SEP consists of a
monetary payment of two thousand dollars
($2,000.00)
to the
Benton School District Greening Program.
The Respondent
shall
make the payment
to the Benton School District Greening Program
within thirty
(30)
days from the date the Board adopts and
accepts this Stipulation.
B.
Penalty Payment
8
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 Environmental Protection Agency
Fiscal Services Section
1021 North Grand Avenue East
P.O. Box 19276
.
Springfield,
IL 62794-9276
The
name and
number
of the case and Respondents
Federal Employe~~~~
Identification Number
(FEIN),
4~24(~~4’2—
,
shall appear on the
check.
A copy of the certified check, money order or record of
electronic funds transfer and any transmittal
letter shall be
sent
to:
.
..
.
..
.
F-
Kristen Laughridge
Environmental Bureau
Attorney General’s Office
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
9
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 5/1003
(2002)
.
Interest on any unpaid payment shall begin to accrue
from the date the payment
is due ~nd continue to accrue until the
date payment
is received.
3.
For purposes of payment and collection, Respondent may
be reached at
the following address:
Goldenberg,
Miller, Heller & Antognoli,
P.~.
2227 South State Route
157
Edwardsville,
IL
62025
4.
In the event of default
of Section VIII.A or Section
•
VIII~B, the Complain-ant--shall- be--entitled to—all available
rel.ief.
2ncluding, but not limited to, reasonable
costs of collection and
reasonable attorney’s
fees.
C.
Compliance Plan
The
site has since been brought
into
compliance by the
Village of North City.
D.
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
10
from Liability contained in Section VIII.F,
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
to waive any rights to contest,
in any subsequent enforcement
action or permit proceeding,
any allegations that these alleged
violations were adjudicated.
E.
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.
F.
Release from Liability
In consideration of the Respondent’s payment
of the
$2,000.00 SEP,
$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.E 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
11
any further liabilit~/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 ofIllinois
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.
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,
or entity other than the
Respondent.
Should the State of Illinois exercise its reserved right
with respect
to any of the matters listed above, Respondent
12
rese~es ~flf
i~O~fUTly
conte~st~anddefend
sel±~as
to those matters reserved.
G.
Execution of Document
This Order shall become effective only when executed by all
parties and the Court.
This Order 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
.
Pollution Control Board and may be enforced as such through any
• and all available means.
2.
Respondent agrees thatnotice
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
13
competent jurisdiction to be inconsisten~with state or fed~ral
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.
.
-
.
.~
T~
14
PEOPLE
OF
THE’ STATE
OF
ILLINOIS,
LISA
MADIGAN
Attorney General
State of Illinois
MATTHEW
J.
DUNN,
Chief
Environmental Enforcement/
Asbestos Litigation Division
BY:
_____________________
DATE:
/
/0
~
/0
~
THOMAS DAVIS, Chief
Environmental Bureau
Assistant Attorney General
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY
BY:
________________
DATE:/Z,q-d,9’
A
~/J~SEP
E.
SVOBODA
L~hief
Legal Counsel
ALTMAN-CHARTER
COMPANY
BY:
___________________
DA~E:
~/~7jQ4
Title:
_1~1~Af
15
