(The remainder of this page is intentionally left blank.)

PEOPLE OF THE STATE OF ILLINOIS,

LISA MADIGAN, Attorney General

of the State of Illinois,

HATJCK HOMES, INC., an Illinois

corporation, d/b/a ROCK RIVER

ESTATES MOBILE HOME PARK,

CLEF~(’SOFPCE

JA~1 ~

STATE OF ~LL~O~S

PoUutiOfl CofltrO~Board

)

No. PCB 04-94

(Enforcement-Water)

NOTICE OF FILING

TO: Carolyn S. 

Hesse

Barnes & Thornburg LLP

One North Wacker Drive

Suite 4400

Chicago, IL 60606-2833

Dorothy Gunn

Clerk

Illinois Pollution Control

Board, Suite 11-500

James R. Thompson Center

100 W. Randolph Street

Chicago, IL 60601

PLEASE TAKE NOTICE that I have today filed with the Office

of the Clerk of the Illinois Pollution Control Board an original

and nine copies of the Stipulation and Proposal for Settlement,

an Agreed Motion forRelief from the Hearing Requirement, Notice

of Filing and a Certificate of Service, a copy of which is

attached herewith and served upon you.

Respectfully submitted,

PEOPLE OF THE STATE OF ILLINOIS

LISA 

MADIGAN

Attorney General

State of Illinois

BY:

ZEMEHERET BEREKET -AB

Assistant Attorney General

Environmental Bureau

188 W. Randolph St., 20th Fl.

Chicago, IL 60601

(312) 814-3816

DATE: January 18, 2005

THIS FILING IS SUBMITTED ON RECYCLED PAPER

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

)

Complainant

vs.

Respondent

RE CE ~V

CLERK’S OFFICE

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

JAN ~

~rj~

STATE OF

ILLINO;S

PEOPLE OF THE STATE OF ILLINOIS,

)

Po~ut~onControi Board

LISA MADIGAN, Attorney General

of the State of Illinois,

Complainant,

vs.

)

No. PCB 04-94

(Enforcement-Water)

HAUCK HOMES, INC., an Illinois

corporation, d/b/a ROCK RIVER

ESTATES MOBILE HOME PARK,

Respondent.

AGREED MOTION TO REQUEST RELIEF FROM THE HEARING REQUIREMENT

In support of this Motion, the parties state as follows:

1.  Today, •the People of the State of Illinois, filed a

Stipulation and Proposal for Settlement, with the Illinois

Pollution Control Board.

2.  Section 31(c) (2) of the Illinois Environmental

Protection Act, (“Act”), 415 ILCS 5/31(c) (2) (2002) provides:

Notwithstanding the provisions of subdivision (1) of

•

this subsection (c), whenever a complaint has been

•

filed on behalf of the Agency or by the People of the

State of Illinois, the parties may file with the Board

a stipulation and proposal for settlement accompanied

by a request for relief from the requirement of a

hearing pursuant to subdivision (1). 

. .

3.  Complainant and Respondent agree that a formal hearing

is not necessary to conclude this matter and wish to avail

themselves of Section 31(c) (2) of the Act, 415 ILCS

5/31(c) (2) (2002).

WHEREFORE, Complainant and Respondent request relief from

the hearing requirement pursuant to Section 31(c) (2) of the Act.

Respectfully submitted,

PEOPLE OF THE STATE OF ILLINOIS

LISA MADIGAN

Attorney General

State of Illinois

MATTHEW J. DUNN, Chief

Environmental Enforcement 

Asbestos Litigation Division

ROSEMARIE CAZEAU, Chief

•

Environmental Bureau

BY:

ZEMEHERET

~M~IILPsht1~

BEREKET-AB

Assistant Attorney General

Environmental Bureau

•  188 W. Randolph St.., 20th Fl.

Chicago, Illinois 60601      

•

(312) 814-3816

DATE:   

January 18, 2005

G:\EnvirOflmefltal Enforcement\Z BEREKET-AB\Hauck Homes ReliefFrom HearingRequirement l-14-05.wpd

CLERK’S OFFICE

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD 

•

J~~32005

•

STATE OF ILL~O~S

PEOPLE OF THE STATE OF ILLINOIS,

)

PoIlut~onControl ~oard

LISA MADIGAN, Attorney General

)

of the State of Illinois,

)

Complainant,

)

No. PCB 04-94

)

(Enforcement-Water)

~

corporation, d/b/a 

ROCK RIVER

ESTATES MOBILE HOME PARK,

Respondent.

)

•

STIPULATION A~D PROPOSAL FOR SETTLEMENT

Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA

MADIGAN, Attorney General of the State of Illinois, on her own

motion and at the request of the Illinois Environmental

Protection Agency (“Illinois EPA”), and Respondent, HAUCK HOMES,

INC., an Illinois corporation, d/b/•a

Rock River Estates Mobile

Home Park, (“HHI” and collectively “Parties”), do hereby agree to

this Stipulation and Proposal for Sett1emen~ (“Stipulation”)

The Parties agree that the Statement of Facts contained

herein

represents a fair summary of the allegations and testimony which

would be introduced by the Parties if a full hearing were 

held.

The Parties further stipulate that this Statement of Facts

is

made and 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 this or any other proceeding except to enforce the

terms of this Stipulation.

Notwithstanding the previous

sentence, this Stipulation and any Illinois Pollution Control

Board (uBoardt!) order accepting same may be used in any future

enforcement action as evidence of a past adjudication of

violation of the Illinois Environmental Protection Act (“Act’s)

for purposes of Sections 39(i) and 42(h) of the Act, 415 ILCS

39(1) and 5/42(h) (2002). This Stipulation shall be null and void

unless the Board approves and disposes of this matter on each and

every one of the terms and con~.itionsof the settlement set forth

herein.

JURISDICTION

The Board has jurisdiction of the subject matter herein and

• of the parties consenting hereto pursuant to the Act, 415 ILCS

5/1 et 

seq

(2002) 

II.

AUTHORIZATION

The undersigned representative for each party certifies that

he/she is fully authorized by the party whom he/she represents to

enter into the terms and conditions of this Stipulation and to

legally bind the party to it.

III.

APPLICABILITY

This Stipulation shall apply to and be binding upon the

Complainant and Respondent, and any officer, director, or agent,

-2-

of Respondent, as well as Respondent’s successors and assigns.

Respondent shall not ra±seas a defense to any enforcement action

taken pursuant to this Stipulation the failure of its officers,

directors, agents, servants or employees to take such action as

shall be required to comply with the provisions of this

stipulation.

Iv.

STATEMENT OF FACTS

A. Parties

1.  The Attorney General of the State of Illinois brings

this action on her own motion, as well as at the request of the

Illinois EPA, pursuant to the terms and provisions of Section 31

of the Act, 415 ILCS 5/31 (2002)

2.  The Illinois EPA is an administrative agency

established in the executive branch of the state government by

Section 4 of the Act, 415 ILCS 5/4 (2002), and is charged, 

inter

alia, 

with the duty of enforcing the Act.

3.  Respondent, Hauck Homes, Inc., d/b/a Rock River Estates

Mobile Home Park, (“HHI”) is an Illinois corporation in good

standing. HHI operates three manufactured home communities under

its corporate umbrella.

B. Facility Description

1.  HHI owns and operates the Rock River Estates Mobile

Home Park (“RREMHP”) in Dixon, Lee

County, Illinois (“Facility”)

-3-

At the Facility, HHI owns and operates a waste water treatment

plant (“WWTP”).

2.  The WWTP accepts waste from approximately 200-400

sanitary sewer connections.

3.  The WWTP at RREMHP consists of an aeration tank,

•clarifier, aerobic sludge holding tank, polishing pond and

disinfection facilities.

C. •

Alleged Violations

The Complaint filed in this matter on December 12,

2003, before the Illinois POllution Control Board alleges the

• following violations of the Act, 415 ILCS

5/i et seq. (2002),

Illinois Pollution Control Board (“Board”) Water Pollution

Regulations, 35 Ill. Adm. Code, and NPDES permit conditions and

are outlined as follows:

COUNT I: VIOLATION OF GENERAL EFFLUENT STANDARDS 

WATER

POLLUTION: Violation of Section 12(a) of the Act,

415 ILCS 5/12(a) (2002), and 35 Ill. Adm. Code

304.121(a), 

304.141(a),

and NPDES permit

conditions;

COUNT II: VIOLATION OF NPDES PERMIT OPERATIONAL

REQUIREMENTS: Violation of Section 12(f) of the

• Act, 415 ILCS 5/12(f) (2002), and 35 Ill. Adm. Code

305.102(a) and 3.06.102(a).

D. Admission of Violation

Respondent denies the violations alleged in the Complaint in

this matter and referenced in Section IV.C. herein.

-4-

V.

IMPACT ON THE PUBLIC RESULTING FROM NONCOMPLIANCE

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:

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;

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;

the technical practicability

and economic

reasonableness of reducing or eliminating the

emissions, discharges or deposits resulting from

such pollution source; and

any subsequent compliance.

In response to these factors, 

the Complainant states as

follows:

1.  Allowing fecal coliform concentrations to exceed the

maximum allowed by Board regulationshas

the potential to cause

serious injury to public health and the environment.

2.  Respondent’s Facility has social and economic value.

-5-

3.  Respondent’s Facility is suitable to the area in which

it is located, provided it is operated in compliance with the

Act, Board Water Pollution Regulations and applicable permits.

4.  Complying with the requirements of the Act, Board Water

Pollution Regulations and NPDES permit conditions, was both

technically practicable and economically reasonable.

5.  Respondent came into compliance by implementing

necessary upgrades such as installing backup pumps and blowers to.

the existing WWTP.

VI.

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 u~nder 

. . .

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 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

-6-

5.  the number, proximity in time, and gravity of

previously adjudicated violations of this Act by

the violator.

6.  whether the respondent voluntarily self-disclosed,

in accordance with, subsection 

Ci)

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 Complainant states as

follows:

1.  On April 27, 1999, the Illinois EPA sent a Violation

Notice to HHI informing it of the various deficiencies at the

Facility. However, the problems remained uncorrected for

over three years, despite HHI’s agreement to resolve the

problems in its 1999 Compliance Commitment Agreement letter.

Respondent, however, states that the alleged problems were

corrected and did not continue for three years.

•2. Many of the violations continued after the

Illinois EPA’S initial Violation Notice Letter to HHI in

1999. Respondent denies that any alleged violations continued.

3.  Complainant is unable to quantify the economic benefits

of noncompliance accrued by Respondent. However, Complainant

‘maintains that the civil penalty agreed to in this case far

outweighs any economic benefits Respondent may have gained from

-7-

its alleged failure to timely implement necessary upgrades such

as backup pumps and blowers to the existing WWTP. Respondent

came into compliance by implementing the upgrades such as

additional backup pumps and blowers to the existing WWTP as

described in SectionV(5) above.

4. Complainant has determined in this instance, that a

civil penalty of Twelve Thousand Dollars ($12,000.00) will serve

to deter further violations of the Act,’Board Water Pollution

regulations and NPDES permit conditions and aid in future

voluntary compliance with the Act, Board regulations and

NPDES permit conditions.

5.  Complainant has no records of previously adjudicated

violations against HHI.

6.  The violations were discovered pursuant to an Illinois

EPA inspection.

7.  The settlement of this matter does not include a

supplemental environmental proj ect.

VII.

TERMS OF SETTLEMENT

A.  Civil Penalty

1.  Respondent shall pay a civil penalty of Twelve Thousand

Dollars ($12,000.00) into the Illinois Environmental Protection

Trust Fund within Thirty (30) days after the date on which the

•

-8-

Board adopts a final order approving this stipulation .and

Proposal for Settlement.

2.  Payment shall be made by certified check or money

order, payable to the Illinois EPA, designated for deposit into

the Environmental Protection Trust Fund, and shall be sent by

first class mail to:

Illinois Environmental Protection Agency

Fiscal Services

1021 North Grand Avenue East

•

P.O. Box 19276

Springfield, IL 62794-9276

Further, a copy of the check or money order shall be sent by

first-class

mail to:

Zemeheret Bereket-Ab

Assistant Attorney General

Environmental Bureau

• 188 West Randolph Street, 20th Floor

Chicago, IL 60601

3.  Respondent’s Federal Employer Identification Number

(“FEIN”) is 36-4071835.

The FEIN number shall appear on the face

of the certified check or money order.

4.  For purposes of payment and collection Respondent may

be reached at the following’ address:

Kenneth Hauck

Rock River Estates MHP

291 Illinois, Route 2

Dixon, Illinois 61021

5.  For purposes of notice Respondent’s attorney may be

reached at the following address:

-9-

Carolyn S. Hesse

Barnes & Thornburg

Suite 4400

One North Wacker Drive

• Chicago, Illinois 60606-2809

6•.   Pursuant to Section 42(g) of the Act, 415 ILCS

5/42 (g) (2002), interest shall accrue on any amount 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)

a.  Interest on unpaid amounts shall 

begin to accrue

from the 

date

the penalty payment is due and

continue to accrue to the date payment is

received.

b.  Where partial payment is made on any payment

amount that is due, such partial payment shall be

first applied to any interest on unpaid amounts

then owing.         

•

c. All interest on amounts owed the Complainant,

shall be paid by certified check payable to the

Illinois Environmental Protection Agency for

deposit in the Environmental Protection Trust Fund

and delivered in the same manner as described in

this Section VII.A.2.       

•

-10-

VIII.

CEASE AND DESIST

Respondent shall cease and desist from future violations of

the Act, Board regulations, and NPDES permit conditions,

including but not limited to, those Sections of the Act and Board

regulations that were the subject matter of the complaint as

•           outlined in Section IV.C of this Stipulation.

Ix.

COMPLIANCE WITH OTHER LAWS AND REGULATIONS

This Stipulation in no way affects the Respondent’s

responsibility to comply with any federal, State or local

regulations, including but not limited to the Act and Board

regulations.

x.

RELEASE FROM LIABILITY

In consideration of Respondent’s payment of Twelve Thousand

Dollars ($12,000.00) civil penalty, and its commitment to refrain

from future violations of the Act, Board Water PollUtion

•  regulations, and NPDES permit conditions, Complainant releases,

waives and discharges Respondent from any further liability or

penalties for violations of the Act, Board Water Pollution

regulations and NPDES permit conditions which were the subject

matter of the complaint filed in this matter on December 12,

2003, and upon the payment of all monies owed. However, nothing

—11-

in this Stipulation and Proposal for Settlement shall be

construed as a waiver by Complainant of the right to redress

future violations or obtain penalties with respect thereto.

•   WHEREFORE, Complainant• and Respondent request that the Board

adopt and accept the foregoing Stipulation and Proposal for

Settlement as written.

(The 

remainder of this page is intentionally left blank.)

-12-

AGREED:

FOR THE COMPLAINANT:

LISA MADIGAN

Attorney General of the

State of Illinois

MATTHEW J. DUNN, Chief 

•

ILLINOIS ENVIRONMENTAL

Environmental Enforcement!       

PROTECTION AGENCY

Asbestos Litigation Division

BY: ~   

~

~

V~.

•

BY

ROSEMARIE CAZEAU, Chief        

J SEPH E. SVOBODA,

Environmental

Bureau          

hief Legal Counsel

DATED:_____________________

•

DATED:

/ ~

O ~

FOR THE RESPONDENT:

HAUCK HOMES, INC., an Illinois Corporation

D/b/a Rock River Estates Mobile Home Park,

BY:__________

TITLE:____________________________

FEIN4f: 

3(L~b7j~3c

DATED:  

11 ~

G: \Environmental Enforcement\Z BEREKEY-AB\HauckHoxnesstip.wpd

-13-

CERTIFICATE OF SERVICE

I, ZEMEHERET BEREKET-AB, an Assistant Attorney General, do

certify that I caused to be served on this ~ day of January

2005, the foregoing Notice of Filing, a Stipulation and Proposal

for Settlement, and an Agreed Motion for Relief from the Hearing

Requirement, upon the persons listed on said Notice by placing

same in an envelope bearing sufficient postage with the United

States Postal Service located at 100 West Randolph Street,

Chicago, Illinois.

ZEMEHERET

~4M~

BEREKET-AB

G,\Environmental Enforcement\Z BEREKET-?~B\HauckHomes NOF&Certificate 

1-14-05.wpd