RECE~VE~
CLERK’S
OFFICE
JAN
2 02005
STATE OF ILUNOIS
Pollution Control Board
OFFICE
OF THE AYI’ORNEY GENERAL
STATE OF ILLINOIS
Lisa
Madigan
ATTORNEY
GENERAL
January
14,
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.
MacMurray College
PCB
No. 04-50
-
Dear Clerk Gunn:
Enclosed forfiling 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 envelope.
Thank you
for your cooperation and
consideration.
Delbert D.
Haschemeyer
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
•
‘1”FY: (217)785-2771
•
Fax:
(217) 78-7046
100
West Randolph Street. Chicago,
Illinois
60601
•
(312)
814-3000•
T’i’Y: (312)814-3374
•
Fax:
(312) 814-3806
100)
1
‘e \l tin
(
i
hondik
Illinois
62901
(616)
579
6401)
1
\
(616)
~‘9 640,
I
l\
(616)
~9
64’6
RECE~JVED
BEFORE
THE
ILLINOIS POLLUTION
CONTROL
BOARD
CLERK’S OFFICE
JAN
20
2005
PEOPLE OF THE
STATE OF
)
ILLINOIS
)
STATE OF ILLINOIS
)
Pollution Control Board
Complainant,
)
)
vs.
)
PCB
No. 04-50
)
MacMURRAY
COLLEGE,
)
an
Illinois
not-for-pecuniary
)
profit corporation,
)
Respondent.
NOTICE OF
FILING
To:
Daniel
J.
Beard
Bellatti
Fay
Bellatti& Beard
816 West
State
Street
P.O.
Box 969
Jacksonville,
IL 62651
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
Environmental Enforcement/Asbestos
Litigatio
ivision
BY:
BERTD.
ASCHEMEYER
Assistant Attorney General
Environmental Bureau
500 South
Second Street
Springfield, Illinois
62706
217/782-9031
Dated:
January 14, 2005
CERTIFICATE OF SERVICE
I
hereby certify that
I
did on January
14,
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 FILlNG,~MOTlONFOR RELIEF FROM
HEARING REQUIREMENT
and
STIPULATION AND
PROPOSAL
FOR SETTLEMENT:
To:
Daniel
J.
Beard
Bellatti
Fay
Bellatti
& Beard
816 West
State Street
P.O.
Box 969
Jacksonville,
IL 62651
and the original
and ten copies
by
First Class
Mail with postage thereon fully prepaid of the
s~~fdregoing
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
Illinois
Pollution Control
Board
1021
North
Grand Avenue
East
Springfield,
IL 62794
DELBERT
D
Assistant Attorney General
This filing
is submitted
on
recycled paper.
RECE~VE~
CLERK’S OFFICE
BEFORE THE
ILLINOIS
POLLUTION
CONTROL BOARD
JAN
20
2005
IS
.
POHUt~Ofl
Control
Board
Complainant,
)
vs.
)
PCB
No. 04-50
MacMURRAY COLLEGE,
an
Illinois
not-for-pecuniary
)
profit
corporation,
)
Respondent.
)
MOTION
FOR RELIEF
FROM
HEARING
REQUIREMENT
..
NOW
COMES Complainant,
PEOPLE OFTHE.STATE-OF
1LLINOlS~byLISA-~-----—-----
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
m.atter 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 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)
(2004).
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) (2004).
Respectfully submitted,
PEOPLE
OF THE STATE OF
ILLINOIS
LISA MADIGAN
ATTORNEY GENERAL
500 South
Second Street
Springfield,
Illinois 62706
217/782-9031
Dated: January
14, 2005
MATTHEW J.
DUNN, Chief
Environmental Enforcement/Asbestos
n
Dh
BY:
Environmental Bureau
Assistant Attorney General
2
RECE~VE~
CLERK’S OFFICE
BEFORE THE
ILLINOIS POLLUTION
CONTROL BOARD
JAN
202005
PEOPLE OF THE
STATE OF ILLINOIS,
)
STATE OF ILLINOIS
Pollution Control Board
Complainant,
-vs-
)
PCB
No. 04-50
MACMURRAY COLLEGE,
)
an Illinois
not-for-pecuniary-profit
)
corporation,
Respondent.
)
STIPULATION AND PROPOSAL FOR SETTLEMENT
Complainant,
PEOPLE OF THE STATE OFILLINOIS, by Lisa Madigan,
Attorney General
of
the
State
of
Illinois,
the
Illinois
Environmental
Protection
Agency
(“Illinois
EPA”),
and
Respondent,
MacMurray College,
an
Illinois not-for-pecuniary-profit corporation, 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 introducedby the
..
parties if a hearing
were held.
The parties further stipulate that this statementof facts.is made and.
agreed
uponfor purposes of settlement only and that neither the fact that a party has~~
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.
1
JURISDICTION
.
Board hasjurisdiction ofthe subjectmaitèrherein and ofthe parties consenting hereto
pursuant to the Illinois Environmental Protection Act (“Act”), 415
ILCS 5/1 et
seq.
(2002).
II.
.
ALJTHORIZNflON
The underslöned
representatlvss for each certify that
they
are fullyauthorized bythe party
whom they represent to enter into the.termä and conditions ofthis Stipulation and to legally bInd
themtbt
..
..
lii.
STATEMENT OF FACTS
A~PartIes
.
.‘~
1:
On October9,2003, a Coniplalntwasfiled on behati ofthe People ofthe State.of
.~
Illinois by
Usa
Madlgan, Attorney.GeMrarotthsStateof:IlIlnoIsionher
own
motIon andupon
the
requestoftheUlirigi
____
(~ftJ~e
~t,
..~
.
(2002), against
the Respondent..
~.:
::
.
.
2.
The lIlInolsEPAlithi admiñl
Shiiadiñójöfth6.StitebflIllñS
cieatéd~USuànt
toSectlon4oftheAct,4151LCS5/4(2002).
.
3
Atall
times relevant tothe
Complaint,
Respondent, a private college,
was and là an
filIriolsnot-for-pecqniary-profit corporation in
good
standing,
organized
under the provisionsof the
Educational
CorporatIon Act, that
Is
authorized to transact
business
In the State of.Illlnols.
2
B.
Site Description
1.
.
At
all times releyant to
the Complaint,
Respondent owned and, operated a. private
college (“site”) which includes an old field house located at 460 Hardin Street, Jacksonville, Morgan
County,
Illinois (facility).
C.
Allegations of
Non-Compliance
Complainant contends that the Respondent has violated the following
provisions of the Act
and
Board
regulations.
COUNT I:
Failed to inspect for asbestos, in violation of 40
CFR 61 .145(a) and Section
9.1(d) of the Act, 415
ILCS 5/9.1(d) (2002);
Failed to
provide notification of demolition and
renovation
in violation of 40
CFR 61.145(b)(1)
(1999) and
Section 9.1(d) of the Act, 415
ILCS 5/9.1(d)
(2002);
Failed
to
adequately
wet
and
maintain
.wet
all
RACM
and
regulated
asbestos-containing
waste
material
in
viplation
of 40
CFR
61.145(c)(2)
(1999),
and
Section 9.1(d) of the Act, 415
ILCS 5/9.1(d) (2002);
Failed
to
have
on
site
one
representative
trained
‘in
the
provisions
of the.
NESHAP
for
asbestos
and
compliance
methods
in
violation
of
40
CFR
61. 145(c)(8) (1999), and Section 9.1(d) of the Act, 415
ILCS 5/9.1(d) (2002);
Failed
to
adequately
wet,
and
keep
wet,
regulated
asbestos-containing
waste material, in violation of 40 CFR.61 .150(a)(1) and Section 9.1(d) of the
Act, 415
ILCS 5/9.1(d)
(2002);
and
Failed to transport to awaste disposal site as soon as practical all asbestos-
containing waste material generated during renovation activities
in violation
of 40 CFR 61.150(b) and Section
9.1(d) of the Act, 415 ILCS 9.1(d) (2002).
COUNT II:
Open
dumping of waste
in violation
of Section
21(a) of the Act,
415
ILCS
5/21(a) (2002);
Conducted
a waste-storage operation
without first
obtaining the
requisite
permit in violation of Section 21 (d)(1) and (2) of the Act, 415 ILCS 5/21 (d)(1)
and (2)
(2002),
and
in
violation
of Board
regulations;
3
Storage of waste for disposal or treatment at asite not permitted
in violation
of Section
21(e) of the Act; 415
ILCS 5/21(e)
(2002);
Open dumping of waste resulting
in litter,
in
violation of Section
21 (p)(1) of
the Act, 415
ILCS 21(p)(1)
(2002);
Open dumping
of general demolition debris
in
violation of Section 21(p)(7)
of the Act, 415
ILCS 5/21(p)(7) (2002);
Failed
to obtain the requisite
permit
prior to
operation of
a waste disposal
site in violation of Section 812.101(a) of the Illinois Pollution
Control Board’s
regulations,
35
III.
Adm.
Code 812.101(a);
Failed
to
conduct
hazardous
waste
determinations
in
violation
of
Section
712.111
of the Illinois Pollution Control Board’s land regulations, 35 Ill. Adm.
Code 722.111;
Failed
to
label
drums
stored,
identifying
the
contents
as
“used
oil,”
in
violation
of
Section
739.122(c)(1)
of
the Pollution
Control
Board’s waste
‘regulations, 35
III.
Adm.
Code 7.39.122(c)(1);
and
Failed to conduct special waste determinations on drums stored within the
field house and the janitorial supplies room in violation of Section 808.121(a)
of
the
Pollution
Control
Board’s
waste
regulations,
35
III
Adm.
Code
808.121(a).
‘
.
0.
Admission
of Violations
‘
‘
.
The Respondent neitheradmits nordeniesthe violation(s) alleged
in the Complaint filed
in
this
matter and
referenced herein
-
-
-
E.
Compliance Activities to
Date
.
.
.
MacMurray College conducted
a cleanup of the site.
As
part of’the
cleanup,
MacMurray
removed
and
properly disposed
of all hazardous wastes
and other debris located
at the
site.
In
addition,
MacMurray
conducted
asbestos
rernediation
activities
at
the
site
which
included
decontamination
of the
site,
the removal of all
drums
and
bags
containing ACM,
relocation
and
decontamination
of
usable
equipment
located
within
the
field
house,
and
the
construction
of
barriers to
isolate the west storage
area’ of the
field house from
the east storage area.
4
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
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 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 Respondentto
comply with any
other federal, state or local
laws orregulati.ons including, but not limited to, the Act and the
Board
Regulations,
35
III.
Adm.
Code,
Subtitles A through
H.
VI.
!~PACT
ON
THE PUBLIC
RESULTING
FROMALLEGED
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, ordeposits 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
whiOh
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
5.
any subsequent compliance.
In
response to
these factors, the parties state the following:
1.
Complainant alleges that Respondent caused air pollution and emitted asbestos to
the atmosphere
in violation
of the Act and the federal NESHAP for asbestos.
Complainant further
alleges that Respondent caused land pollution
by dumping waste in violation of the Act and Board
regulations.
2.
The parties
agree that Respondent’s
facility is of social and
economic value.
3.
The
parties
agree that
Respondent’s
facility
is
suitable
to
the area
where
it
is
located.
4.
The parties agree that compliance with the Act and
applicable
regulations is both
technically practicable
and
economically reasonable.
“
5.
Respondent has implemented and completed
a program bringing
Respondent into
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 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
6
compliance
with
the Act
by the violator and
other
person
similarly
subject
to
the Act;
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
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,
butwhich the respondent
is not otherwise legally required to
perform.
In
response
to these factors,
the
parties state
as follows:
1.
Respondent’s renovaction
activities as
alleged
in the Complaint commenced
on
a
date
better known to
Respondent.
Compliance
and abatement activities have
been
completed.
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.
-
There
was a likely economic benefit
Respondent realized from its
noncompliance
as aresu
of the delay in reaching
compliance, although the benefit
is unquantifiable at this time.
4.
Complainant has determined
that implementation
of the
SEP
program
in lieu of
a
penalty will serve to deterfurtherviolations 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 at
issue
in this matter.
7.
Respondent has agreed to undertake a Supplemental Environmental Project (“SEP”)
as
more
completely described
in
Section VIII.
herein
and attached
hereto as
Exhibit
1.
7
VIII.
TERMS
OF SETTLEMENT
A.
Supplemental Environmental
Program
1.
In
lieu
of
a
penalty,
Respondent
shall
implement
and
complete
the
SEP
(Supplemental
Environmental
Program)
all
as more
completely
set
forth
in
Exhibit
1
attached
hereto and
incorporated herein
by reference.
The SEP
shall consist of a program to collect
used
computers
and
computer
monitors
from
the community,
the donation
of
usable equipment
to
charitable organizations for use or resale,
arid the environmentally acceptable disposal of the non-
usable equipment.
2.
In
carrying
out
the
SEP,
MacMurray
shall
comply
with
all
requisite
laws
and,
regulations governing
the disposal
of electronic equipment.
.
3.
For the purposes of the enforcement of the Stipulation and
Proposal for Settlement,
this
SEP
shall
be
deemed
complete
one
calendar
year
after
MacMurray
commences
implementation of this SEP, or upon the final disposal of all collected
equipment, whichever occurs
later.
-
4.
By signature
on this Stipulation
and
Propoèal for
Settlement, MacMurray certifies
that,
as of the date of entry of this Stipulation,
it is not required to
perform or develop this SEP by
any federal,
state
or local
law
or regulation,
nor is
it
required to
perform
or develop the
SEP
by
agreement or injunctive
relief
in any other
case.
5.
In the event that MacMurray publicizes the SEP, orthe results of the SEP performed
hereunder, in connection with any advertisement of the activities or any statement concerning the
SEP
in
a
news
medium,
MacMurray
shall
include
the
following
statement:
“This
project
was
undertaken
in connection with
the settlement of a disputed
enforcement action ta~en
by the State
of Illinois for alleged
violations of the State’s environmental
laws arid
the Illinois Pollution Control
8
Board’s regulations.”
Theterm “news medium” 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 8-902(b)
(2002).
This
requirement shall not
be applicable to any radio or TV
program
in which the SEP
is discussed as
part of a talk or interview process.
6.
MacMurray shall certify completion of the SEP
by submitting
a report to the Illinois
EPA and
the Attorney General within
30 days after completion.
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
adjudication
of
violation
of
the
Act
and
the
Board
Regulations
promulgated
thereunder,
for
purposes
of Sè~tid 39(i)’and/br 42(h)
‘öfthë
Act, 415
l’LCS 5/39(i) and/or 5/42(h)
(2002).
C.
Cease
and
Desist
The
Respondent
shall
cease
and
desist
from
future
violations
of
the
Act
and
Board
Regulations,
inclUdingbut-not limited to those sections of the Act and Board
Regulations that were
the subject matter of the Complaint as
outlined
in
Section
llI.C of this Stipulation.
--
D.
Releasefrom
Liability
—
-
--
In
consideration of the Respondent’s
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
October
9,
2003.
The
Complainant reserves, and this Stipulation and
Proposal for Settlement is
without prejudice to, all
9
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.
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
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 Respondent.
E.
~jgiitof
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 to 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
employees and representatives, and theAttorney General, her employees and representatives may
take photographs,
samples, and
collect information,
as they deem
necessary.
F.
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 0.
Haschemeyer
10
Assistant Attorney General
—
-
.
-
Environmental Bureau
.-~
-
500
S’outh
Second Street
Springfield,
IL
62706
Maureen Wozniak
Assistant Counsel
Illinois
Environmental Protection Agency
1021
North Grand
Avenue East
P.O. Box 19276
Springfield,
IL 62794-9276
As to the Respondent
Daniel J.
Beard
Bellatti,
Fay,
Bellatti
&
Beard
816 West State Street
Jacksonville,
IL 62651
G.
Modification
of Stipulation
.
.
The parties may, by mutual written consent, agree to extend any compliance dates or
modify the
terms
of this Stipulation.
A request for
any
modification
shall
be made
in writing
and
submitted to the contact persons
identified
in Section VIII.H.
Any such request shall be made
by
separate document, and shall not.be submitted.within.any. other.report.
.or.s~brnittaI.required.by.this
Stipulation
Any such
agreed modification shall be in wnting,
signed by authorized representatives
r
of each
party, and then
accompany a joint
motion
to the Illinois
Pollution Control
BOard
seeking a
L
modification of the prior order approving and
accepting the Stipulation
to approve and accept the
L
Stipulation
as amended.
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.
11
2.
Respondent agrees
that notice ofany
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 notapprove 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, Complainantand Respondentrequestthatthe Board’adoptand acceptthe
foregoing
Stipulation and
Proposal
for Settlement as written.
.
FOR THE
COMPLAINANT:
PEOPLE.OF.THE
STATE OF ILLINOIS,
LISAMADIGAN
.~
Attorney General of the
State
of Illinois
-
MATTHEWJ:DUNNChief
Environmental EnforcementlAsbestos
,
ILLINOIS. ENVIRONMENTAL
Litigation Division
PR,p~ECTlON
By:’__________________________
THOMAS DAVIS,
Chief
Environmental Bureau
AssistantAttorney General
DATE:
/ ~
~
DATE:
V
FORTHERESPONDENT:
MACMURRAY COLLEGE,
an Illinois
not-for-pecuniary-profit corporation
By:
~U1444i
C.~
4.
~
Its
~lF~4
/414
i’-~/
DATE:
_______________
Chief Legal Counsel
•1
~
12
MacMurray
COLLEGE
Service Project
Outline
Public CRT Disposal Project
Project: To serve as
a community collection
site
for
used
personal computer equipment,
primarily
monitors,
prior
to
their final
disposal by
an environmentally safe
method.
Duration
of project:
It is anticipated
that the project
will
last
for one calendar
year.
While the College
will accept deliveries of computers and monitors
for
the entire year, it
is
anticipated that there will
be at
least one public campaign during
this
year.
This
campaign will involve
employees and volunteers
from the
MacMurray College community,
who
will staffthe receiving
facility
and collect used equipment from
the
community.
Advertising:
There will be t~’otypes of advertising—general
and specific.
*
General
advertising will consist of(l) signage
near
the collection site
that will
be
in
place for the entire
duration of the project,
(2) notices
in community
news and
information
outlets
that the disposal
site is
available and
(3)
periodic
public service
announcements on
local mediaand (4) other printed promotional
pieces. General
advertising will
make
the community aware
that MacMurray College is
conducting this
project and will
inform the public of the contact points
at the College.
This
advertising
will
also sensitize the public to
the environmental hazards
of improper disposal
of
computer equipment.
.
-
-
Specific advertising will
take-place near the public campaign..
.Thisadve.rtising
...
—
..,
consisting of purchased
print and radio/TV advertising as well
as
public
service pieces,
will
seek to energize
the public
to
participate in one or more
days of intense
collection
to
be conducted by and at MacMuri-ay College.
-—------
—
..
.....
-
Location:
It is
anticipated that
the location for
the collection will be
the Gordon Physical
Plant Building.
Final
removal:
MacMurray College will
identify a contractor
to assume
final, environmentally acceptable
disposal of the collected
units. The College will
also “triage”
the equipment donated
so that usable
equipment may be
sent
to other charitable organizations
for use or
resale.
Costs:
MacMurray
College anticipates the Following
costs that
it
will
bear:
•
In-kind cost ofemployees who
will work
on
this
disposal.
That will
involve regular
time or
overtime for exempt and non-exempt personnel.
•
Advertising costs
for general or specific advertising.
•
In-kind cost of travel
for employees
to
speak to community
groups
to promote the public
campaign.
•
Prizes and
favors
for those participating
in
a public
campaign.
•
Space allocation
for the collection
site.
•
Operation of any
vehicles
used
in
the collection campaign.
•
Costs
For the
disposal contractor or agency.
Participants:
MacMurray College eniplovees, students, and the general
public.
Most of the volunteer
labor
(indeed,
most of the labor
For
the entire
project) will,b~
done
by
members of MacMurray
Colt~ges
student
service clubs
EXHIBIT
MacMurray
COLLEGE
Project
Budget
Public CRT Disposal Project
Advertising and
Promotion
Signage at collection
site
5
500
Notices
in
community news
outlets
2,000
PSA’s
on
local media
,
-
Purchased broadcast media time
1 .000
Printed
promotional
pieces
500
S
4,000
Supplies and materials
Pallets (20
@
Sl2ea.)
S
240
Shrink wrap plastic material
500
.
~Prtzeo;t~shirts
for collegeand
community
participants
1,000
S
1,740
In-kind
costs
Space allocation
for collection
site
(Gordon
Building..500
sq.
ft.,
up
to
1
year)
-
S
1,250
Operation of College vehicles
for
local
,
pickup.and-moving.-
80
Travel
for employees
to
speak
to local
groups
(promotion)
100
Hourly
labor for. collection,
palletiz.ing,
-
wrapping
800
Non-exempt personnel
time for
promotion and management~
650
S
2,880
Rental and contracts
Rental of forklift
S
400
Disposal contractor
12~00~
S
12,400
Total project budget
S
21,020
Assumes
disposal of 600 CRT’s.
These will
be palletized and shrink
wrapped
for
economical
pickup
by
the contractor.
600
CRT’s woula be
approximately
one 48
foot
trailer load
(18-20,000
pounds).
Cost
viii
be
approximately
S20 per
item
disposed.
We have obtained cost and quantity information
from one contractor, and
will be
taking
proposais from oii~ers.
Volunteer labor
for this project
will be
provided
by
ih9
fvlacMurray College community,
primarily
student
seni’ce
clubs.
This
project
will
be
super’iised
by a
lull-time employee of the College as part of his/her
duties
for the,duration
of the project.
