RECEIVED
CLERK’S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL
BOARD
AUG
2
9
2002
PEOPLE OF THE STATE OF ILLINOIS,
)
STATE OFIWNOIS
PolluHon Control Board
Complainant,
-vs-
)
PCB No.
CITY OF DES PLAINES,
an Illinois
municipal corporation, and
)
MCDONOTJGH ASSOCIATES,
INC.,
an Illinois corporation,
Respondents.
NOTICE OF FILING
PLEASE TAKE NOTICE that we have today, August
29,
2002,
filed with the Office of the Clerk of the Illinois Pollution
Control Board an original and nine copies
of our Complaint,
Motion for Relief from Requirement of a Hearing, and Stipulation
and Proposal for Settlement,
copies
~
which are attached
herewith and served upon you.
PEOPLE OF THE STATE OF ILLINOIS
ex
rel.
JAMES
E. RYAN
Attorney General/of the
Stat
of Illinos
BY:
_______________________
C~iR\STOPHERGRP~NT
As~s~stantAttorney General
Environmental Bureau
188 W. Randolph St.,
20th
Fir.
Chicago,
IL 60601
(312)
814-5388
RECEIVED
CLERK’S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
AUG 2 9 2002
PEOPLE OF THE STATE OF ILLINOIS,
)
STATE OF IWNOIS
Pollution
Control Board
Complainant,
VS-
‘
)
PCB
No.O3~3.
CITY OF DES PLA.INES,
an Illinois
municipal corporation, and
MCDONOUGH ASSOCIATES,
INC.,
)
an Illinois corporation,
Respondents.
CERTIFICATE
OF
SERVICE
‘I,
CHRISTOPHER
GRAI\TT,
an attorney,
do certify that I caused
to be served this 29th day of August,
2002,
the foregoing
Complaint, Motion
to Request Relief from Hearing Requirement, and
Stipulation and Proposal for Settlement upon the persons listed
below
by
placing
same
in
an
envelope
bearing
sufficient
postage
with
the
United
States
Postal
Service
located
at
100
W.
Randolph,
Chicago
Illinois.
CHRISTOPI-JER
GRANT
Service List:
Mr. David R.
Wiltse, Attorney
City of Des Plaines
1420 Miner Street
Des Plaines, Illinois 60016-4498
Mr. Alan R.
Swanson, Vice President
McDonough Associates,
Inc.
130 East Randolph Street,
Suite 1000
Chicago, Illinois 60601
RECEIVED
CLERK’S
OFFICE
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
AUG
2’ 9 2002
PEOPLE OF THE STATE OF ILLINOIS,
STATE OFIWNOIS
Complainant,
)
Pollution
Control
Board
-vs-
‘
)
PCB No.
CITY
OF
DES
PLAINES,
an Illinois
municipal
corporation,
and
MCDONOUGH ASSOCIATES,
INC.,
an Illinois corporation,
Respondents.
COMPLAINT
Complainant, PEOPLE OF THE STATE OF ILLINOIS, by JAMES E.
RYAN,
Attorney
General
of
the
State
of
Illinois,
complains
of
Respondents,
CITY OF DES PLAINES, and MCDONOUGH ASSOCIATES,
INC.,
as
follows:
I. Violations by Respondent CITY OF DES PLAINES and Respondent
MCDONOUGH ASSOCIATES,
INC.
COUNT I:
FAILURE TO OBTAIN PUBLIC WATER SUPPLY CONSTRUCTION PERMIT
1.
This complaint is brought by JAMES E. RYAN, Attorney
General of the State of Illinois,
on his
own
motion and at the
request of the Illinois Environmental Protection Agency
(“Illinois EPA”)
pursuant to Section 31 of the Environmental
Protection Act,
(“Act”)
,
415 ILCS 5/31
(2002)
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), and is charged
inter
alia,
with the duty of
1
~nfo,rQi’ngthe Act.
3..
..;~spondentCITY OF DES
PLAINES
(“Des Plaines”)
is an
~
;~
s~
Illinois
municipal
corporation,
duly
authorized
and
operating
under
the
laws
~f
the
State
of
Illinois.
Des
Plaines
is
located
in Cook County,
Illinois, and has a population of approximately
59,000 full time residents.
4.
Respondent MCDONOUGH ASSOCIATES,
INC.
(“MAI”)is an
Illinois corporation, duly authorized to transact business in the
State of Illinois.
5.
Des Plaines is the owner and operator of a potable
water
supply
and
distribution
system
(“Des
Plaines
Water
supply”),
containing,
inter alia, underground potable water
supply
mains
and
distribution
piping.
The
Des
Plaines
Water
Supply serves approximately 53,000 persons on a year around
basis.
6.
During 1998,
as part of the reconstruction of Oakton
Street
~fl
the
City
of
Des Plaines, Des Plaines designed and
contracted. for major reconstruction of approximately 3200 feet of
water
main
(~Oakton Water
Main”).
Des
Plaines
arranged
to
have
6
and
8 inch piping in Oakton Water Main piping replaced with 10
inch water supply piping.
Respondent
MAI
was hired by the City
of Des Plaines for design,
construction observation and
supervision, and other services,
including obtaining all
necessary Illinois EPA permits.
2
7.
On
March,
1
1999,
Des’
Plaines
and
MAI
began
excavation
and
replacement
of
the’
Oakton
Water
Main.
On
November
1,
1999,
Des Plaines and
MAI
connected
the
‘Oakton
Water
Main,
and
began
using the Oakton Water Main for transportation and distribution
of potable water.
8.
The Respondents did not,
at any time from the
initiation of the Oakton Water Main project until construction
was
complete,
submit
plans
or specifications, ‘receive written
Illinois
EPA
approval,
or
apply
for
and
obtain
a
construction
permit
from
Illinois
EPA
for
the
Oakton
Water
Main
reconstruction.
9.
Section
18(a)
of
the
Act,
415
ILCS
5/18(a)
(2002),
provides,
in pertinent part,
as follows:
(a)
No person shall:
1.
Knowingly cause, threaten or allow the
distribution of water from any public water
supply
of
such
quality
or
quantity
as
to
be
injurious to human health;
or
2.
Violate regulations or standards adopted by
the
Agency
pursuant
to
Section
l5(b)of
this
Act
or
by
the
Board
under
this
Act;
3.
Construct,
install
or
operate
any
public
water
supply
without
a
permit
granted
by
the
Agency,
or
in
violation
of
any
condition
imposed
by
such
a
permit.
*
*
*
10.
Section
3.26
of
the
Act,
415
ILCS
5/3.26
(2002),
provides
the
following definition:
3
“Person”
is
any
individual,
partnership,’
co-
partnership,
firm,
company, limited liability company,
corporation,’
association,
joint
stock
company,
trust
estate,
political
subdivision,
state
agency,
or
any
other
legal
entity,
“or
their
legal
representative,
agent or assigns.
11.
Defendants are “Personts”
as that term is defined in
Section
3.26
of
the
Act,
415
ILCS
5/3.26
(2002)
12.
Section
3.28 of the Act, 415 ILCS 5/3.28
(2002),
provides the following definition:
“Public
Water
Supply”
means
all
mains,
pipes
and
structures
through
which
water
is
obtained
and
distributed
to
the
public,
including
wells
and
well
structures,
intakes
and
cribs,
pumping
stations,
treatment
plants,
reservoirs,
storage
tanks
and
appurtenances,
collectively
or
severally,
actually
used
or
intended
for
use
for
the
purpose
of
furnishing,
water
for
drinking
or
general domestic use and which serve at
least
15
service
connections
or’which
regularly
serve
at
least
25
persons
at
least
60
days
per
year.
A
public
water
supply
is
either
a
“community
water
supply”
or
a
“non-community
water
supply”
13.
The
Des
Plaines
Water
Supply,
including the Oakton
Water
Main,
‘is
a
“Public
Water
Supply”
as
that
term
is
defined
in
Section 3.28 of the Act, 415 ILOS 5/3.28
(2002).
14.
‘
Section 15 of the Act,
415 ILCS 5/15
(2002), provides,
as
follows:
Owners
of
public
water supplies,
their authorized
representative,
or
legal
custodians,
shall
submit
plans
and
specifications
to
the
agency
and
obtain
written
approval
before
construction
of
any
proposed
public
water supply installations, changes,
or additions is
started.
Plans and specifications shall be complete
and of sufficient detail to show all proposed
construction, changes, or additions that may affect
sanitary quality, mineral quality,
or adequacy of the
public water supply;
and, where necessary,
said plans
4
and
specifications
shall
be
accompanied
by
supplemental
data
as
may
be
required
by
the
Agency
to
permit
a
complete
review
thereof.
15.
Section 602.101 of the Illinois Pollution Control Board
Regulations
(“Drinking
Water
Regulations”),
35
Ill.
Mm
Code
602.101,
provides,
as
follows:
CONSTRUCTION PERMITS
a)
No
person
shall
cause
or
allow
the
construction
of
any
new
public
water
supply
installation or cause
or allow the change of or addition to any existing
public
water
supply,
,
without a construction permit
issued
by
the
Environmental
Protection
Agency
16.
By failing to submit plans and receive approval from
Illinois EPA prior to beginning construction of the Oakton Water
Main,
Respondents violated Section 15 of the Act,
415 ILCS 5/15
(2002)
17.
By failing to
obtain
Construction
permits
for
the
construction
and
installation
of
the
Oakton
Water
Main,
Respondents violated Sections
6.02.101 of the Drinking Water
Regulations,
35
Ill. Mm.
Code 602.101.
18.
By Constructing and installing the Oakton Water Main
without permits granted by the Agency, and by violating 35
Ill.
Adm.
Code 602.101, Respondents violated Section 18(a)
of the Act,
415 ILCS 5/18 (a) (2002)
WHEREFORE,
Complainant, PEOPLE OF THE STATE OF ILLINOIS,
respectfully requests that the Board enter an order against the
Respondents,
CITY OF DES PLAINES,
and MCDONOUGH ASSOCIATES,
INC.
5
on
this
Count
I:
1.
Authorizing
a
hearing
in
this
matter
at
which
time
the
Respondent
will
be required to answer the allegations herein;
2.
Finding that the Respondents have violated Sections
15
and
18 (a)
of
the
Act,
and
35
Ill.
Adm.
Code
602
.
101;
3.
Ordering the Respondents to cease and desist from any
further
violations
of Sections 15 and 18(a)
of the Act and 35
Ill.
Adm.
Code
602.101;
4.
Assessing a civil penalty of Fifty Thousand Dollars
($50,000.00)
against the Respondents for each violation of the
Act and pertinent, regulations,
and an additional civil penalty of
Ten Thousand Dollars
($10,000.00)
for each day of violation;
5.
Ordering the Respondent to pay all costs, pursuant to
Sectiofl
42(f)
of
the
Act,
including
attorney,
expert
witness,
and
consultant
fees
expended
by
the
State
in
its
pursuit
of
this
action;
and
6.
Granting
such
other
relief
as
the
Board
deems
appropriate and just.
II. Additional Violations by Respondent CITY OF DES PLAINES
COUNT
II
FAILURE TO OBTAIN PUBLIC WATER SUPPLY OPERATING PERMIT
1-12. Complainant realleges and incorporates by reference
herein
paragraphs
1
through
7
and
paragraphs
9
through
13
of
Count
I
as
paragraphs
1
through
12
of
this
Count
II.
6
13.
Des
Plainies
began
connection
of
the
Oakton
Water
Main
to supply potable water to users on November
1,
1999.
From
November
1,
1999 until
August
31,
2000,, Respondent operated the
Oakton
Water
Main
without
an
Operating
Permit
issued
by
Illinois
EPA.
15.
Section
602.102
of
the
Drinking
Water
Regulations,
35
Ill. Adm. Code 602.102, provides,
in pertinent part,
as follows:
OPERATING
PERMITS
No owner or operator of
a public water supply shall
cause or allow the use or operation of any new public
water
supply,
or
any
new
additions
to
an
existing
supply,
for
which
a
Construction
Permit
is
required
under
this
part, without an Operating Permit issued by
the Agency.
16.
,
The
Oakton
Water
Main
was
a
“new
addition
to
an
existing
water
supply”
as
that
term
is
used
in
35
Ill.
Adm.
Code
602.102.
Respondent, by causing and allowing the operation of
the
Oakton
Water
Main
without
an
Operating
Permit
from
November
1,
1999 until August 31,
2000,
violated 35
Ill. Adm. Code
602.102, and thereby also violated Section 18(a)
of the Act,
415
IL~CS
5/18(a)
(2002)
WHEREFORE,
Complainant,
PEOPLE OF THE STATE OF ILLINOIS,
respectfully
requests
that
the
Board
enter
an
order
against
the
Respondent,
CITY OF DES PLAINES, on this Count II:
1.
Authorizing a hearing in this matter at which time the
Respondent will be required to answer the allegations herein;
2.
Finding
that
the
Respondent
has violated Section 18(a)
7
of
the
Act,
and
35
Ill.
Adm.
Code
‘6.02.102;
3.
Ordering the Respondent to cease and desist from any
further
violations
of
Sections
18(a)
of
the
Act,
and
35
Ill.
Adm.
Code 602.102;
4.
Assessing
a
civil
penalty
of
Fifty
Thousand
Dollars
($50,000.00)
against the Respondent. for each violation of the Act
and
pertinent
regulations,
and
an
additional
civil
penalty of Ten
Thousand
Dollars
($10,000.00)
for each day of violation;
5.
Ordering the Respondent to pay all costs, pursuant to
Section
42(f)
of
the
Act,
including
attorney,
expert
witness,
and
consultant fees expended by the State in its pursuit of this
action;
and
6.
Granting
such
other
relief
as
the
Board
deems
appropriate
and-
just.
PEOPLE
OF
THE
STATE
OF
ILLINOIS,
JAMES
E.
RYAN
Attorney General
State of Illinois
MATTHEW
J.
DUNN,
Chief
Environmental Enforcement/Asbestos
Litigation
Division
BY:
11
~
~
R~M~R~ç~ZEAU.~Ch~
f
Environme
“1
Bureau
Assistant Attorney General
8
OF
COUNSEL
CHRISTOPHER
GRT~NT
Assistant
Attorney
General
Environmental
Bureau
188
W.
Randolph
St.2Oth
Floor
Chicago,
Illinois 60601
(312)
814-5388
9
~ECEIVEI~
CLERK’S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTRQL
BOARD
IWG
2 9 2002
PEOPLE
OF
THE
STATE
OF
ILLINOIS,
)
‘
STATE OF IWNOIS
)
Pollution Control Board
Complainant,
)
‘
-
-vs-
)
PCB No.
O32-3
CITY
OF
DES
PLAINES,
an
Illinois
municipal
corporation,
and
MCDONOUGH
ASSOCIATES,
INC.,
an
Illinois
corporation,
)
Respondents.
MOTION TO REQUEST RELIEF FROM HEARING REQUIREMENT
NOW
COMES
the
Complainant,
PEOPLE
OF
THE
STATE
OF
ILLINOIS,
by
JAMES
E.
RYAN,
Attorney
General
of
the
State
of
Illinois,
and
requests
relief
from
the
hearing
requirement
in
the
above
captioned matter.
In support thereof, the Complainant states as
follows:
1.
Together with this Motion, Complainant has filed a
Complaint and Stipulation and Proposal for Settlement in this
matter.
The
Complaint
consists
of
two
Counts,
and
alleges
violations
of
the
Illinois
Environmental
Protection
Act,
415
ILCS
s/i
et
seq.
(2002)
(“Act”),
and Illinois Pollution Control Board
(“Board”)
regulations.
2.
Section 31 Act, 415 ILCS 5/31
(2002),
provides,
in
pertinent part,
as follows:
*
*
*
(c) (2)
Notwithstanding the provisions of subdivision
(1)
of
this
subsection
(c),
whenever
a
complaint
has
been
filed
on
behalf
of
the
Agency
or
by
the
—1—
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).
Unless
the
Board,
in
its
discretion,
concludes
that
a
hearing
will
be
held,
the
Board
shall
cause
notice
of
the
stipulation,
proposal
and
request
for
relief
to
be
published
and
sent
in
the
same
manner
as
is
required
for
hearing pursuant to subdivision
(1)
of this
subsection.
The
notice
shall
include
a’statement
that any person may file a written demand for
hearing
within
21
days
after
receiving
the
notice.
If
any
person
files
a
timely
written
demand
for
hearing,
the
Board
shall
deny
the
request
for
relief from a hearing ,and shall hold
a
hearing in
accordance
with
the
provisions
of
subdivision
(1).
*
*
3.
-
No
hearing
is
scheduled
in
the
instant
case.
4.
The
Complainant,
PEOPLE
OF
THE
STATE
OF
ILLINOIS,
hereby requests relief from the requirement of a hearing pursuant
to
415
ILCS
5/31(c)
(2) (2002).
Respectfully
submitted,
PEOPLE
OF
THE
STATE
OF
ILLINOIS
by
JAMES
E.
RYAN,
Attorney General-of the
State
of. Illinois
MATTHEW
J.
DUNN,
Chief
Environmental En orcement/Asbestos
BY:
~~aonDi,~.
s,~
~ISTOPHER
GRANT.
Assistant Attorney General
Environmental Bureau
188
W.
Randolph
~
20th
Fir.
Chicago,
Illinois
60601
(312)
814-5388
-2-
R~CEIVED
CLERK’S
OFFICE
BEFORE
THE
ILLINOIS POLLUTION CONTROL BOARD
AUG 2 9
2002
PEOPLE
OF
THE
STATE
OF
ILLINOIS,
)
zATEOF
Complainant,
)
Pollution Control
&czrd
-vs-
)
PCB No.
O?~3
CITY OF DES PLiAINES,
an Illinois
municipal
corporation,
and
MCDONOUGH ASSOCIATES,
INC.,
an
Illinois
corporation,
Respondents.
STIPULATION AND PROPOSAL FOR SETTLEMENT
Complainant,
PEOPLE OF THE STATE OF ILLINOIS, by JAMES
E.
RYAN,
Attorney General of the State of Illinois, at the request
of the Illinois Environmental Protection Agency, and respondents,
CITY OF DES PLAINES,
an Illinois municipal corporation,
and
MCDONOUGH ASSOCIATES,
INC.,
an Illinois corporation
(collectively
“Respondents”),
do hereby agree to this Stipulation and Proposal
for Settlement
(“Stipulation”).
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 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
agreement.
Notwithstanding the previous sentence,
this
-1-
Stipulation
and
Proposal
for
Settlement
and
any
Illinois
pollution Control Board
(“Board”)
orde’r
acceptIng
same
may
be
~
any future enforcement
action
as
evidence
of
a
past
adjudicatibh of’violation of the Illinois Environmental
Protection Act
(“Act”)
for purposes of Sections
39(i)
and 42(h)
of the Act, 415 ILCS 5/39(i)
and 5/42(h) (2000).
I.
JURISDICTION
The
Board
has
jurisdiction
of
the subject matter herein and
of the parties consenting hereto pursuant to the Act,
415 ILCS
s/i
et
seq.
(2000)
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
proposal for Settlement and to legally bind them to it.
III.
APPLICABILITY
This Stipulation and Proposal for Settlement shall apply to
and be binding upon the Complainant and Respondents, and each of
them,
and on any officer,
director,
agent,
employee or
servant
of
Respondents,
as well
as Respondents’
successors and assigns.
The
Respondents
shall
not
raise
as
a
defense
to
any’
enforcement
action taken pursuant to this settlement’ the failure of officers,
-2-
directors,
agents,
servants,
or
employees:
of
either
respondent
to
take
such
action
as
shall
be.
required
to
comply
with.
the
provisions
of
this
settlement.
IV.
STATEMENT OF FACTS
A.
Parties
-
1.
The
Attorney
General
of
the
State
of
Illinois
brought
this
action
on
his
own
motion,
as
well
as
at
the
request
of
the
Illinois
Environmental
Protection
Agency
(“Illinois
EPA”),
pursuant to the statutory authority vested in him under Section
31
of
the
Act,
415
ILCS
5/31
(2000)
2.
Illinois EPA is
an
agency
of
the
State
of
Illinois
created pursuant to Section 4 of the Act,
415 ILCS 5/4
(2000),
and is charged,
inter
alia,
with
the duty of enforcing the Act.
3.
Respondent,
CITY OF DES
PLJAINES.
(“Des Plaines”),
is an
I1linoi~municipal corporation, located
in
Cook
County,
Illinois.
4.
Respondent, MCDONOUGH ASSOCIATES,
INC. (“McDonough”),
is
‘an Illinois corporation, duly authorized to transact business in
the State of Illinois.
B.
Facility Description
Respondent
Des
Plaines
is
the
owner
and
operator
of
a
potable water system, including water mains
and’ distribution
lines.
In 1999,
Des Plaines replaced approximately 3,000 feet of
water main running along Oakton Avenue in the
City. of Des Plaines
(“Site”)
-3-
Respondent
McDonough
provided
engineering
and
construction
oversight
services
for
the
1999
renovation,
and
replacement
of
the
water
main
at
the
Site.
McDonough’s
responsibilities
included
obtaining
Illinois
EPA
construction
permits.
C.
Noncompliance
Complainant
has alleged the following violations of the Act
against the Respondents:
COUNT
I:
FAILURE
TO
OBTAIN
PUBLIC
WATER
SUPPLY
CONSTRUCTION
PERMIT,
violation
of
Sections
15
and
18(a)
of
the
Act,
415
ILCS
5/is
and-18(a)
(2000),
and
35
Ill.
Adm.
Code
602 .101.
In addition, Complainant has alleged the following
violation of the Act against Respondent Des Plaines:
COUNT
II:
FAILURE
TO
OBTAIN
PUBLIC
WATER
SUPPLY
OPERATING
,~‘.ERMIT,.violation
‘of
Section
18(a)
of
the
Act,
415
ILCS
5/18(a)
(2000),
and
35
Ill.
Adm.
Code
602.102.
D.
Response to allegations
Respondents
neither
admit
nor
deny
the
allegations
in
the
complaint.
V.
IMPACT ON THE PUBLIC RESULTING FROM NONCOMPLIANCE
Section 33(c)
of the Act,
415 ILCS 5/33(c) (2000).,, 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,
-4-
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.
ANALYSI~i.
The parties mutually state as follows:
1.
Character
and
Degree
of
Injury:
The
impact
to
the
public
from
the alleged violations of the
Act
would
‘be
to prevent Illinois EPA from:
a)
reviewing plans for conformance with Board and
Illinois
EPA
water
main
engineering
requirements;
b)
monitoring construction practices through spot
inspections;
and
c)
supervising
water
quality
testing prior to placing
the
water
main
in
operation.
The alleged violations would increase the risk of
contamination of the Des Plaines
public
water
supply.
2.
Social and Economic Benefit:
The parties agree that renovation of the water main at the
-5-
Site is of social and economic benefit.’
3.
Suitability to the Area:
Reconstruction and imp~ovementof the water main
at
t,h
Site
is suitable to the area, provided that it
is performed in
conformance with the requirements of the Act and Board Water
Pollution regulations.
4.
Technical
Practicability:
Obtaining required permits prior to construction and
operation of the water main at the Site
is both technically
practicable and economically reasonable.
5.
Subsequent
Compliance:
Subsequent to completing construction,
Respondents submitted
“as built” plans toIllinois EPA.
The plans did not indicate any
design or construction violations.
Ten months after placing the
water main renovation into service, Respondent Des Plaines
applied for and obtained and operating permit for the water main
at the Site.
The operating permit continues in effect to the
time of filing of this Stipulation.
VI.
CONSIDERATION OF SECTION 42(h)
FACTORS
Section 42 (h)
of the Act, 415 ILCS 5/42(h) (2000)
,
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
or
agg.ravation of penalty, including but not limited to the
following
factors:
-6-
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
th
?o
~~ür
e“~E~I’i
~f”the
‘~ôfri”ãs
“b\~i’dëd~
-
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.
ANALYSIS:
1.
Duration and Gravity of the Violation:
COUNT
I:
Complainant
has
alleged
that
the
conditions
which
caused
the
alleged
violations
existed
from
at
least
March
1,
1999
until
November
1,
1999.
cOUNT
II:
Complainant
has
alleged
that
violations
occurred
from
October
30,
1999,
until
at
least
August
1,
2000.
2.
Diligence of Respondent:
The
Respondents
were
diligent
in
providing
“as-built”
plans
following notification by Illinois EPA that no Construction
permit
had
been
applied
for
or
issued.
3.
Economic Benefit of Noncompliance:
The Respondents did not receive any substantial economic
benefit from
the
alleged
noncompliance.
-7-
4.
Deterrence:
A penalty of Fifteen Thousand’Dollars
($15,000.00)
against
Respondent
Des
Plaines,
and
a
penalty
of
Eleven
Thousand
Dollars
($11,000.00)
against
Respondent
McDonough
will
deter
future
noncompliance
by’ the
Respondents
and
others.
5.
Compliance History:
The Respondents have no previously adjudicated violations of
the Act and Board Regulations.
VII.
TERMS OF SETTLEMENT
1.
The Respondents neither admit nor deny the violations as
alleged in the complaint against them.
2.
The
Respondents
shall
pay
the
following
penalties:
a.
Respondent
Des
Plaines
shall
pay
the
sum
of
Fifteen
Thousand Dollars
($15,000.00);
b.
Respondent McDonough Associates,
Inc.
shall pay the
sum
of
Eleven
Thousand
Dollars
($11,000.00).
Each penalty shall be paid within thirty
(30) days after the
date
on
which
the
Board
adopts
a
final
order
approving
this
Stipulation and Proposal for Settlement.
Each
payment
shall
be
made by certified check or
money
order,
payable to the Illinois
EPA, designated for deposit into the Environthental Protection
Trust
Fund,
and shall be sent
by
first
class
mail
to:
Illinois
Environmental
Protection
Agency
Fiscal
Services
-8-
1021
North
Grand
Avenue
East
P.O. Box 19276
Springfield,
IL
62794-9276
3.
Respondent Des Plaines FEIN number is
_____________
Respondent McDonough’s FEIN number is
.
The FEIN
number of each Respondent must be on each respective certified
check or money order.
For issues relating to the payment of the
penalty,
the Respondents may be reached at the following address:
Mr. David Wiltse, Attorney
City of Des Plaines
1420 Miner Street
Des Plaines, Illinois 60018
Mr. Andrew Ftacek
McDonough Associates,
Inc.
130 East Randolph
Suite 1000
Chicago,
Illinois,
60601
A copy of each certified check’ or money order,
and all
related correspondence,
shall be sent by first class mail
to:
Christopher Grant
Assistant Attorney General
Environmental Bureau
188 West Randolph,
20th
Fir.
Chicago, Illinois 60601
VIII.
CEASE AND DESIST
Respondents 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 IV.C.
of
this Stipulation and Proposal for Settlement.
-9-
Ix.
COMPLIANCE WITH OTHER LAWS AND REGULATIONS
This Stipulation and Proposal for Settlement in no way
affects Respondents’ 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
each
Respondent’s
payment
as
desbribed
in
paragraph
VII.2.
above,
and
each
Respondent’s
commitment
to
refrain from future violations of the Act and Board regulations,
Complainant
releases,
waives
and
discharges
each
Respondent
from
any further liability or penalties for violations of the Act and
regulations
.which
were
the
subject
matter
of
the
Complaint
herein, upon the payment of all monies owed.
However, nothing in
this Stipulation and Proposal for Settlement shall be construed
as a waiver by Complainant
of the right to redress future or
heretofore
undisclosed
violations,
or
obtain
penalties
with
respect thereto.
WHEREFORE,
Complainant
and
Respondents
request
that
the
Board
adopt
and
accept
the
foregoing
Stipulation
and
Proposal
for
Settlement
as
written.
—10-
AGREED:
FOR
THE
COMPLAINANT:
FOR
CITY
OF
DES
PL1AINES
JAMES
E.
RYAN
—
Attorney
General
of
the State of Illinois
Matthew
J.
Dunn,
Chief
Environmental Enforcement
/
Asbestos Litigation Division
By:
~
/~‘(
By:
—
ROSEMARIE
CAZEAU,
Chief
Title:
Environmental Bureau
Assistant Attorney General
Dated:
FEIN#
Dated:
By:
I
ENVIRONMENTAL
Dated:
,?—,
2-
—~
Z—
By:
Title:
Dated:
FEIN#
FOR
MCDONOUGH
ASSOCIATES,
INC.
ILLINOIS
PROr
ef Legal Counsel
-11-
AGREED
FOR
THE
COMPLAINANT:
FOR
CITY
OF
DES
PLAINES
By:
ROSEMARIE
CAZEAU,
Chief
Environmental Bureau
Assistant Attorney General
Dated:,,
ILLINOIS ENVIRONMENTAL
PROTECTION
AGENCY
By:
Dated:
JOSEPH E.
SVOBODA
Chief Legal Counsel
JAMES E.
RYAN
Attorney
General
of
the
State
of
Illinois
Matthew J.
Dunn,
Chief
Environmental
Enforcement!
Asbestos Litigation Division
By:
Title:
Dated:
FEIN#
FOR
MCDONOUGH
ASSOCIATES,
INC.
By:
Title:
~
c~,.’
Dated:
~uk4
~
~
FEIN#
,‘..~
3t.A~
~
z4
-;‘~•-
/~
AGREED:
FOR
THE
COMPLAINANT:
FOR
CITY
OF
DES
PLAINES
JAMES E. RYAN
By:
~
Attorney
General
of
“
the
State
of
Illinois
Title:
Dated:
~
/“Oc~
Matthew
J.
Dunn,
Chief
Environmental
Enforcement!
‘
FEIN#
3
~_(,
OCI
~
~/Gt
Asbestos
Litigation
Division
FOR MCDONOUGH ASSOCIATES,
INC.
By:
By:___________________
ROSEMARIE
CAZEAU,
Chief
Title:
Environmental
Bureau
Assistant Attorney General
Dated:
Dated:
___________________
FEIN#
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
By:
___________________
JOSEPH
E.
SVOBODA
Chief
Legal
Counsel
Dated:
_______________
-,~-13
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
-vs-
.
)
PCB No.
óJ-c~.3
CITY OF DES PLAINES,
an Illinois
municipal corporation, and
)
MCDONOUGH
ASSOCIATES,
INC.,
an Illinois corporation,
Respondents.
CERTIFICATE
OF
SERVICE
I,
CHRISTOPHER
GRANT,
an
attorney,
do
certify
that
I
caused
to
be
served
this
29th
day
of
August,
2002,
the
foregoing
Complaint,
Motion
to
Request
Relief
from
Hearing
Requirement,
and
Stipulation and Proposal for Settlement upon the persons listed
below by placing same in an envelope bearing sufficient postage
with the United States Postal Service located at 100
W. Randolph,
Chicago Illinois.
CHRISTOPHER
GRANT
Service List:
Mr.
David
R.
Wiltse,
Attorney
City of Des Plaines
1420
Miner
Street
Des Plaines, Illinois 60016-4498
Mr. Alan R.
Swanson, Vice President
McDonough Associates,
Inc.
130
East
Randolph
Street,
Suite
1000
Chicago, Illinois 60601
