BEFORE THE ILLINOIS POLLUTION CONTROL
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
)
PCE 97-116
(Enforcement-Water)
DIXON-MARQUETTE CEMENT,
INC.,
an Illinois corporation and
a division of Prairie Material
Sales,
Inc.,
Respondent.
NOTICE OF FILING
TO:
SEE ATTACHED SERVICE LIST
PLEASE TAKE NOTICE that we have today filed with the Clerk of
the Illinois Pollution Control Board a Stipulation and Proposal for
Settlement,
an Agreed Motion to Request Relief from the Hearing
Requirement and a Certificate of Service,
copies of which are
attached herewith and served upon you.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS,
JAIVIES
E.
RYAN, Attorney General
of the State of Illinois
BY
~
~
MARY RO E
.
SILVA(
Assista t
ttorney ‘general
Environmental Bureau
100 W.
Randolph St., 11th Fl.
Chicago,
Illinois 60601
(312) 814-5282
DATED:
~/f3/98
THIS FILING
IS SUBMITTED ON RECYCLED PAPER
APR 1 31998
STATE OF
~WNO~S
IPOLWTION CONTROL BOARD
SERVICE
LIST
Via Hand Delivery
John Burds
Hearing Officer
Illinois Pollution Control Board
JRTC,
100 West Randolph Street
Suite 11-500
Chicago,
Illinois 60601
Via Regular U.S.
Mail
Scott
R. Marquardt
Connolly,
Ekl & Williams,
P.C.
115 West 55th Street,
Suite 400
Clarendon Hills,
IL 60514
CL~K’S
O~ICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
APR 131998
PEOPLE
OF
THE
STATE
OF
ILLINOIS,
STATE OHLLINOIS
POLLUTION
CONTROL BOARD
Complainant,
v.
)
PCB 97-116
(Enforcement-Water)
DIXON-MARQUETTE
CEMENT,
INC.,
an Illinois corporation and
a division of Prairie Material
Sales,
Inc.,
Respondent.
STIPULATION AND PROPOSAL FOR SETTLEMENT
Complainant,
PEOPLE OF THE STATE OF ILLINOIS, 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”), and Respondent, DIXON-MARQUETTE CEMENT,
INC.
(“DMC”), do hereby submit this Stipulation and Proposal for
Settlement.
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 was 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,
or 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 and Proposal for Settlement by the parties to this
agreement.
Notwithstanding the previous sentence, for purposes of
Section 42(h)
of the Illinois Environmental Protection Act
(“Act”),
415 ILCS 5/42(h)
(1996),
this Stipulation and Proposal for
Settlement and any Pollution Control Board
(“Board”)
order accepting
same may be used in any future enforcement action as evidence of a
past adjudication of violations of the Act.
This agreement shall be
null and void unless the Board approves and disposes of this matter
on each and every one of the terms and conditions of the settlement
set forth herein.
I.
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.
(1996)
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 Respondent and any officer,
2
agent, employee or servant of Respondent,
as well as the
Respondent’s successors and assigns.
The Respondent shall not raise
as 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 his own motion and at the request of the Illinois EPA
pursuant to the statutory authority vested in him under Section 31
of the Act, 415 ILCS
5/31
(1996)
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
(1996), and charged,
inter alia,
with the duty of enforcing the Act.
The Illinois EPA is further charged with the duty to administer and
abate violations of the National Pollutant Discharge Elimination
System
(“NPDES”) permit program under the Federal Clean Water Act
(“CWA”),
33 U.S.C. Section 1342(b) (7).
3.
DMC has been and is a corporation duly organized and
existing under the laws of the State of Illinois.
DMC is also a
division of Prairie Material Sales,
Inc.
3
B.
FACILITY DESCRIPTION
DMC operates a 1,500-acre limestone quarry and kiln plant
for
the production of portland cement,
as well as a wastewater treatment
plant
(“WWTP”)
located at 1914 White Oak Lane,
Dixon, Lee County,
Illinois
(“Site”)
.
The WWTP is a package plant of 0.25 million
gallons per day average flow,
and it consists of a primary tank,
aeration basin and chlorination facilities.
DMC’s WWTP discharges
cooling water,
storm water runoff and sewage treatment plant
effluent into the Rock River.
C.
ALLEGED VIOLATIONS
Complainant,
People of the State of Illinois,
filed a four-
count complaint against Respondent,
DMC, on December 31,
1996.
The
complaint alleges,
in pertinent part,
the following violations:
Count
I:
Discharging Without a Valid NPDES Permit
-
violations
of Sections 309.102(a)
and 309.104(a)
of
the Board’s Water Pollution Regulations,
35 Ill.
Adm. Code 309.102(a)
and 309.104(a), and Section
12(f)
of the Act, 415 ILCS 5/12 (f)
(1996)
Count II:
Failure to Comply With Reporting Requirements
-
violations
of Special Condition 5 and Standard
Condition 12(d) (1)
of NPDES Permit No. IL0003514,
Sections 305.102(a) and
(b) and 309.102(a)
of the
Board’s Water Pollution Regulations,
35 Ill.
Adm.
Code 305.102(a)
and
(b)
and 309.102(a),
and Section
12(f)
of the Act,
415 ILCS 5/12(f)
(1996).
Count
III:
Failure to Retain Records
-
violations
of Standard
Condition
10(b)
of NPDES
Permit No.
IL00035l4,
Sections
305.102(b)
and
309.102(a)
of the Board’s
Water Pollution Regulations,
35
Ill. Adm.
Code
305.102(b)
and 309.102(a),
and Section
12(f)
of the
4
Act,
415 ILCS 5/12(f)
(1996)
Count
IV:
Failure to Have
a Certified Class K Operator
-
violations
of Special Condition 7 of NPDES Permit
No. IL00035l4,
Section 309.102(a)
of the Board’s
Water Pollution Regulations,
35 Ill. Adm. Code
309.102(a), and Section 12(f)
of the Act, 415 ILCS
5/12(f)
(1996)
V.
NATURE OF RESPONDENT’S OPERATIONS
DMC’s operations include the excavation, crushing, transporting
and processing of limestone for the manufacture of portland cement.
Located on the property is DMC’s WWTP,
as described herein.
VI.
EXPLANATION OF PAST FAILURES TO COMPLY WITH THE ACT
DMC contends that its past failures to comply with the Act was
primarily due to its employee’s failure to notify corporate
superiors or officers regarding the Illinois EPA’s allegations of
non-compliance.
VII.
FUTURE
PLANS
OF
COMPLIANCE
Respondent shall comply with the Act and the Board’s
Regulations and all permits issued thereunder, and shall cease and
desist from future violations
of the Act and the regulations
promulgated thereunder.
5
VIII.
CONSIDERATION OF SECTION 33(c)
FACTORS
Section 33(c)
of the Act, 415 ILCS 5/33(c)
(1996), 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, Complainant contends that
Respondent has violated the sections of the Act and Board
Regulations,
as provided herein.
Respondent neither admits nor
denies any violation of the Act and Board’s Regulations.
In
addition,
the parties state as follows:
6
1.
The impact to the public resulting from DMC’s non-
compliance was that the Illinois EPA and the public were not privy
to information that is important to the control of water pollution
in Illinois.
Also,
the Illinois EPA and the public were not privy
to complete information regarding Respondent’s point source
discharges and the content of such discharges from the facility.
The permit process and reporting requirements prescribed therein are
dependent upon self-reporting by dischargers and are the primary
methods available to the State to identify possible water pollution
sources and their control;
2.
The parties agree that DMC is of social and economic
benefit;
3.
DMC is suitable for the area in which it is located;
4.
Complying with the requirements of the Act and the
Board’s Regulations is both technically practicable and economically
reasonable; and
5.
DMC did subsequently comply with some of the Board’s
Water Pollution Regulations and the conditions of NPDES Permit No.
1L0003514 by obtaining the necessary NPDES permit and by acquiring
the proper Class K operator certification for those employees
required to be certified by law.
DMC has failed to maintain copies
of Discharge Monitoring Reports
(“DMRs”)
from July 1992 to February
1,
1993 in its files.
7
IX.
CONSIDERATION OF SECTION 42(h)
FACTORS
Section 42(h)
of the Act,
415 ILCS 5/42(h)
(1996), 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
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
5.
the number, proximity in time, and gravity of
previously adjudicated violations of this Act by the
violator.
In response to these factors, Complainant contends that
Respondent violated the Act and Board’s Regulations,
as provided
herein.
Respondent neither admits nor denies any violation of the
Act and the Board’s Regulations,
as set forth herein.
In addition,
the parties state as follows:
8
1.
The duration of the violations alleged in Counts I,
III
and IV of the complaint was approximately three years.
With respect
to the violations alleged in Count II of the complaint,
Respondent
still has not submitted DMR5 for July 1992 to February 1993 because
it cannot find copies of said DMR5 in its files;
2.
DMC applied to renew its NPDES Permit in May 1995 and was
reissued NPDES Permit No. IL00035l4 in September 1995.
The pertinent
employees at DMC received Class K operator certification on June 6,
1995;
3.
DMC may have accrued some economic benefit by avoiding
costs related to the preparation and submittal of an NPDES permit
renewal application,
the preparation and submittal of DMR5,
and the
certification of its WWTP operators;
4.
Complainant has determined that a Forty Thousand Dollar
($40,000.00) penalty will serve to deter any future
violations and
aid in future voluntary compliance of the Act and Board Regulations;
and
5.
Respondent has no record of previously adjudicated
violations of the Act.
x.
TERMS
OF
SETTLEMENT
1.
Complainant contends that Respondent violated the Act,
Board’s Regulations and conditions of its NPDES permit,
specifically
9
Section 12(f)
of the Act,
415 ILCS 5/12(f)
(1996),
35 Ill. Adm.
Code
305.102(a),
309.102(a) and 309.104(a), and Standard Conditions
10(b)
and 12(d) (1) and Special Conditions
5 and 7 of NPDES Permit No.
IL0003514.
Respondent neither admits nor denies violating said
sections of the Act,
Board’s Regulations and said conditions
of
NPDES Permit No. IL00035l4.
2.
Respondent shall pay a penalty of Forty Thousand Dollars
($40,000.00) by certified check or money order made payable to the
Treasurer of the State of Illinois and designated to the
Environmental Protection Trust Fund.
Payment shall be made within
thirty
(30)
days from the date on which the Board adopts a final
order approving this Stipulation and Proposal for Settlement.
Payment shall be made by certified check or money order,
payable to the Treasurer of the State of Illinois, designated to the
Illinois Environmental Protection Trust Fund,
and shall be sent by
first class mail to:
Illinois Environmental Protection Agency
Fiscal Services Division
1021 North Grand Avenue East
P.O. Box 19276
Springfield,
IL 62794-9276
On the check or money order, Respondent shall include the case name
and number,
and Respondent’s Federal Employer Identification Number
(“FErn”)
362368188.
10
3.
Pursuant to Section 42(g)
of the Act,
415 ILCS 5/42(g)
(1996),
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)
(1996)
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 the unpaid amount then owing.
c.
All interest on amounts owed the Complainant shall
be paid by certified check payable to the Treasurer of the State of
Illinois for deposit in the Environmental Protection Trust Fund and
delivered to:
Illinois Environmental Protection Agency
Fiscal Services Division
1021 North Grand Avenue East
P.O. Box 19276
Springfield,
IL 62794-9276
The name and number of the case and Respondent’s FEIN shall appear
on the face of the check.
Respondent’s FEIN is 362368188.
4.
For purposes of payment and collection,
Respondent may be
reached at the following address:
Dixon-Marquette Cement,
Inc.
1914 White Oak Lane
Dixon, Illinois 61021
11
5.
Respondent
shall:
a.
At all times maintain valid permits for its WWTP and
all point source discharges at the Site,
as required by the Act and
the Board’s Regulations;
b.
Submit DMR5 to the Illinois EPA as required by the
Board’s Regulations and DMC’s NPDES permit;
c.
At all times maintain qualified persons to operate
its WWTP,
as required by the Board’s Regulations and DMC’s NPDES
permit;
and
d.
At all times properly maintain its records, as
required by the Board’s Regulations and DMC’s NPDES permit.
6.
Respondent shall cease and desist from future violations
of the Act and regulations promulgated thereunder.
XI.
COMPLIANCE WITH OTHER LAWS AND REGULATIONS
This Stipulation and Proposal for Settlement in no way affects
Respondent’s responsibility to comply with any federal,
state or
local regulations,
including but not limited to, the Act, 415 ILCS
5/1
et seq.
(1996), and the Board’s Water Pollution Regulations,
35
Ill. Adm.
Code Subtitle C,
Chapter
I.
12
XII.
RIGHT
OF
ENTRY
In addition to any other authority,
the Illinois EPA,
its
employees and representatives, and the Illinois Attorney General,
and his/her agents and representatives, shall have the right of
entry to Respondent’s facility at all reasonable times,
for the
purposes of conducting inspections.
In conducting such inspections
of Respondent’s facility the Illinois EPA, its employees and
representatives, and the Attorney General, and his/her agents and
representatives may take any photographs or samples as they deem
necessary in order to conduct their inspection.
XIII.
RELEASE
FROM
LIABILITY
In consideration of Respondent’s payment of a Forty Thousand
Dollar ($40,000.00) penalty and commitment to refrain from future
violations of the Act,
the Complainant shall release, waive and
discharge Respondent from any further liability or penalties from
violations
of the Act which were the subject matter of the
complaint,
upon receipt by Complainant of all payments required in
Section X.
of this Stipulation and Proposal for Settlement.
However, nothing in this Stipulation and Proposal for Settlement
shall be construed to waive or estop Complainant of the right to
redress future violations or obtain penalties with respect thereto.
13
WHEREFORE,
Complainant and Respondent request that the Board
adopt and accept the foregoing Stipulation and Proposal for
Settlement
as written.
AGREED:
FOR THE COMPLAINANT:
PEOPLE OF THE STATE OF ILLINOIS
JAMES
E.
RYAN
Attorney General
State of Illinois
MATTHEW J. DUNN,
Chief
Environmental Enforcement/
Asbestos Litigation Division
BY:
/A~~7
WILLIAM D.
SEITH, Chief
Environmental Bureau
Assistant Attorney General
Dated:
FOR THE RESPONDENT:
DIXON-MARQUETTE CEMENT,
INC.
BY:
Vice President
Praire Material
Gcrviao-o-,
Inc.
Soje~
Dated:
__________
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY
BY:
~
(J?SEPH’E. SVOBODA
‘~4’eneralCounsel
Division of Legal Counsel
c:\dixon.stp
Dated:
14
BEFORE THE ILLINOIS POLLUTION CONTROL BO
‘1998
PEOPLE OF THE STATE OF ILLINOIS,
)
STATE OF ILLINOIS
POLLUTION CONTROL BOARD
Complainant,
v.
)
PCB 97-116
(Enforcement-Water)
DIXON-MARQUETTE CEMENT,
INC.,
an Illinois corporation and
a division of Prairie Material
Sales,
Inc.,
Respondent.
AGREED MOTION TO REQUEST
RELIEF FROM THE HEARING REOUIREMENT
NOW COME Complainant,
PEOPLE OF THE STATE OF ILLINOIS, by JAMES
E.
RYAN, Attorney General of the State of Illinois, and Respondent,
DIXON-MARQUETTE CEMENT,
INC.
(“DMC”), by its counsel, and request
relief from the hearing requirement in the above-captioned matter.
In support of this motion, the parties state as follows:
1.
On December 31,
1996,
the People of the State of Illinois
filed with the Illinois Pollution Control Board (“Board”)
the
complaint against DMC.
2.
Today, the parties filed a Stipulation and Proposal for
Settlement.
3.
Section 31(c) (2)
of the Illinois Environmental Protection
Act (“Act”),
415 ILCS 5/31(c) (2)
(1996), provides in pertinent part
as follows:
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).
.
4.
The parties hereto 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.
5.
Counsel for Respondent has been made aware of the
contents of this Motion and has agreed to waive signature of same.
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
JAMES
E.
RYAN
Attorney General
State of Illinois
MATTHEW
J.
DUNN,
Chief
Environmental Enforcement/Asbestos
Litigation Division
WILLIAM D.
SEITH, Chief
Environment~lBureau
BY:
ROSE’ D.
ILVA
/
Assistant
t orney Gen~al
Environmen
Bureau
100 W. Randolph St., 11th Fl.
Chicago,
Illinois 60601
(312) 814-5282
DATED:
1/1-3/98’
/
2
CERTIFICATE OF SERVICE
I,
MARY
ROSE D.
SILVA, an Assistant Attorney General in this
case,
do certify that on this
____
day of April 1998,
caused to be
served by First Class U.S. Mail the foregoing Notice of Filing,
Stipulation and Proposal for Settlement and Agreed Motion to Request
Relief from the Hearing Requirement upon:
Scott
R.
Marquardt
Connolly,
Ekl & Williams,
P.C.
115 West 55th Street,
Suite 400
Clarendon Hills,
IL 60514
by U.S. Mail and depositing same in a U.S. Mail depository located
at 100 W. Randolph Street,
Chicago, Illinois,
in an envelope with
sufficient postage prepaid; and
John Burds
Hearing Officer
James
R. Thompson Center
100 West Randolph
Suite 11-500
Chicago,
Illinois 60601
by hand delivery.
C: \WPWIN6O\WPDOCS\NOTICE\DIXON7 .NT
