RECE~W

BEFORE

THE

ILLINOIS POLLUTION

CONTROL

BOARD

CLERK

SEP

aS

2005

PEOPLE OF THE STATE OF

ILLINOIS,

)

Complainant,

)

-

)

vs.

)

PCB

(Enforcement)

LEONARD

FOSTER,

d/b/a

MOBILE

HOME

NOTICE

OF FILING

To:

Leonard Foster

d/b/a

Rivercrest Mobile

Home Park

6933

South

Route

45-52

Chebanse,

IL

60922

PLEASE TAKE NOTICE

that on this

date

I

mailed for filing with the

Clerk of the Pollution

Control Board

of the State of Illinois, 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

Environmenta

EnforcementIAsb~stos

LThgatioision

/

KRI

EFj.~L UGH

E

Assi

taiff Attor

e

al

Environmental’Bureau

500

South

Second Street

Springfield,

Illinois 62706

217/782-9031

Dated: September 6,

2005

---

CERTIFICATE

OF SERVICE

I

hereby certify

that

I

did on

September

6,

2005,

send

by

First Class

Mail, with

postage

thereon fully prepaid,

by depositing

in a United

States

Post Office Box a

true and

correct copy

of the following instruments

entitled

NOTICE OF FILING

and

STIPULATION AND

PROPOSAL

FOR SETTLEMENT:

To:

Leonard

Foster

dlbla

Rivercrest Mobile

Home

Park

6933 South

Route 45-52

Chebanse,

IL 60922

and

the original

and

ten copies

by

First Class

Mail with

postage thereon fullyprepaitoNhe

same foregoing

instrument(s):

To:

Dorothy

Gunn, Clerk

Illinois Pollution Control

Board

James

R.

Thompson

Center

Suite

11-500

100 West

Randolph

Chicago,

Illinois 60601

A copy was also sent

by

First

Class

Mail with

postage thereon fully prepaid

To:

Carol Webb

Hearing Officer

Illinois

Pollution

Control Board

1021

North

Grand Avenue East

P.O.

Box

19274

Springfield,

IL 62794-9274

This filing is submitted

on

recycled paper.

---

BEFORE THE ILLINOIS POLLUTION CONTROL

BOi~RECEIVED

CLERKSOFFICE

PEOPLE

OF THE

STATE OF

ILLINOIS,

)

SEP 092005

STATE OF ILLINOIS

Complainant,

)

Pollution Control Board

PCB 06-04

V.

(Enforcement)

Leonard Foster d/b/a Rivercrest

Mobile Home Park,

Respondent.

STIPULATION AND PROPOSAL

FOR SETTLEMENT

TABLE OF CONTENTS

I.

JURISDICTION

2

II.

AUTHORIZATION

2

III.

STATEMENT

OF FACTS

3

A.

Parties

3

B.

Site Description

3

C.

Allegations

of Non-Compliance

4

D.

Admission

of Violations

4

E.

Compliance

Activities

to Date

5

IV.

APPLICABILITY

6

V.

COMPLIANCE WITH OTHER LAWS AND REGULATIONS

7

VI.IMPACT

ON THE

PUBLIC RESULTING

FROM ALLEGED NON-COMPLIANCE

7

VII.

CONSIDERATION OF 42(h)

FACTORS

9

VIII.

TERMS OF SETTLEMENT

12

A.

Penalty

12

B.

Future Use

14

C.

Cease and Desist

15

---

D.

Release from Liability

15

E.

Right of Entry

17

F.

Correspondence,

Reports,

and Other Documents

17

G.

Enforcement

of Board Order

18

---

BEFORE THE

ILLINOIS

POLLUTION CONTROL BOARD

PEOPLE OF THE STATE OF

ILLINOIS,

Complainant,

PCB

06-04

v.

(Enforcement)

Leonard Foster d/b/a Rivercrest

Mobile Home

Park,

Respondent.

STIPULATION AND PROPOSAL

FOR SETTLEMENT

Complainant,

PEOPLE OF THE STATE OF

ILLINOIS,

by LISA

MADIGAN,

Attorney General

of

the State of

Illinois,

the Illinois

Environmental

Protection Agency

(“Illinois

EPA”),

and Leonard

Foster d/b/a Rivercrest

Mobile Home

Park(”Respondent”)

,

have

agreed

to the making of this Stipulation

and Proposal

for

Settlement

(“Stipulation”)

and submit

it

to the Illinois

Pollution Control Board

(“Board”)

for approval.

The parties

agree that

the statement

of facts

contained

herein represents

a

fair summary of the evidence

and testimony which would be

introduced by the parties

if

a hearing were

held.

The parties

further

stipulate

that

this statement

of

facts

is made and agreed

upon for purposes

of settlement

only and that neither

the

fact

1

---

that a party has entered 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 Board Order and not to contest their validity in

any subsequent proceeding to implement or enforce their terms.

I. JURISDICTION

The Board has jurisdiction of the subject matter herein and

of the parties consenting hereto pursuant to the Illinois

Environmental Protection Act

(“Act”), 415 ILCS 5/1

et

seq.

(2002)

.

II .AUTHORIZATION

The undersigned representatives for each party certify that

they are fully authorized by the party whom they represent to

enter into the terms and conditions of this Stipulation and to

legally bind them to it.

2

---

III.STATEMENT OF FACTS

A.

Parties

1.

On July 6th,

2005,

a Complaint was filed on behalf of

the People of the State

of Illinois by Lisa Madigan, Attorney

General

of the State of

Illinois,

on her own motion and upon the

request of the Illinois

EPA, pursuant

to Section 31 of the Act,

415 ILCS 5/31 (2002),

against the Respondent.

2.

The Illinois EPA is an administrative agency of the

State of

Illinois,

created pursuant

to Section

4 of the Act,

415

ILCS 5/4

(2002)

3. Respondent,

Leonard Foster,

has

at all times relevant

to

this Complaint owned and operated the Rivercrest Mobile Home Park

(“Park’)

B.

Site Description

1.

The Rivercrest Mobile Home Park is located

at 5800-5830

South River Road,

Chebanse,

Kankakee County,

Illinois

(“Park”)

2.

The Park includes

a Public Water Supply

(“PWS”)that has

17 service connections and serves approximately 35 residents.

The PWS

is located on the east end of the Park and is designed so

that water is pumped out of one well

(Well

#1)

to

a 500-gallon

pressure tank,

and distributed to the residences.

3

---

3.

On October 21,

2003,

Illinois EPA performed an

engineering evaluation of the Park’s PWS operations and observed

multiple violations,

including inadequate capacity and a rate of

delivery,

failure

to chlorinate the water before

it was

distributed,

and construction standards violations.

C.

Allegations of Non-Compliance

Complainant contends that the Respondent has violated the

following provisions of the Act and Board regulations:

Count

I:

Section 18 of the Act, 415 ILCS 5/18(2002),

35

Ill. Adm. Code 601.101,

653.109(d)

&

(e), and

654.202, and Sections 3.2.1.1 and 3.2.1.2 of the

1982 Recommended Standards

for Water Works.

Count

II:

Section

18(a) (1)

of the Act,

415 ILCS 5/18(a) (1)

(2002), and 35

Iii. Adm.

Code 606.101,

653.604(a),

and 611.240(g).

Count

III:

35 Ill. Adm.

Code. 653.103(a)

and Sections

3.2.7.5 and 3.2.5.8 of the 1982 Recommended

Standards for Water Works.

D.

Admission of Violations

The Respondent admits

to the violations alleged

in the

Complaint filed in this matter and referenced within Section

III.C herein.

4

---

E.

Compliance Activities

to Date

1.

To resolve the inadequate capacity and rate of

delivery,

a second well was completed pursuant to Permit

#0088-FY200S on December 21,

2004.

Illinois EPA inspected it and

confirmed that the Well was properly constructed.

The well

discharge

line contained a meter and sample tap.

2.

The Defendant obtained an Operating Permit for chlorine

disinfection at Wells #1 and #2

in January 2005.

Monthly

Operating Records and Coliform data sheets show that an

acceptable chlorine residual

is being maintained.

Illinois EPA

confirmed that the water discharged from the

2 wells

is being

chlorinated with sodium hypochiorite before entering

a 2,000

gallon pressure tank for storage and distribution.

Illinois EPA

confirmed a 0.20 mg/l free chlorine residual during his June 13

inspection.

3.

The Defendant extended the casing of Well

#1

approximately 3-4 feet above ground level.

A meter and sample

tap were installed on the well’s discharge line.

The underground

vault housing well #1 has been filled.

5

---

IV.APPLICABILITY

This Stipulation shall apply to and be binding upon the

Complainant and the Respondent,

and any officer, director,

agent,

or employee of the Respondent,

as well as any successors

or

assigns of the Respondent.

The Respondent shall

not raise as a

defense

to any enforcement action taken pursuant to this

Stipulation the failure of any of

its officers,

directors,

agents,

employees or successors or assigns to take such action as

shall be required to comply with the provisions of this

Stipulation.

1.

No change

in ownership,

corporate status or operator of the

facility shall

in any way alter the responsibilities of the

Respondent under this Stipulation and Proposal for Settlement.

In the event of any conveyance of title,

easement or other

interest in the facility,

the Respondent

shall continue to be

bound by and remain liable for performance of all obligations

under this Stipulation.

2.

In the event

that the Respondent proposes to sell or

transfer any real property or operations subject to any Order

accepting and adopting the terms of this Stipulation and Proposal

for Settlement,

the Respondent

shall notify the Complainant

30

6

---

days prior to the conveyance of title, ownership or other

interest,

including a leasehold interest in the facility or

a

portion thereof. The Respondent

shall make the prospective

purchaser or successor’s compliance with any Order accepting and

adopting the terms of this Stipulation a condition of any such

sale or transfer and shall provide

a copy of this Stipulation and

any Order accepting and adopting the terms of this Stipulation to

any such successor in interest.

This provision does not relieve

the Respondent from compliance with any regulatory requirement

regarding notice and transfer of applicable facility permits.

V. COMPLIANCE WITH OTHER LAWS AND REGULATIONS

This Stipulation

in no way affects the responsibilities of

the Respondent

to comply with any other federal,

state or local

laws or regulations including, but not limited

to,

the Act and

the Board regulations,

35

Ill. Adm.

Code,

Subtitles A through H.

VI. IMPACT ON THE PUBLIC RESULTING FROM ALLEGED NON-COMPLIANCE

Section 33(c)

of the Act,

415 ILCS 5/33(c) (2002), provides

as follows:

In making its orders and determinations,

the Board

shall take into consideration all the facts and

circumstances bearing upon the reasonableness

of the

emissions,

discharges,

or deposits involved including,

but not limited

to:

7

---

1.

the character and degree of injury to,

or

interference with the protection of

the health,

general welfare and physical property of the

people;

2.

the social and economic value of the pollution

source;

3.

the suitability or unsuitability of the pollution

source to the area in which it

is located,

including the question of priority of location

in

the area involved;

4.

the technical practicability and economic

reasonableness of reducing or eliminating the

emissions,

discharges or deposits resulting from

such pollution source;

and

5.

any subsequent

compliance.

In response to these factors,

the Complainant states the

following:

1.

Human health and the environment were threatened by the

Respondent’s violations.

2.

There is social and economic benefit to the PWS at the

Park.

3.

Operation of the PWS is suitable for the area which

it

is

in.

4.

Operating

a PWS with adequate capacity and rate of

delivery,

disinfecting the water with chlorine,

and following the

construction standards are both technically practicable and

economically reasonable.

8

---

5.

Respondent has subsequently complied with the Act and

the Board Regulations.

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 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 respondent

in attempting

to comply

with requirements of this Act and regulations

thereunder or to secure relief therefrom as

provided by this Act;

3.

any economic benefits accrued by the respondent

because of delay in compliance with requirements,

in which case the economic benefits shall

be

determined by the lowest cost alternative for

achieving compliance;

4.

the amount of monetary penalty which will serve to

deter further violations by the respondent and

to

otherwise aid

in enhancing voluntary compliance

with this Act by the respondent and other persons

similarly subject to the Act;

5.

the number, proximity in

time,

and gravity of

previously adjudicated violations

of this Act by

the respondent;

6.

whether the respondent voluntarily self-disclosed,

in accordance with subsection

i

of this Section,

the non-compliance

to the Agency;

and

9

---

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 parties

state as

follows:

1.

The Respondent failed

to have adequate capacity and

rate of delivery and follow the proper construction standards

from October

2003 until November 2004.

Until Respondent received

a permit,

the Respondent failed

to chlorinate its water before

pumping

it into the distribution system and failed to maintain

a

minimum of free chlorine residual of

0.2 mg/l or a minimum

combined residual

of

0.5 mg/l

in all active parts of the

distribution system.

2.

Respondent eventually 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.

3.

No economic benefit was accrued.

4.

Complainant has determined,

based upon the specific

facts of this matter,

that

a penalty of three thousand five

hundred dollars

($3,500.00)

will serve to deter further

10

---

violations 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.

The settlement

of this matter does not include

a

supplemental environmental project.

11

---

VIII. TERMS OF SETTLEMENT

A.

Penalty Payment

1.

The Respondent

shall pay a civil penalty in the sum of

Three Thousand Five Hundred Dollars

($3,500.00) within thirty

(30)

days from the date the Board adopts and accepts this

Stipulation.

The Respondent stipulates

that payment has been

tendered to Respondent’s attorney of record in this matter in a

form acceptable to that attorney.

Further, Respondent stipulates

that said attorney has been directed to make the penalty payment

on behalf of Respondent, within thirty

(30)

days from the date

the Board adopts and accepts this Stipulation,

in

a manner

prescribed below.

The penalty described in this Stipulation

shall be paid by certified check, money order or electronic funds

transfer payable to the Illinois EPA,

designated to the Illinois

Environmental Protection Trust Fund and submitted to:

Illinois Environmental Protection Agency

Fiscal Services Section

1021 North Grand Avenue East

P.O.

Box 19276

Springfield,

IL 62794-9276

The name and number of the case shall appear on the check.

A

copy of the certified check, money order or record of electronic

funds transfer and any transmittal

letter shall

be sent

to:

12

---

Kristen Laughridge

Assistant Attorney General

Environmental Bureau

500 South Second Street

Springfield,

Illinois

62702

Tom Andryk

Assistant Counsel

Illinois Environmental Protection Agency

1021 North Grand Avenue East

P.O.

Box 19276

Springfield,

Illinois 62794-9276

2.

Pursuant

to Section 42(g)

of the Act,

415 ILCS 5/42(g)

(2002)

,

interest shall accrue on any payment not paid within the

time period prescribed above at the maximum rate allowable under

Section

1003(a)

of the Illinois Income Tax Act,

35 ILCS 5/1003

(2002)

.

Interest on any unpaid payment

shall begin to accrue

from the date the payment

is due and continue to accrue until the

date payment is received.

When partial payment(s)

are made,

such

partial payment

shall

be first applied to any interest on unpaid

payment then due and owing.

All interest on payment owed shall

be paid by certified check, money order or electronic funds

transfer,

payable to the Illinois EPA,

designated to the Illinois

Environmental Protection Trust Fund and delivered to the address

and

in the manner described above.

3.

For purposes of payment and collection,

Respondent may

be reached at the following address:

Mr.

Leonard Foster

13

---

6933

5.

Route 45-52

Chebanse,

Illinois

60922

4.

In the event of default

of this Section VIII.A,

the

Complainant

shall be entitled to all available relief including,

but not limited to,

reasonable costs of collection and reasonable

attorney’s

fees.

B.

Future Use

Notwithstanding any other language in this Stipulation to

the contrary,

and in consideration of the mutual promises and

conditions contained in this Stipulation,

including the Release

from Liability contained

in Section VIII.F,

below,

the Respondent

hereby agrees that this Stipulation may be used against the

Respondent

in any subsequent enforcement action or permit

proceeding as proof

of

a past adjudication of violation of the

Act and the Board Regulations promulgated thereunder

for all

violations alleged

in the Complaint in this matter,

for purposes

of Section 39(a)

and

(i)

and/or 42(h)

of the Act,

415 ILCS

5/39(a)

and(i)

and/or 5/42(h) (2002).

Further,

Respondent agrees

to waive any rights to contest,

in any subsequent enforcement

action or permit proceeding,

any allegations that these alleged

violations were adjudicated.

14

---

C.

Cease and Desist

The Respondent

shall cease and desist from future violations

of the Act and Board Regulations

that were the subject matter of

the Complaint as outlined in Section III.C

(“Allegations

of Non-

Compliance”)

of this Stipulation.

D.

Release from Liability

In consideration of the Respondent’s payment

of the

$3,500.00 penalty and any specified costs and accrued interest,

completion of all activities required hereunder,

to Cease and

Desist as contained in Section VIII.E and upon the Pollution

Control Board’s acceptance and approval

of the terms of this

Stipulation and Proposal for Settlement,

the Complainant

releases, waives and discharges the Respondent from 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 July 6th,

2005.

The Complainant reserves,

and this

Stipulation is without prejudice

to,

all 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;

15

---

b.

liability for future violation of state,

federal,

local,

and common laws and/or regulations;

c.

liability for natural resources damage arising out of

the alleged violations;

and

d.

liability or claims based on the Respondent’s failure

to satisfy the requirements of this Stipulation.

Nothing in this Stipulation

is intended as

a waiver,

discharge,

release,

or covenant not to sue for any claim or cause

of action,

administrative or judicial,

civil

or criminal,

past or

future,

in law or

in equity,

which the State

of Illinois or the

Illinois EPA may have against any person,

as defined by Section

3.315 of the Act,

415 ILCS 5/3.315,

or entity other than the

Respondent.

16

---

E.

Right of 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

of 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 the Attorney 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

Sections VIII.A (“Penalty Payment”)

of this Stipulation shall

be

submitted as follows:

As to the Complainant

Kristen Laughridge

Assistant Attorney General

Environmental Bureau

500 South Second Street

Springfield,

Illinois 62702

Tom Andryk

Assistant Counsel

Illinois EPA

1021 North Grand Avenue East

P.O.

Box 19276

Springfield,

Illinois 62794-9276

17

---

As to the Respondent

Mr. Gregory Deck

Deck

& Baron

200 East Court Street

Suite 408,

P.O. Box 693

Kankakee,

IL

60901-5133

G.

Enforcement of Board Order

1.

Upon the entry of the Board’s Order approving and

accepting this Stipulation and Proposal for Settlement,

that

Order is

a binding and enforceable order of the Illinois

Pollution Control Board and may be enforced as such through any

and all available means.

2.

Respondent agrees that notice

of any subsequent

proceeding to enforce the Board Order approving and accepting

this Stipulation and Proposal for Settlement may be made by mail

and waives any requirement of service of process.

3.

The parties agree

that,

if the Board does not approve

and accept this Stipulation and Proposal for Settlement,

then

neither party is bound by the terms herein.

4.

It

is the intent of the Complainant and Respondent

that

the provisions of this Stipulation and Proposal

for Settlement

and any Board Order accepting and approving such shall

be

severable,

and should any provision be declared by a court

of

competent jurisdiction to be inconsistent with state

or federal

18

---

law,

and therefore unenforceable,

the remaining clauses

shall

remain in full force and effect.

19

---

WHEREFORE,

Complainant and Respondent request

that the Board

adopt and accept the foregoing Stipulation and Proposal for

Settlement as written.

PEOPLE OF THE STATE OF ILLINOIS,

LISA MADIGAN

Attorney General

State of

Illinois

MATTHEW J.

DUNN,

Chief

Environmental Enforcement/

Asbestos Litigation Division

THOMAS DAVIS,

Chief

Environmental Bureau

Assistant Attorney General

DATE:

ILLINOIS ENVIRONMENTAL PROTECTION

AGENCY

ROBERT A. MESSINA

Chief Legal Counsel

II—

DATE:

___________

Leonard Foster

DATE:

BY

BY:

BY:

20