BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
V.)
No. PCB 06-42
WASTE MANAGEMENT OF ILLINOIS, TNC.,)
a Delaware corporation,
Respondent.
NOTICE OF FILING
PLEASE TAKE NOTICE that we have today, January 18, 2006,
tiled with the Office of the Clerk of the Illinois Pollution
Control Board a Stipulation and Proposal for Settlement, and
Motion to Waive the Requirement of a Hearing, by electronic
filing.
Copies of these documents are attached.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA
IGA
Attor'eyIGe~ne al of te
BY:
CHRISTOPHEr GRANT
Assistant Attorney General
Environmental Bureau
188 W. Randolph St.,
2
0 th
Flr.
Chicago, IL 60601
(312) 814-5388
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE JANUARY 18, 2006
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
V.)
No. PCB 06-42
WASTE MANAGEMENT OF ILLINOIS, INC.,)
a Delaware corporation,
Respondent.
MOTION TO REQUEST RELIEF FROM HEARING REQUIREMENT
NOW COMES the Complainant, PEOPLE OF THE STATE OF ILLINOIS,
by LISA MADIGAN, Attorney General of the State of Illinois, and
requests relief from the requirement of a hearing in this matter.
In support thereof, the Complainant states as follows:
1.
Along with this Motion, Complainant is filing a
Stipulation and Proposal for Settlement executed between
Complainant and Respondent, WASTE MANAGEMENT OF ILLINOIS, INC.
2. Section 31 of the Act, 415 ILCS 5/31 (2004), provides, in
pertinent part, as follows:
Cc) (2)
Notwithstanding the provisions of subdivision Cl)
of this subsection Cc)
,
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)..
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
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE JANUARY 18, 2006
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 now scheduled in this matter.
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) (2004).
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
by LISA MADIGAN,
Attorney General of the
State of Illinois
MATTHEW J. DUNN, Chief
Environmental Enforcement/Asbestos
Litigation Division
BY :
_
_
_
_
_
_
_
_
_
_
_
_
CHRISTOPHER GRANT
Assistant Attorney General
Environmental Bureau
188 W. Randolph St., #2001
Chicago, Illinois 60601
(312) 814-5388
-2-
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE JANUARY 18, 2006
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
V.)
No. PCB 06-42
WASTE MANAGEMENT OF ILLINOIS, INC.,)
a Delaware corporation,
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 WASTE
MANAGEMENT OF ILLINOIS, INC. ("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 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
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE JANUARY 18, 2006
othdrwise 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.
(2 004)
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.
III. STATEMENT OF FACTS
A.
Parties
1.
On September 13, 2005, a Complaint was filed on behalf
of the People of the State of Illinbis 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 (2004), 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
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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE JANUARY 18, 2006
ILCS 5/4 (2004).
3.
At all times relevant to the Complaint, Respondent was,
and is, a Delaware corporation that is authorized to transact
business in the State of Illinois.
B.
Site Description
1.
At all times relevant to the Complaint, the Respondent
operated an Illinois EPA-permitted municipal solid waste
landfill, commonly known as Prairie Hill Recycling, and Disposal
("Prairie Hill")
.
Prairie Hill is located in Morrison, Whiteside
County, Illinois, and is owned by the County of Whiteside.
Neither the Respondent nor the County of Whiteside are permitted
to dispose of hazardous waste at Prairie Hill.
2.
On July 20, 2004, the Respondent picked up hazardous
waste, in the form of benzene-contaminated Styrofoam ("waste
Styrofoam"), from a petroleum storage and distribution facility
operated by Magellan Pipeline Company. The Respondent
transported the waste Styrofoam to Prairie Hill, and discarded
the waste in an active disposal cell.
3.
On July 22, 2004, the Respondent notified Illinois EPA
that it had accepted hazardous waste.
4.
On July 23, 2004, the Respondent excavated the waste
Styrofoam and disposed of the waste Styrofoam at a facility
permitted for the disposal of hazardous waste.
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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE JANUARY 18, 2006
C.
Allegations of Non-Compliance
Complainant contends that the Respondent has violated the
following provisions of the Act and Board regulations:
Count I:
VIOLATION OF LANDFILL OPERATING PERMIT, in
violation of Section 21(d) (1) of the Act, 415
ILCS 5/21(e) (2004).
Count II:
ACCEPTING HAZARDOUS WASTE WITHOUT A RCRA
HAZARDOUS WASTE PERMIT, in violation
of
Sections
21(f) (1), 21(f) (2), and 21(o) of the Act, 415
ILCS
5/21 (f)
(1)
,
5/21 (f) (2)
,
and 5/21(o) (2004),
and 35
Ill.
Admn.
Code
703.121(a).
Count III:
VIOLATION OF REGULATIONS APPLICABLE TO
TRANSPORTERS OF HAZARDOUS WASTE, in violation of
Section 21( f) (2)of the Act, 415 ILCS 5/21 (f) (2)
(2004), and 35 Ill. Adm. Code Sections 723.120(a)
and 723.111.
D.
Response to Allegations
The Respondent neither admits nor denies the violations
alleged in the Complaint filed in this matter and referenced
herein.
IV. APPLICABILITY
This Stipulation shall apply to and be binding upon the
Complainant and the Respondent, and any officer, director, agent,
or eniployee 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,
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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE JANUARY 18, 2006
agents, employees or successors or assigns 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 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 Cc) of the Act, 415 ILCS 5/33 (c) (2004)
,
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 dconomic
reasonableness of reducing or eliminating the
emissions, discharges or deposits resulting from
such pollution source; and
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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE JANUARY 18, 2006
5.
any subsequent compliance.
In response to these factors, the parties state the
following:
1.
The alleged violations threatened human health and the
environment through placement of hazardous waste within a
landfill not qualified to manage hazardous waste.
2.
There is social and economic benefit to Respondent's
activities at its facility.
3.
Respondent's disposal activities are appropriate at the
Prairie Hill landfill, provided the Respondent manages municipal
solid waste in accordance with its Illinois EPA-issued permit,
and the pertinent sections of the Act, and Board waste disposal
regulations.
4.
Disposal of hazardous waste at a properly permitted
facility is both technically practicable and economically
reasonable.
S.
The Respondent has removed the waste Styrofoam from
.Prairie Hill, and disposed of the waste at a properly permitted
hazardous waste management facility.
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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE JANUARY 18, 2006
VII. CONSIDERATION OF SECTION 42(h) FACTORS
Section 42 (h) of the Act, 415 ILCS 5/42(h) (2004)
,
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, prokimity 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
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
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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE JANUARY 18, 2006
which the respondent is not otherwise legally
required to perform.
In response to these factors, the parties state as follows:
1.
Complainant has alleged that the violations continued
from July 20, 2004 until July 23, 2004.
2.
The Respondent was diligent in reporting the
unpermitted disposal once it learned of the waste's proper
characterization as hazardous, as required by its permit.
The
Respondent also promptly removed the waste from the Prairie Hill
landfill.
3.
The Respondent may have gained economic benefit from
disposal of hazardous waste at a municipal solid waste landfill.
However, the penalty obtained negates any economic benefit
accrued as a result of the Respondent's alleged noncompliance.
4.
Complainant has determined, based upon the specific
facts of this matter, that a penalty of Twenty Thousand Dollars
($20,000.00)
will serve to deter further violations and aid in
future voluntary compliance with the Act and Board regulations.
5.
Complainant's records indicate one previously
adjudicated violation of the Act, Case Number 00 CR 66 (Grundy
County)
.
This matter involved allegations of water pollution and
improper discharge to a municipal sewage treatment plant, and was
resolved through consent order.
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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE JANUARY 18, 2006
6.
Although the Respondent reported the disposal of
hazardous waste at Prairie Hill to Illinois EPA, such report was
required under its Illinois EPA permit.
7.
The settlement of this matter does not include a
supplemental environmental project.
VIII. TERMS OF SETTLEMENT
A.
Penalty Payment'
1.
The Respondent shall pay a civil penalty in the sum of
Twenty Thousand Dollars ($20,000.00) within thirty (30) days from
the date the Board adopts and accepts this Stipulation. The
Respondent stipulates that payment has bean tendere d 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
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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE JANUARY 18, 2006
The name and number of the case and Respondent's Federal
Employer Identification Number (FEIN), 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:
CHRISTOPHER GRANT
Assistant Attorney General
Environmental* Bureau
188 W. Randolph St.,
2
0 th
Floor
Chicago, Illinois 60601,
and,
PAUL JAGIELLO
Assistant Counsel
Illinois Environmental Protection Agency
9511 West Harrison
Des Plaines, IL
60016
2.
Pursuant to Section 42(g) of the Act, 415 ILCS 5/42(g)
(2004), 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
(2004)
.
Interest on any unpaid payment shall begin to accrue
from the date the payment is due and cohtinue 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
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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE JANUARY 18, 2006
Environmental Protection Trust Fund and delivered to the address
and in the manner described above.
3.
For purposes of payment and collection, the Respondent
may be reached at the following address:
Mr. Dennis Wilt
Waste Management of Illinois, Inc.
720 East Butterfield Road
Lombard, Illinois 60148
4.
In the event of default of this Section VTTI.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 consideratioh of the mutual promises and
conditions contained in'this Stipulation, including the Release
from Liability contained in Section VIII.D, below, the Respondent
hereby agrees that this Stipulation may be used against the
Respondent in any subsequent enforceme nt action or permit
proceeding as proof of a past adjudication of violation of the
Act and the Board Regulations promulgated thereunder for all
VI~olations alleged in the Complaint in this matter, for purposes
of Section 39(a) and (i) and/or 42(h) of the Act, 415 TLCS
5/39(a) and(i) and/or 5/42(h) (2004).
Further, Respondent agrees
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE JANUARY 18, 2006
to waive any rights to contest, in any subsequent enforcement
action or permit proceeding, any allegations that these alleged
violations were adjudicated.
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 ITT.C ("Allegations of Non-
Compliance") of this Stipulation.'
D.
Release from Liability
In consideration of the Respondent's payment of the Twenty
Thousand Dollar ($20,000.00) penalty and any specified costs and
accrued interest, commitment to Cease and Desist as contained in
Section VIIT.C, 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 fui-ther 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 September 13, 2005. *The
Complainant reserves, and this Stipulation is without prejudice
to, all rights of the State of Illinois against the Respondent
with respect to allother matters, including but not limited to,
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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE JANUARY 18, 2006
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 reguirements 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 (2004), or entity other than
the Respondent.
E.
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
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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE JANUARY 18, 2006
this Stipulation and Proposal f
or Settlement may be made by mail
and waives any requirement of service of process.
3.
The parties agtee 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
law, and therefore unenforceable, the remaining clauses shall
remain in full force and effect.
WHEREFORE, Complainant and Respondent request that the Board
adopt and accept the foregoing Stipulation and Proposal for
Settlement as written.
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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE JANUARY 18, 2006
PEOPLE OP THE STATE OP ILLINOIS,
LISA MADIGAN
Attorney General
State of Illinois
MATTHEW J. DUNN, Chief
Environmental Enforcement/
Asbestos Litigation Division
BY:
ZOSXMA"R
'AZEA,
Assistant Attorney Gen
era
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY
BY:
1)DATE:
iA/ol
ROBERT 'A. MESSINA
Chief Legal Counsel
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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE JANUARY 18, 2006
WASTE MANAGEMENT OF ILLINOIS, INC.
Name:
fA
Title:
'fit-
Prcsifd
*D
TE
__
_
__
_
__
_
__
_
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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE JANUARY 18, 2006
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
V.)
No.
PCB 06-42
WASTE MANAGEMENT OF ILLINOIS, INC.,)
a Delaware corporation,
Respondent.
CERTIFICATE OF SERVICE
X, CHRISTOPHER
GRANT, an attorney, do certify that I caused
to be
served this
1 8th
day of January, 2006, the Stipulation and
Proposal for Settlement, Notice of Filing, and Motion to Waive
the Requirement of a Hearing, 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
I'llinois and addressed to:
CHRISTOPHER GRANT
Service List:
WASTE MANAGEMENT OF ILLINOIS, INC.
c/o Mr. Dennis Wilt
Waste Management of Illinois, Inc.
720 East Butterfield Road
Lombard, Illinois 60148-5661
Mr. Bradley P. Halloran
Illinois Pollution Control Board
100 W. Randolph Drive, Chicago, Illinois 60601
(via hand delivery)
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE JANUARY 18, 2006
