ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, FEBRUARY 14, 2006
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
Complainant,
)
vs .
)
PCB 06-48
(Enforcement - Public
STS CONSULTANTS, LTD .,
)
Water Supply)
a Delaware corporation,
)
Respondent .
)
VIAELECTRONIC FILING
NOTICE OF FILING
TO: Ronald P. Palmieri, P.E .
Dorothy Gunn, Clerk
Regional Vice President
Illinois Pollution Control Board
STS Consultants, Ltd
.
James R. Thompson Center
750 Corporate Woods Parkway
100 W. Randolph Street, Suite 11-500
Vernon Hills, Illinois 60061
Chicago, IL 60601
PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk of the
Illinois Pollution Control Board an original and nine copies of the Stipulation and Proposal for
Settlement, an Agreed Motion for Relief from the Hearing Requirement, Notice of Filing and a
Certificate of Service, a copy of which is attached herewith and served upon you
.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN
Attorney General
State of Illinois
DATE: February 14, 2006
BY :
ZEMEHERET BEREKET-AB
Assistant Attorney General
Environmental Bureau
188 W. Randolph St., 20th Fl .
Chicago, IL 60601
(312) 814-3816
THIS FILING IS SUBMITTED ON RECYCLED PAPER
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, FEBRUARY 14, 2006
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
Complainant,
)
vs .
)
No. PCB 06-48
(Enforcement - Public
STS CONSULTANTS, LTD .,
)
Water Supply)
a Delaware corporation,
)
Respondent
.
)
AGREED MOTION TO REOUEST RELIEF
FROM THE HEARING REOUIREMENT
In support of this Motion, the parties state as follows :
1
.
Today, the People of the State of Illinois, filed a Stipulation and Proposal for
Settlement, with the Illinois Pollution Control Board
.
2 .
Section 31(c)(2) of the Illinois Environmental Protection Act, ("Act"), 415 ILCS
5/31(c)(2)(2004) provides
:
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) .
.
.
.
3. Complainant and Respondent 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, 415 ILCS
5/31(c)(2)(2004) .
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, FEBRUARY 14, 2006
WHEREFORE, Complainant and Respondent request relief from the hearing requirement
pursuant to Section 31(c)(2) of the Act .
DATE: February 14, 2006
G: Envwnmcntal EoforccmcmtZ BEREKET-AB'STS Conmllant Agreed Mot
to Rcq RcIid3-14.06.wpd
2
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN
Attorney General
State of Illinois
MATTHEW J. DUNN, Chief
Environmental Enforcement/
Asbestos Litigation Division
ROSEMARIE CAZEAU, Chief
Environmental Bureau
BY
:
/1,SwzrKwLA
ZEMEHERET BEREKET-AB
Assistant Attorney General
Environmental Bureau
188 W. Randolph St., 20th Fl .
Chicago, Illinois 60601
(312) 814-3816
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, FEBRUARY 14, 2006
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
Complainant,
)
PCB 06-48
v .
)
(Enforcement
- Public
STS CONSULTANTS, LTD .,
)
Water Supply)
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 STS CONSULTANTS, LTD ., ("Respondent and/or "STS"), 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 represent 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 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
.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, FEBRUARY 14, 2006
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 .
(2004) .
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 October 5, 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(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 ILCS 5/4 (2004)
.
3
.
At all times relevant to the Complaint, Respondent STS was and is a Delaware
corporation authorized to transact business in the State of Illinois and in good standing
.
B .
Site Description
1
.
Respondent, STS acted as Home Depot's engineer during the construction of the
new Home Depot store number 1989, located on 143'd Street and Bell Road, Homer Township,
Will County, Illinois ("construction site" or "project")
.
As the consulting engineer, STS
2
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, FEBRUARY 14, 2006
developed engineering plans, potable water installation plans and completed necessary permit
application forms for development work at the construction site .
2 .
On August 21, 2003, STS, on behalf of Home Depot prepared and signed a
construction permit application for the installation of a water main extension to serve the new
Home Depot store. Home Depot signed the permit application on August 22, 2003, and the
application was submitted by STS to the Illinois EPA on August 31, 2003
.
3
.
On September 5, 2003, the Illinois EPA inspected the construction site and
discovered that the potable water main had already been constructed prior to the issuance of the
required construction permit .
4
.
On September 17, 2003, STS submitted, to the Illinois EPA, after the fact, "As-
Built" Plans and specifications for the water main extension at the construction site
.
5 .
On October 1, 2003, the Illinois EPA issued to Home Depot "As-Built" Plans
Construction Permit No. 0431-FY2004.
C .
Allegations of Non-Compliance
Complainant contends that the Respondent has violated the following provisions of the
Act and Board regulations :
Count I :
Failure to Obtain a Construction Permit, in violation of Section
15(a) of the Act, 415 ILCS 5/15(a)(2004), and 35 111. Adm. Code
602.101(a) .
D.
Non-Admission of Violations
The Respondent represents that it has entered into this Stipulation for the purpose of
settling and compromising disputed claims without having to incur the expense of contested
litigation. By entering into this Stipulation and complying with its terms, the Respondent does
3
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, FEBRUARY 14 2006
not affirmatively admit the allegations of violation within the Complaint and referenced within
Section M.C herein, and this Stipulation shall not be interpreted as including such admission
.
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
.
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)(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
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, FEBRUARY 14, 2006
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 states the following
:
I
.
Human health and the environment were threatened and the Illinois EPA's
information gathering responsibilities hindered by the Respondent's failure to obtain a
construction permit prior to the construction of the water mains . /However, Respondent
maintains that human health and the environment were not threatened since the water main was
not tapped until a permit was ssued
.
2 .
There is social and economic benefit to the water mains at the construction site
.
3
.
Operation of the water mains at the construction site is suitable for the area in
which it is located .
4 .
Obtaining a construction permit prior to the construction of the water mains at the
construction site and compliance with the terms of the construction permit was both technically
practicable and economically reasonable
.
5
.
Respondent has subsequently complied with the Act and Board Regulations
.
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 thee violation ;
5
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, FEBRUARY 14, 2006
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
;
whether the respondent voluntarily self-disclosed, in accordance
with subsection i of this Section, the non-compliance to the
Agency; and
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, Complainant states as follows
:
1
.
Construction of water mains without first obtaining a construction permit from
the Illinois EPA is a grave violation. However, the violation was short lived. The violation was
discovered on September 5, 2003, and was corrected with the issuance of the "As-Built" permit
on October 1, 2003
.
2.
Respondent demonstrated diligence in correcting the violation, as it submitted the
necessary information required for the issuance of the "As-Built" plans and specifications
.
6
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, FEBRUARY 14, 2006
3
.
The Five Thousand Dollars
( $5,000.00) civil penalty agreed to herein, negates
the economic benefits accrued by the Respondent by its failure to apply for a construction
permit.
Complainant has determined, based upon the specific facts of this matter, that a
penalty of Five Thousand Dollars ($5,000.00) will serve to deter further violations and aid in
future voluntary compliance with the Act and Board regulations
.
5
.
Complainant is not aware of any previously adjudicated violations of the Act and
Board Regulations by the Respondent
.
6
.
STS did not voluntarily disclose the violations in this matter
.
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 Five Thousand Dollars
($5,000 .00) within thirty (30) days from the date the Board adopts and accepts this Stipulation
.
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
7
. ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, FEBRUARY 14, 2006
The name and number of the case and Respondent's Federal Employer Identification Number
("FEIN") shall appear on the face of check. A copy of the certified check, money order or record
of electronic funds transfer and any transmittal letter shall be sent to
:
Zemeheret Bereket-Ab
Assistant Attorney General
Environmental Bureau
188 W. Randolph St., 20" Floor
Chicago, Illinois 60601
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
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
:
Ronald P. Palmieri
750 Corporate Woods Parkway
Vernon Hills, Illinois 60061-3153
4 .
In the event of default of this Section VIILA, the Complainant shall be entitled to
all available relief including, but not limited to, reasonable costs of collection and reasonable
attorney's fees .
8
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, FEBRUARY 14, 2006
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.D, 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)(2004). 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 .
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 $5,000.00 (Five Thousand Dollars)
penalty and any specified costs and accrued interest herein, to Cease and Desist as,contained in
Section VIII.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 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
9
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, FEBRUARY 14, 2006
does not extend to any matters other than those expressly specified in Complainant's Complaint
filed on August 1, 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 ;
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
.
E .
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.I . ("Penalty Payment") of this
Stipulation shall be submitted as follows
:
As to the Complainant
Zemeheret Bereket-Ab
Assistant Attorney General
Environmental Bureau
188 W. Randolph St., 20' Floor
Chicago, Illinois 60601
10
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, FEBRUARY 14, 2006
Joey Logan-Wilkey
Assistant Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
As to the Respondent
Ronald P. Palmieri, P.E .
Regional Vice President
STS Consultants, Ltd .
750 Corporate Woods Parkway
Vernon Hills, Illinois 60061-3153
F.
Modification of Stipulation
The parties may, by mutual written consent, agree to extend any compliance dates or
modify the terms of this Stipulation. A request for any modification shall be made in writing
and submitted to the contact persons identified in Section VIII .E . Any such request shall be
made by separate document, and shall not be submitted within any other report or submittal
required by this Stipulation. Any such agreed modification shall be in writing, signed by
authorized representatives of each party, and then accompany a joint motion to the Illinois
Pollution Control Board seeking a modification of the prior order approving and accepting the
Stipulation to approve and accept the Stipulation as amended .
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 .
1 1
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, FEBRUARY 14, 2006
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 law, and therefore unenforceable, the remaining clauses shall
remain in full force and effect
.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK)
12
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, FEBRUARY 14, 2006
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 Li '_ .tion Division
BY :
BY :
w
'C
_
10r
Environmental Bureau
Assistant Attorney General
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY
BY :
ROBERT A MESSINA
Chief Legal Counsel
STS CONSULTANTS, LTD .'
i
Name :
Title : -
Y rc-e?"`s i
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13
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DATE :
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DATE : Z/(%
6
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, FEBRUARY 14, 2006
CERTIFICATE OF SERVICE
I, ZEMEHERET BEREKET-AB, an Assistant Attorney General, do certify that I caused
to be served on this 14" day of February 2006, the foregoing Notice of Filing, a Stipulation and
Proposal for Settlement, and an Agreed Motion for Relief from the Hearing Requirement, upon
the persons listed on said Notice by placing same in an envelope bearing sufficient postage with
the United States Postal Service located at 100 West Randolph Street, Chicago, Illinois
.
G\Environn,nwj Enforcmcn' Z BEREKET-ABISTS Consulranu NOF&CMifiwie 2.14-06.wpd
-&1
14914+09
ZEMEHERET BEREKET-AB
