BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
1
Complainant,
)
1
)
V.
)
PCB NO.
05- 56
1
(Enforcement
-
Air)
1
OMRON AUTOMOTIVE ELECTRONICS,
1
INC, a Delaware corporation,
)
)
Respondent.
)
NOTICE OF FILING
TO: See Attached Service List
(VIA ELECTRONIC FILING)
PLEASE TAKE NOTICE that today I have filed with the Office
of the Clerk of the Illinois Pollution Control Board by
electronic filing the following Stipulation and Proposal for
Settlement and Motion for Relief from Hearing Requirement,
copies of which are attached and hereby served upon you.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA
MADIGAN
Attorney General
State of Illinois
BY
:
&A&e
1-s
Mnifer
A.
Tomas
Assistant Attorney General
Environmental Bureau
188 W. Randolph St.,
2oth
Floor
Chicago, Illinois
60601
312- 814- 0609
DATE: May
26,
2006
THIS FILING IS SUBMITTED ON RECYCLED PAPER
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MAY 26, 2006
Service List
Richard Saines
Baker
&
McKenzie
One Prudential Plaza
130 E. Randolph Street,
suite 3500
Chicago, Illinois 60601
Bradley P.
Halloran
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center, Suite 11-500
100 W. Randolph Street
Chicago, Illinois 60601
Maureen Wozniak
Assistant Counsel, Division of 'Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MAY 26, 2006
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
1
Complainant,
)
)
1
v.
)
PCB No. 05-56
1
(Enf
orcernent
-
Air)
)
OMRON AUTOMOTIVE ELECTRONICS,
)
INC, a Delaware corporation,
1
)
Respondent.
)
MOTION FOR RELIEF FROM HEARING REQUIREMENT
NOW COMES Complainant, PEOPLE OF THE STATE OF ILLINOIS, by
LISA
MADIGAN, Attorney General of the State of Illinois, and
I
pursuant to Section
31(c)(2) of the Illinois Environmental
Protection Act ("Act"), 415 ILCS
5/31(c)
(2)
(2004)~
moves that
the Illinois Pollution Control Board ("Board") grant the parties
in the above-captioned matter relief from the hearing
requirement imposed by Section
31(c)(1) of the Act, 415 ILCS
I
5/31
(c)
(1) (2004)
.
In support of this motion, Complainant states
as follows:
1.
The Complaint in this matter alleges violations of
Sections
9
(b) and 39.5
(6) (b) of the Act, 415 ILCS 5/9
(b) and
.39.5
(6)
(b)
(2OO4), Sections 201.142 and 201.143 of the Board Air
Pollution Regulations, 35
Ill. Adm. Code 201.142 and 201.143,
and Conditions 3, 5, 7, and 9 of Lifetime Operating Permit No.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MAY 26, 2006
2.
Complainant is filing this Motion and a Stipulation
and Proposal for Settlement with the Board.
3.
The parties have reached agreement on all outstanding
issues in this matter.
4.
This agreement is presented to the Board in a
Stipulation and Proposal for Settlement filed this same date.
5.
All parties agree that a hearing on the Stipulation
and Proposal for Settlement is not necessary, and respectfully
request relief from such a hearing as allowed by Section
31
(c)
(2) of the Act, 415 ILCS 5/31
(c)
(2)
(2004)
.
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS,
hereby requests that the Board grant this motion for relief from
the hearing requirement set forth in Section
31(c)
(1) of the
Act, 415 ILCS 5/31
(c)
(1)
(2004)
.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA
MADIGAN
Attorney General
State of Illinois
NNIFER
\A.
TOMAS
Attorney General
-
Environmental Bureau
188 W. Randolph St., 20th Floor
Chicago, Illinois 60601
(312) 814-0609
DATE: May 26, 2006.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MAY 26, 2006
.
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
1
Complainant,
)
-
1
1
V.
1
PCB NO. 05-56
1
(Enforcement
-
Air)
1
OMRON AUTOMOTIVE ELECTRONICS,
1
INC, a Delaware corporation,
)
)
Respondent.
1
STIPULATION AND PROPOSAL FOR SETTLEMENT
Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA
MADIGAN, Attorney General of the State of
Illi'nois, the Illinois
Environmental Protection Agency ("Illinois
EPA"), and Omron
Automotive Electronics, Inc., a Delaware corporation
("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
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MAY 26, 2006
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.
11.
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.
111.
STATEMENT OF FACTS
A.
Parties
1.
On September 21, 2004, 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
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MAY 26, 2006
reqllest
af
the Illinois EPA, pursuant to Section 31 of the Act,
415 ILCS 5/31
(2004), against the Respondent.
2.
The
~llinois
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 was
and is a
De.laware
corpor,ation
that is authorized to transact
business in the State of Illinois.
B.
Site
Description
1.
At all times relevant to the Complaint, Respondent
owned and operated a relay and electronic control unit
manufacturing facility located at 3709 Ohio Avenue, St. Charles,
Kane County, Illinois ("Site")
.
2.
At this facility, Respondent assembles relays and
populates printed circuit boards, and assembles completed boards
into finished electronic components. The assembly process
involves regulated emissions of volatile organic materials
("VOM") such as inks, flux, coatings, thinners, epoxy and clean-
up solvent.
Emission,sources at the facility include the ICC
Department (electric curing oven, spray
fluxer,
chip/wave
soldering and pencil soldering), the ECU Department (four
soldering stations, urethane coating
station/electric curing
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MAY 26, 2006
oven,
tw~
stamping stations and W
marking/curing), the Relay
Department (three coil
winding/flux/soldering stations, three
flux/soldering stations, two epoxy
sealing/curing ovens and
three
W
marking/curing
stations), and solvent clean-up
operations.
3.
On April 5, 1996, the Illinois EPA issued Operating
Permit Number 95100061 to Respondent authorizing operation of
the emission sources listed in paragraph 2, above. That permit
expired on April 5, 2001.
4.
On October 24, 2001, the Illinois EPA issued Lifetime
Operating Permit No. 95100061 ("Permit No. 95100061") to
Respondent. That permit allowed Respondent to operate emission
units consisting of the ICC Department (spray fluxer and
electric curing oven), ECU Department (urethane coating station,
2 stamping stations,
W
marking/curing
station and electric
curing oven), and Relay Department (3 coil
winding/flux
stations, 3 flux stations, 2 epoxy
sealing/cu'ring ovens and 3
W
marking curing stations)
.
5. On December 29, 2003, the Illinois EPA revised
Respondent's Lifetime Operating Permit No. 95100061 ("Revised
Permit No. 95100061"). The Revised Permit No. 95100061
permitted to operate emission units consisting of soldering flux
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MAY 26, 2006
application, conformal coating application, product marking,
metal stamping and clean-up operations.
.
.
6.
On February 10, 2004, Respondent submitted its Clean
Air Act Permit Program (CAAPP) permit application for the Site
to the Illinois EPA.
C.
Allegations of Non-Compliance
Complainant contends that the Respondent has violated the
following provisions of the Act and Board regulations:
Count I
:
Constructing Air Emission Sources Without a
Permit, in violation of Section
9(b) of the
Act, 415 ILCS 5/9
(b)
(2004), and Section
201.142 of the Board's Air Pollution
Regulations, 35
Ill. Adm. Code 201.142.
Count I I
:
Failure to Obtain Operating Permits for New
Emission Sources, in violation of Section
9
(b) of the Act, 415 ILCS 5/9
(b)
(2OO4), and
Section 201.143 of the Board's Air Pollution
Regulations, 35
Ill. Adm. Code 201.143.
Count I
I I
:
Failure to Obtain a Clean Air Act Permit
Program (CAAPP) Permit, in violation of
Section 39.5
(6)
(b) of the Act, 415 ILCS
5/39.5
(6)
(b)
(2004)
.
Count IV
:
Violation of Operating Permit Conditions, in
violation of Section
9(b) of the Act, 415
ILCS 5/9
(b)
(2004) and Conditions 3, 5, 7,
and 9 of Lifetime Operating Permit No.
95lOOO6l.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MAY 26, 2006
D.
Adqission of Violations
The Respondent neither admits nor denies the violations
alleged in the Complaint filed in this matter and referenced
within Section
1II.C herein.
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.
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 of
Respondent's obligations under this Stipulation.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MAY 26, 2006
,
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 thirty
(30)
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.
The Respondent shall notify each contractor to be retained
to perform work required by any Order accepting and adopting the
terms of this Stipulation of each of the requirements of said
Order relevant to the activities to be performed by that
contractor, including all relevant work schedules and reporting
deadlines, and shall provide a copy of this Stipulation and any
Order accept'ing and adopting the terms of this Stipulation to
each contractor already retained no later than thirty
(30)
days
7
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MAY 26, 2006
after
the date of adoption of this Stipulation. In addition,
the Respondent shall provide copies of all schedules for
implementation of the provisions of this Stipulation to the
prime
vendor(s) supplying the control technology systems and
other equipment required by any Order accepting and adopting the
terms 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;
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MAY 26, 2006
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 parties state the
following:
1.
The Illinois
EPArs information gathering
responsibilities were hindered by the Respondent's violations.
2.
There is social and economic benefit to the facility.
3.
Operation of the facility was suitable for the area in
which it occurred.
4.
Obtaining a permit prior to construction of the new
emission sources, obtaining an operating permit for the new
emission sources from the Illinois EPA, timely submitting a
complete CAAPP application, and complying with the terms and
conditions
its permit
compliance with the Act and
regulations, is both technically practicable and economically
reasonable.
5.
Respondent has subsequently complied with the Act and
the Board Regulations.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MAY 26, 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
~o'ard
is
authorized to consider any matters of record in
mitigation or aggravation of penalty, including but
not limited to the following factors:
the duration and gravity of the violation;
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;
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;
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;
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
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MAY 26, 2006
I
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 obtain a permit for
construction activities prior to beginning construction
activities at the site, failed to obtain an operating permit
from the Illinois EPA for the new emission sources, failed to
timely submit a complete CAAPP application prior to commencing
activities at the site, and failed to comply with the terms and
conditions of its existing permits, violating the Act and
regulations. The gravity of the violations is significant
because a new emissions source was created with the potential to
exceed volatile organic material usage and emission limits
allowable by the Respondent's existing permits.
2.
Respondent 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.
Respondent's economic benefit from noncompliance was
nominal and the penalty dbtained includes any economic benefit
received.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MAY 26, 2006
4.
,
Complainant has determined, based upon the specific
facts of this matter, that a
penalty of Twenty Thousand Dollars
($20,000.00) and performance of two (2) supplemental
environmental projects
("SEPs"), outlined in Section
VIII.B,
will serve to deter further violations and aid in future
voluntary compliance with
the'~ct
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.
Respondent has agreed to undertake two (2) SEPs as
part of the settlement of this matter for which the Respondent
is not otherwise legally required to perform. Complainant
initially determined that a civil penalty of Sixty Thousand
Dollars
($60,000.00) for Respondent's violations of the Act and
the Board regulations was appropriate based on the gravity of
the
allkged violations. Respondent has agreed to implement, and
Complainant has agreed to accept in partial settlement of this
matter, the proposed terms of two (2) SEPs, and are described
under.Section
VIII.B, below. In order to promote the
goals.of
the Act to restore, protect and enhance the quality of the
environment, Complainant has agreed to mitigate the' civil
penalty to Twenty Thousand Dollars
($20,000.00),
based
upon
Respondent's commitment to implement two (2) SEPs.
12
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MAY 26, 2006
VIII.
TERMS OF SETTLEMENT
A.
Penalty
1.
The Respondent shall pay a civil penalty in the sum of
Twenty Thousand Dollars ($20,000.00). Payment shall be made
within ten (10) days of the acceptance of this Stipulation by
the Board.
a.
Payment shall be made by wire transfer, payable
to the Illinois EPA for deposit into the Environmental
Protection Trust Fund
("EPTF"). The Respondent's name, the case
number, and Respondent's Federal Employer Identification Number
(FEIN), shall accompany the wire transfer.
b.
A copy of the record of wire transfer shall be
sent to:
Jennifer A.
Tomas
Assistant Attorney General
Environmental Bureau
188 W. Randolph St.,
2oth Floor
Chicago,
~llinois
60601
Maureen Wozniak
Assistant Counsel
Illinois Environmental Protection Agency
1021
No.rth Grand Avenue
~ast
P.O. Box 19276
Springfield; Illinois 62794-9276
2.
In the event that Respondent fails to implement the
SEPs described in Section
VIII.B, Respondent shall remit the
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MAY 26, 2006
amount of Sixty Thousand Dollars
($60,000.00) to the Illinois
EPA within thirty (30) calendar days after the event
(s) or
circumstance(s) resulting in the-nonperformance unless otherwise
agreed to by the parties. Payment of the remittance shall be
made according to Section
VIII.A.1, above.
3. Pursuant 'to Section
42
(g) of the Act, 415 ILCS 5/42 (g)
(2004), interest
shali accrue on any payment not paid within the
time perio'd 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
EPTF and delivered to the address and
i'n the manner described
above.
4.
For purposes of payment and collection, Respondent may
be reached at the following address:
Omron Automotive Electronics, Inc.
3709 Ohio Avenue
Saint Charles, Illinois 60174
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MAY 26, 2006
,
5.
,
In the event of default of this Section
VIII.A, the
Compl'ainant shall be entitled to all available relief including,
but not limited to, reasonable costs of collection and
reasonable attorney's fees.
B.
Supplemental Environmental Projects
1. In connection with this Stipulation, Respondent shall
perform two (2)
SEPs with an approximate combined value of One
Hundred Ninety-Three Thousand Five Hundred Dollars
($193,5Q0.00)
upon entry of this Consent Order. For the first SEP
("SEP
I"),
Respondent shall use alternate materials for maintenance of the
flux application equipment, soldering operations, and surface
mounting operations, resulting in a VOM reduction of
approximately 3 tons per year, at its facility in St. Charles,
Illinois.
2.
For the second SEP
("SEP
2"), Respondent shall
construct a new oven for a lead-free solder
reflow process,
resulting in a reduction in lead used in the process, the amount
of hazardous waste generated at the Site, and the amount of lead
entering the environment.
3. Respondent shall complete SEP 1 by no later than April
30, 2006 and SEP 2 by no later than June 30, 2006.
4.
By signature on this Stipulation, Respondent certifies
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MAY 26, 2006
that,
a* of the date of entry of this Stipulation, it is not
required to perform or develop the foregoing SEPs by any
federal, state or local law or regulation, nor is
it required to
perform or develop the SEPs by agreement or injunctive relief in
any other case.
5. In the event that the Respondent publicizes the SEPs,
or the results of the SEPs performed hereunder, in connection
with any advertisement of its business activities or any
statement concerning the SEPs in a news medium, Respondent shall
include or reference the following statement:
This project was undertaken in connection with the
settlement of an enforcement action taken by the State of
Illinois for alleged violations of the State's
environmental laws and the Illinois Pollution Control
Board's regulations.
The term "news media" as used herein shall have the meaning
given to that term in Section
8-902(b) of the Illinois Code of
Civil Procedure, 735 ILCS
5/8-902
(b)
(2004)
.
6.
Respondent shall certify completion of the two (2)
above-referenced SEPs by submitting a report to the Illinois EPA
and the Attorney General within thirty (30) calendar days after
completion, or within thirty (30) days of the deadlines set
forth in Section
VIII.B.3, whichever is earlier.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MAY 26, 2006
C.
,
Coqpliance
Plan
On February 10, 2004, Respondent s'ubmitted its Clean Air
Act Permit Program (CAAPP) permit application to the Illinois
EPA. Respondent shall comply with the terms and conditions of
its
CAAPP permit once issued.
D.
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)
(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.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MAY 26, 2006
E.
,
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
1II.C
("Allegations of Non-Compliance") of this Stipulation.
F.
Release from Liability
In consideration of the Respondent's payment of the
$20,000.00 penalty and any specified costs and accrued interest,
completion of all activities required hereunder, to Cease and
Desist as contained in Section
VII1.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 September
21, 2004 and otherwise identified
herein. 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:
18
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MAY 26, 2006
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
~espondent'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.
G.
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
1
9.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MAY 26, 2006
At
tprney General, her employees and representatives may take
photographs, samples, and collect information, as they deem
necessary.
H.
Correspondence, Reports and Other Documents
I,
Any and all correspondence, reports and any other documents
required under this Stipulation, except for payments pursuant to
Sections
VII1.A ("Penalty Payment"), shall be submitted as
follows
:
As to
<he Complainant
Jennifer A.
Tomas
Assistant Attorney General
Environmental Bureau
188
W. Randolph St.
,
2oth
F1,oor
Chicago, Illinois
60601
Maureen Wozniak
Assistant Counsel
Illinois EPA
1021
North Grand Avenue East
P.O. Box
19276
Springfield,
Illinois
62794- 9276
As to the Respondent
Rick Saines
Baker
&
McKenzie
One Prudential Plaza, Suite
3500
130
East Randolph Drive
Chicago, Illinois
60601
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MAY 26, 2006
I.
,
Mocjification
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
persdns identified in Section
VII1.H.
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.
J.
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
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MAY 26, 2006
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.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MAY 26, 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.
DURN, Chief
Environmental Enforcement/
Asbestos Litigation Division
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY
BY
:
ROBERT
h.
MESSINA
Chief Legal Counsel
OMRON AUTOMOTIVE ELECTRONICS, INC.
DATE
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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MAY 26, 2006
CERTIFICATE OF SERVICE
I, JENNIFER A.
TOMAS, an Assistant Attorney General,
certify that on the
26th day of May 2006, I caused to be served
by First Class Mail the foregoing Stipulation and Proposal for
Settlement and Motion for Relief from Hearing Requirement to the
parties named on the attached Service List, by depositing same
in postage prepaid envelopes with the United States Postal
Service located at 100 West Randolph Street, Chicago, Illinois
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MAY 26, 2006
