Lisa Madigan
ATI ORNEY GENERAL
The Honorable Dorothy Gunn
Illinois Pollution Control Board
James R. Thompson Center, Ste
. 11-500
100 West Randolph
Chicago, Illinois 60601
Dear Clerk Gunn :
Enclosed for filing please find the original and ten copies of a Notice of Filing, Motion for
Relief from Hearing Requirement and Stipulation and Proposal for Settlement in regard to the
above-captioned matter
. Please file the originals and return file-stamped copies to me in the
enclosed, self-addressed envelope .
Thank you for your cooperation and consideration
.
Very truly yours,
OFFICE OF THE ATTORNEY GENERAL
STATE OF ILLINOIS
July 10, 2006
Re :
People v. D & L Landfill, Inc
.
PCB 06-136
J . L . Homan
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
(217) 782-9031
JLH/pp
Enclosures
500 South Second Street, Springfield, Illinois 62706
•
(217) 782-1090 • TTY
: (217) 785-2771 • Fax
: (217) 782-7046
100 West Randolph Street, Chicago, Illinois 60601 •
(312) 814-3000 •
TTY- (312) 814-3374 • Fax
: (312) 814-3806
1001 East Main, Carbondale, Illinois 62901
• (618) 529-6400 •
TTY: (618) 529-6403 •
Fax : (618) 529-6416
RECEIVEDCLERK'S
OFFICE
JUL 1 3 2006
STATE OF ILLINOIS
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS, )
Complainant,
)
v.
)
PCB No. 06-136
(Enforcement)
D & L LANDFILL, INC., an Illinois
)
corporation,
)
Respondent .
)
NOTICE OF FILING
To:
Fred C
. Prillaman
Mohan, Alewelt, Prillaman & Adami
1 N . Old Capitol Plaza, Ste . 325
Springfield, IL 62701-1323
PLEASE TAKE NOTICE that on this date I mailed for filing with the Clerk of the Pollution
Control Board of the State of Illinois, a COMPLAINT, MOTION FOR RELIEF FROM HEARING
REQUIREMENT and STIPULATION AND PROPOSAL FOR SETTLEMENT, copies of which are
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
Environmental Enforcement/Asbestos
Litigati . , • vi on/
l7
BY: '
d. L. HOMAN
I %/Assistant Attorney General
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated : July 10, 2006
RECEIVED
JUL 13 2006
STATE OF ILLINOIS
d
CERTIFICATE OF SERVICE
I hereby certify that I did on July 10, 2006, 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, MOTION FOR RELIEF FROM HEARING
REQUIREMENT and STIPULATION AND PROPOSAL FOR SETTLEMENT
:
To :
Fred C . Prillaman
Mohan, Alewelt, Prillaman & Adami
1 N
. Old Capitol Plaza, Ste
. 325
Springfield, IL 62701-1323
and the original and ten copies by First Class Mail with postage thereon fully prepaid of the
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
Springfield, IL 62794
J . L1 H MAN
Assistant Attorney General
This filing is submitted on recycled paper
.
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS, )
Complainant,
)
vs.
)
PCB No. 06-136
(Enforcement)
D & L LANDFILL, INC., an Illinois
)
corporation,
)
Respondent .
)
RECEIVED
CLIES OFFICE
JUL
1 3 2006
Pollution
STATE OF
Control
ILLINOISBoard
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 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 grant the parties in the above-captioned matter relief from the hearing
requirement imposed by Section 31
(c)(1)
of the Act, 415 ILCS 5/31
(c)(1) (2004)
. In support of
this motion, Complainant states as follows
:
1 .
The parties have reached agreement on all outstanding issues in this matter
.
2.
This agreement is presented to the Board in a Stipulation and Proposal for
Settlement, filed contemporaneously with this motion
.
3 .
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)
.
1
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 ILLS 5/31(c)(1) (2004)
.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN
ATTORNEY GENERAL
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated : July 10, 2006
2
MATTHEW J
. DUNN, Chief
Environmental Enforcement/Asbestos
ation
ision
BY :
'--
man
Environmental Bureau
Assistant Attorney General
BEFORE THE ILLINOIS POLLUTION CONTROL
BOARD
RECEIVED
CLERK'S
OFFICE
PEOPLE OF THE STATE OF
ILLINOIS,
JUL 1
?
2006
Pollution
STATE OF
Control
ILLINOIS
Board
Complainant,
)
PCB 2006-136
v .
)
(Enforcement - )
D & L LANDFILL INC ., an Illinois
)
corporation,
)
Respondent .
STIPULATION AND PROPOSAL FOR SETTLEMENT
TABLE OF CONTENTS
I . JURISDICTION
2
II . AUTHORIZATION
2
III . STATEMENT OF FACTS
2
A .
Parties
2
B . Site Description
3
C . Allegations of Non-Compliance
4
D .
Admission of Violations
5
E . Compliance Activities to Date
5
IV .
APPLICABILITY
5
V . COMPLIANCE WITH OTHER LAWS AND REGULATIONS
5
VI . IMPACT ON THE PUBLIC RESULTING FROM ALLEGED
NON-COMPLIANCE
6
VII . CONSIDERATION OF SECTION 42(h) FACTORS
7
VIII
.TERMS OF SETTLEMENT
9
A .
Penalty Payment
9
B .
Future Use
11
C . Cease and Desist
12
D . Release from Liability
12
E . Right of Entry
14
F . Modification of Stipulation
14
G . Enforcement of Board order
14
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
RECEIVED
)
CLERK'S OFFICE
JUL
1 3 2006
Complainant,
)
Pollution
STATE OF
Control
ILLINOISBoard
PCB 2006-136
v
)
(Enforcement - )
D & L LANDFILL, INC . an
Illinois )
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 D & L
LANDFILL 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")
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
for
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 .
(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 February 9, 2006, 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
-2-
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 has
operated a sanitary landfill pursuant to Landfill Permit Number
1993-188-LF ("the permit") at Rural Route 3, Greenville, Bond
County, Illinois
.
B .
Site Description
1 .
At all times relevant to the Complaint, Respondent has
operated the sanitary landfill mentioned above
.
2 .
Since at least June 24, 2003, and commencing on a date
better known to the Respondent, the Respondent failed to
adequately cover waste in the active area of the site which was
along the northern line of the cell, towards the eastern side of
the site
. There was a large amount of exposed refuse along the
entire length of the northern line of the cell and this exposed
refuse extended all the way to the northwest portion of the cell
.
3 .
This northwestern area of the cell had received a lift
of waste more than sixty days prior to the June 24, 2003,
-3-
inspection and had not been covered with one foot of compacted
clean soil material as intermediate cover .
4 On September 8, 2003, which was a Monday, the Illinois
EPA conducted another inspection of the site . There was exposed
refuse that had not been covered at the conclusion of operations
on the previous Friday .
5 .
On September 8, 2003, the Illinois EPA inspected the
northwest area of the active cell where a large amount of exposed
refuse was observed on June 24, 2003 ; there was still some
exposed refuse without a one foot cover of compacted clean soil
material .
6 .
As of today's date, the Respondent represents that the
site is no longer owned or operated by the Respondent .
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 Properly Cover Waste at a Landfill
in violation of Section 21(a)(d)(e)(o), 415
ILCS 5/21(a) (d) (e) (o) (2004)
Count II :
Violation of Landfill Permit in violation of
Section 21(d)(1), 415 ILCS 5/21(d)(1)(2004)
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
.
E .
Compliance Activities to Date
As of today's date, the Respondent represents that it has no
further ownership or control over the site .
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 © ) 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 :
(I) the character and degree of injury to, or
interference with the protection of the
health, general welfare and physical property
of the people ;
(ii) the social and economic value of the
pollution source ;
(iii)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 ;
(iv) the technical practicability and economic
reasonableness of reducing or eliminating the
emissions, discharges or deposits resulting
from such pollution source ; and
(v) any subsequent compliance .
In response to these factors, the parties state the
following
:
-G-
1 .
Human health and the environment were threatened and
the Illinois EPA's information gathering responsibilities
hindered by the Respondent's violations
. The Defendant's actions
posed a significant threat to the health, general welfare and
physical property of the people .
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 .
Compliance with the Act and accompanying regulations
was both technically practicable and economically reasonable
.
5 .
Respondent no longer owns or operates the facility .
VII
.CONSIDERATION OF SECTION 42(h) FACTORS
Section 42(h) of the Act, 415 ILCS 5/42(h)(2004), provides
as follows :
(h) In determining the appropriate civil penalty to be
imposed under subdivisions (a), (b) (1), (b) (2), (b)(3),
or (b) (5) of 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 the 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 ;
-7-
(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
(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 adequately cover wastes
received at the landfill during some of the time that the
Respondent operated the landfill .
2 .
Respondent did attempt to come back into compliance
with the Act, Board regulations and applicable federal
regulations, once the Illinois EPA notified it of its
noncompliance, although it was not immediately successful in
achieving compliance .
3 .
Noncompliance was of economic benefit to the
Respondent
. Adequate cover, while available, can be expensive .
Operation of the landfill in accordance with the statute and the
-8-
permit terms was achievable throughout the time period covered by
the Complaint .
4 . Complainant has determined, based upon the specific
facts of this matter, that a penalty of thirteen thousand two
hundred fifty dollars ($13,250 .00) will serve to deter further
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
.
VIII .TERMS OF SETTLEMENT
A .
Penalty Payment
1 .
The Respondent shall pay a civil penalty in the sum of
thirteen thousand two hundred fifty dollars ($13,250 .00)dollars
within fifteen (15) days after the entry of the Board's Order
approving and accepting this Stipulation and Proposal for
Settlement . The Respondent stipulates that payment will be
tendered to Respondent's attorney of record in this matter in a
form acceptable to that attorney within seven (7) days after the
entry of the Board's Order approving and accepting this
Stipulation and Proposal for Settlement .
Further, Respondent
-9-
stipulates that
said attorney has been directed to make the
penalty payment on behalf of Respondent as directed, 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 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
:
P . Poitevint
Attorney General's Office
Environmental Bureau
500 South Second Street
Springfield, Illinois 62702
2 .
Melanie Jarvis
Assistant Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P .O . Box 19276
Springfield, Illinois 62794-9276
Pursuant to Section 42(g) of the Act, 415 ILCS 5/42(8)
(2004), interest shall accrue on any payment not paid within the
-10-
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
:
Fred Prillaman, Esq .
Mohan, Alewelt Prillaman & Adami
1 North Old State Capitol Plaza
Suite 325
Springfield, IL 62701
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
.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
$13,250
.00 penalty and any specified costs and accrued interest,
completion of all activities required hereunder, to Cease and
-12-
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 February 9, 2006
. 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
-13-
The Respondent represents
that it no longer owns the site in
question . No affirmative right of entry to this site as to this
Respondent is required .
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
.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 .
G .
Enforcement of Board Order
-14-
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 .
Right of Entry
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
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 .
PEOPLE OF THE STATE OF ILLINOIS,
LISA MADIGAN
Attorney General
State of Illinois
MATTHEW J
. DUNN, Chief
Environmental Enforcement/
Asbestos Litigation Division
BY :
Thomas Davis, Chief
Environmental Bureau
DATE :
Assistant Attorney General
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY
BY :
DATE : G
o /e,
~p
Chief Legal Counsel
-16-
