BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
1
1
Complainant,
1
1
-VS
-
1
NO. PCB 05-203
)
)
(Enforcement-Land)
HOMEWOOD DISPOSAL SERVICE, INC.,
)
an Illinois corporation,
1
Respondent.
1
NOTICE OF FILING
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 to
Request Relief from
Hearins Requirement, copies of which are attached
and hereby served upon you.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA
MADIGAN
Attorney General of the
State of Illinois
BY:
PAULA BECKER WHEELER
Assistant Attorney General
Environmental Bureau
188 W. Randolph St.,
20th Flr.
Chicago, IL 60601
(312) 814
-1511
Dated: July 26, 2006
THIS DOCUMENT IS PRINTED ON RECYCLED PAPER
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JULY 26, 2006
SERVICE LIST
Mr. Charles F. Helsten
Attorney for Respondent
Hinshaw
&
Culbertson LLP
100 Park Avenue
P.O.
Box 1389
Rockford, IL 61105
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JULY 26, 2006
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
-VS
-
)
NO. PCB 05-203
1
(Enforcement -Land)
HOMEWOOD DISPOSAL SERVICE, INC.,
1
an Illinois corporation,
1
1
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 hearing requirement in the above
-captioned matter. In
support thereof, the Complainant states as follows:
1. On June
3,
2005, a Compl'aint was filed with the Pollution
Control Board (
"Board") in this matter. On July 26, 2006, a
Stipulation and Proposal for Settlement was filed with the Board.
2. Section
31(c) (2) of the Illinois Environmental Protection
certain enforcement cases to request relief from the mandatory hearing
requirement where the parties have submitted to the Board a
stipulation and proposal for settlement. Section
31(c) (2) provides:
A
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). 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
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JULY 26, 2006
relief to be published and sent in the same manner as is required
for hearing pursuant to subdivision
(1) of this 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 currently scheduled in the instant case.
4. The Complainant requests the relief conferred by Section
31 (c) (2) of the Act.
WHEREFORE, the Complainant, PEOPLE OF THE STATE OF ILLINOIS, by
LISA
MADIGAN, Attorney General of the State of Illinois, requests
relief from the requirement of a hearing pursuant to 415 ILCS
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA
MADIGAN
Attorney General of the State of Illinois
PAULA BECKER WHEELER
Assistant Attorney General
Environmental Bureau
188
W. Randolph St., 20th F1.
Chicago, Illinois 60601
(312) 814
-1511
Dated: July 26, 2006
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JULY 26, 2006
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
)
)
Complainant,
1
)
1
v.
1
)
1
HOMEWOOD DISPOSAL SERVICE, INC.,
)
an Illinois corporation,
)
1
)
Respondent.
1
STIPULATION
AND
PROPOSAL FOR SETTLEMENT
PCB 05-203
(Enforcement
-
Land)
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 Homewood
Disposal Service, Inc., an Illinois corporation ("Respondent" or
\\Homewood"), have agreed to the making of this Stipulation and
Proposal for Settlement (
"Stipulation") and submit it to the
Illinois Pollution Control
Board'("BoardU) 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
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JULY 26, 2006
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
N
), 415 ILCS 5/1 et seq.
(2004)
.
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 June 3, 2005, a Complaint was filed on behalf of the
People of the State of Illinois by Lisa
Madigan, Attorney General
of the State of Illinois, on her own motion and upon the request
of the Illinois
EPA, pursuant to Section 31 of the Act,
415
ILCS
5/31(2002), against the Respondent.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JULY 26, 2006
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 was
and is an Illinois. corporation 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 solid waste transfer facility located at 25
South Park Street, Park Forest, Cook County, Illinois (
"site")
.
2. The Respondent receives approximately 275 to 300 tons
of waste at the Site daily,
-including tires, landscape waste,
scrap metals, and other general refuse. This refuse is
accumulated from a number of off
-site locations and shipped out
daily.
C. Allegations of Non-Compliance
Complainant contends that the Respondent has violated the
following provisions of the Act and Board regulations:
Count I
:
Modification of a Waste Management Site Without a
Permit, in violation of Section 21 (d) (1) of the
Act, 415 ILCS 5/21 (d) (1) (2002), and 35 Ill. Adm.
Code 807.210.
Count
11: Violation of Special Permit Condition, in
violation of Section 21
(d)
(1)
of the Act, 415
ILCS 5/21
(d) (1) (2002) and. Special Condition No. 5
of its Supplemental Permit No. 1995
-020-SP.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JULY 26, 2006
D. Admission of Violations
The Respondent represents that it has entered into this
Stipulation solely 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 not affirmatively admit the
allegations of violation within the Complaint and referenced
within Section
1II.C
herein, and this Stipulation shall not be
interpreted as including any 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
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JULY 26, 2006
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,
includingthe 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.
Compliance with the requirements of the permitting
system is essential to the Illinois
EPArs ability to effectively
perform its duty to protect human health and the environment.
Failure to comply with permit conditions, or modifying operations
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JULY 26, 2006
at a facility without seeking and obtaining prior Agency approval
hinders the Illinois
EPA'S. ability to fulfill that duty.
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.
Seeking and obtaining a permit prior to construction at
the site and compliance with its terms is both technically
practicable and economically reasonable.
5. Respondent has subsequently complied with the Act and
the Board Regulations.
VII. CONSIDERATION OF SECTION 42(h) FACTORS
Section 42 (h) of the Act, 415 ILCS 5/42 (h) (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
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JULY 26, 2006
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
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.
Complainant alleges that the Respondent failed to
obtain a permit for modification of its site prior to beginning
construction activities at the site, and violated a provision of
its initial permit.
One of the violations began on or around
1999 and was resolved in 2004, the other began before February
2004
and was resolved by December 2004.
2.
Once the Illinois
EPA notified Respondent of its
alleged noncompliance, Respondent alleges it was both diligent
and responsive in its efforts to come back into compliance with
the Act, Board regulations and applicable federal regulations.
3.
The Respondent alleges its delay in compliance was
inadvertent.
The parties state that the delay resulted in
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JULY 26, 2006
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
minimal or no economic benefit, and the penalty obtained negates
any potential economic benefit accrued.
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
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 been tendered to
Respondent's attorney of record in this
-matter in a form
acceptable to that attorney. Further, Respondent stipulates that
said attorney has been directed to make the penalty payment on
behalf of Respondent, within thirty (30) days from the date the
Board adopts and accepts this Stipulation, in a manner prescribed
below. The penalty described in this Stipulation shall be paid
by certified check, money order or electronic funds transfer
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JULY 26, 2006
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
62794-927.6
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:
Paula Becker Wheeler
Assistant Attorney General
Environmental Bureau
188 W. Randolph St.,
2oth Floor
Chicago, Illinois 60601
Mark Gurnik
Assistant Counsel
Illinois Environmental Protection Agency
1'021 North Grand
venue East
P.O. Box 19276
Springfield, Illinois 62794
-9276
(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
9
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JULY 26, 2006
be paid by certified check, money order or electronic funds
transfer,
payable to the Illinois EPA, designated to the
1llinois
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:
Homewood Disposal Service, Inc.
25 South Park Street
Park Forest, IL 60404
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 ~espondent
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
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JULY 26, 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
1II.C ("Allegations of Non-
Compliance") of this Stipulation.
.
D. Release from Liability
In consideration of the Respondent's payment of the
$20,000.00 penalty and any specified costs and accrued interest,
its commitment to Cease and Desist as contained in Section
VII1.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 does not extend to any
matters other than those expressly specified in Complainant's
Complaint filed on June
3, 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;
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JULY 26, 2006
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. Enforcement of Board Order
1.
Upon the entry of the Board's Order approving and
accepting this Stipulation and Proposal for Settlement, that
Order is a binding and enforceable order of the Illinois
Pollution Control Board and may be enforced as such through any
and all available means.
2.
Respondent agrees that notice of any subsequent
proceeding to enforce the Board Order approving and accepting
this Stipulation and Proposal for Settlement may be made by mail
and waives any requirement of service of process.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JULY 26, 2006
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.
F.
Execution of Document
This Stipulation and Proposal for Settlement shall become
effective only when executed by all parties and approved by the
Board. This Stipulation may be executed'by the parties in one or
more counterparts, all of which taken together, shall constitute
one and the same instrument.
(THE REST OF THIS PAGE IS LEFT INTENTIONALLY BLANK)
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JULY 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. DUNN, Chief
~nvironmental Enforcement/
Asbestos Litigation Division
ROSEMARIE CAZEAU, Chief
Environmental Bureau
Assistant Attorney General
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY
BY
:
ROBERT A. MESSINA
Chief Legal Counsel
/
Name:
.
C
DATE
:
DATE
:
DATE
:
7/44
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JULY 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. DUNN, Chief
Environmental
~nforcernentl
Asbestos Litigation Division
I
BY:
DATE
:
I
. -
I
Assistant Attorney General
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY
n
ROBBRT A. MESSI~A
Chief Legal Counsel
HOMEWOOD DISPOSAL SERVICE, INC.
Name
:
Title:
DATE
:
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JULY 26, 2006
CERTIFICATE OF SERVICE
I, PAULA BECKER WHEELER, an Assistant Attorney General in this
case, do certify that
I caused to be served this 26th day of July,
2006, the foregoing Stipulation and Proposal for Settlement, Motion
for Request for Relief from Hearing Requirement and Notice of Filing
upon the persons listed on said Notice by depositing same in an
envelope, by first class postage and certified mail prepaid, with the
United States Postal Service at
188 West Randolph Street, Chicago,
Illinois, at or before the hour of
5:00 p.m.
PAULA
~ECKER WHEELER
July 26, 2006
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JULY 26, 2006
