Lisa Madigan
A"I"FORNEY 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 .
OFFICE OF THE ATTORNEY GENERAL
STATE OF ILLINOIS
July 31, 2006
Re:
People v
. Saline County Landfill, Inc.
PCB No. 06-117
I
( d: L. 1oman
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 Fast Main, Carbondale, Illinois 62901 • (618) 529-6400 • TTY: (618) 529-6403 • Fax : (618) 529-6416
RECEIVEDCLERK'S
OFFICE
AUG 0 2 2006
STATE OF ILLINOIS
Pollution Control Board
RECEIVED
CLERK'S OFFICE
AUG 0 2 2006
PEOPLE OF THE STATE OF
)
ILLINOIS,
STATE OF ILLINOIS
)
Pollution Control Board
Complainant,
)
vs.
)
PCB No. 06-117
(Enforcement)
SALINE COUNTY LANDFILL, INC .,
)
an Illinois corporation,
)
Respondent .
)
NOTICE OF FILING
To:
Mr. Brian Konzen
Lueders Robertson and Konzen
P .O. Box 735
Granite City, IL 62040
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 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
Litigatio Division
BY:
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
J. L. HOMAN
Assistant Attorney General
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated : July 31, 2006
CERTIFICATE OF SERVICE
I hereby certify that I did on July 31, 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:
Mr. Brian Konzen
Lueders Robertson and Konzen
P.O . Box 735
Granite City, IL 62040
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 . L. Homan
Assistant Attorney General
This filing is submitted on recycled paper .
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD RECEIVED
CLERK'S OFFICE
PEOPLE OF THE STATE OF
)
AUG 0 2 2006
ILLINOIS,
)
Pollution
STATE OF
Control
ILLINOISBoard
Complainant,
)
vs .
)
PCB No. 06-117
(Enforcement)
SALINE COUNTY LANDFILL, INC
.,
)
an Illinois corporation,
)
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 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 ILCS 5/31(c)(1) (2004).
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN
ATTORNEY GENERAL
MATTHEW J. DUNN, Chief
Environmental Enforcement/Asbestos
Litigation Division
BY:
J . L. HOMAN
Environmental Bureau
Assistant Attorney General
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated : July 31, 2006
2
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
Complainant,
)
PCB 06-117
vs.
)
(Enforcement - Land)
SALINE COUNTY LANDFILL, INC.,
)
an Illinois corporation,
)
Respondent .
)
RECEIVED
AUG 0 2 2006
Pollution
STATE OF
Control
ILLINOIS
Board
STIPULATION AND PROPOSAL FOR SETTLEMENT
Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA MADIGAN, Attorney
General of the State of Illinois, and the Illinois Environmental Protection Agency ("Illinois EPA"),
and SALINE COUNTY 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") for approval
. The parties agree that the statement of facts contained herein
represents a fair summary of the evidence and testimony that 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.
1
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.
STATEMENT OF FACTS
A.
Parties
1 .
On December 28, 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 was and is an Illinois corporation
that is authorized to transact business in the State of Illinois
.
2
B.
Site Description
1 .
At all times relevant to the Complaint, Respondent owned and operated a permitted
solid waste landfill facility located at 5000 Whitesville Road, Harrisburg, Saline County, Illinois
("site") .
2 .
At all times relevant to the Complaint, Respondent was and is the owner and operator
of a landfill . This landfill is currently a permitted solid waste landfill, with a recently permitted
thirty-two acre expansion .
3 .
The landfill was issued permit number 1996-147-LFM, modification no
. 17 issued
August 19, 2004 . This permit contains 8 general conditions, and approximately 77 pages of
additional conditions .
4.
The landfill is currently intermittently accepting waste. An application for a vertical
and lateral expansion of approximately thirty-two acres total was submitted for consideration to the
Illinois EPA ; the permit for vertical and lateral expansion was granted August 19, 2004 .
C.
Allegations of Non-Compliance
Complainant contends that the Respondent has violated the following provisions of the Act
and Board regulations:
Count I:
Permit Violations, in violation of Section 21(o)(5) of the Act,
415 ILCS 5/21(o)(5) (2004), and 35 111 . Adm
. Code 811 .106 .
D.
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
3
entering into this Stipulation and complying with its terms, the Respondent does not affirmatively
admit the allegations of violation within the Complaint, and this Stipulation shall not be interpreted
as including such admission .
E .
Compliance Activities to Date
The landfill achieved full compliance with the concerns raised in this Complaint on
November 1, 2005 . The initial area of concern was covered by June 28, 2004 .
F.
Value of Settlement and Resulting Benefits
The Respondent's efforts to maintain adequate cover on the landfill will protect public health
and the environment .
IV.
APPLICABILITY
This Stipulation shall apply to and be binding upon the Complainant and the Respondent, and
any officer, director, agent, employee or servant 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 or agents to take such action as
shall be required to comply with the provisions of this Stipulation
.
1 .
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 obligations under this Stipulation
.
2.
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, the Respondent
4
shall notify the Complainant 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 .
3 .
The Respondent shall notify each prime 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 accepting and adopting the terms of this Stipulation and Proposal for Settlement to each
contractor already retained no later than 30 days after the date of filing 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 III . Adm . Code, Subtitles A through H .
VI.
IMPACT ON THE PUBLIC RESULTING FROM ALLEGED NON-COMPLIANCE
5
Section 33) of the Act, 415 ILCS 5133(c)(2004), provides as follows :
In making its orders and determinations, the Board shall take into consideration all
the facts and circumstances bearing upon the reasonableness of the emissions,
discharges, or deposits involved including, but not limited to :
1 .
the character and degree of injury to, or interference with the protection of the
health, general welfare and physical property of the people ;
2.
the social and economic value of the pollution source
;
3 .
the suitability or unsuitability of the pollution source to the area in which it is
located, including the question of priority of location in the area involved ;
4.
the technical practicability and 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 :
I .
By failing to comply with the terms of the permit issued to the Respondent, the
Respondent risked interference with the protection of the health and general welfare of the people
and the environment, and the Illinois EPA's information gathering responsibilities were delayed 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 .
Compliance with the permit that was designed for the site is both technically
practicable and economically reasonable
.
5.
Respondent has subsequently complied with the Act and the Board Regulations
.
6
VII.
CONSIDERATION OF SECTION 42(h) FACTORS
Section 42(h) of the Act, 415 ILCS 5/42(h)(2004), provides as follows :
In determining the appropriate civil penalty to be imposed under
. . .
this Section, the
Board is authorized to consider any matters of record in mitigation or aggravation of
penalty, including but not limited to the following factors :
1 .
the duration and gravity of the violation ;
2 .
the presence or absence of due diligence on the part of the respondent in
attempting to comply with requirements of this Act and regulations
thereunder or to secure relief therefrom as provided by this Act
;
3 .
any economic benefits accrued by the respondent because of delay in
compliance with requirements, in which case the economic benefits shall be
determined by the lowest cost alternative for achieving compliance ;
4 .
the amount of monetary penalty which will serve to deter further violations
by the respondent and to otherwise aid in enhancing voluntary compliance
with this Act by the respondent and other persons similarly subject to the Act
;
5 .
the number, 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 :
I .
The Respondent violated provisions of its permit while operating the landfill . The
violations began on or around June 25, 2003 .
2 .
Respondent did not immediately return to compliance with the Act, Board regulations
and applicable federal regulations, once the Illinois EPA notified it of its noncompliance
. Although
7
the Respondent had hired a contractor to bring the site into compliance before the Illinois EPA's
notice, the contractor did not initially adequately complete the remediation
.
3 .
No significant economic benefit was accrued
.
4.
Complainant has determined, based upon the specific facts of this matter, that a
penalty of eight thousand dollars ($8,000
.00) will serve to recover any economic benefit accrued by
the Respondent, 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.
The Respondent did not self-disclose the violations at issue .
7 .
The settlement of this matter does not include a supplemental environmental project
.
VIII .
TERMS OF SETTLEMENT
A.
Penalty Payment
I .
The Respondent shall pay a civil penalty in the sum of eight thousand Dollars
($8,000
.00) within ten 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 wire 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, Illinois
62794-9276
8
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 or money order and the transmittal
letter shall be sent to
:
P . Poitevint
Environmental Bureau
500 South Second Street
Springfield, Illinois 62702
James Kropid
Assistant Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P
.O
. Box 19276
Springfield, Illinois 62794-9276
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 or money order, 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 :
Mr. Brian Konzen
Lueders Robertson and Konzen
P.O.Box 735
Granite City, IL 62040
9
4 .
In the event of default of this Section VILLA, 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, the Respondent agrees
that this Stipulation may be used against the Respondent in any subsequent enforcement action 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
(1) and/or 42(h) of the Act, 415 ILCS 5/39(a) and (1) and/or 5/42(h)(2004) . Further, Respondent
agrees to waive any rights to contest, in any subsequent enforcement action, any allegations that
these alleged violations were adjudicated.
C.
Correspondence, Reports and Other Documents
Any and all correspondence, reports and any other documents required under this Stipulation,
except for payments pursuant to Section IX . of this Stipulation, shall be submitted as follows :
As to the Complainant
J. Homan
Assistant Attorney General
Environmental Bureau
500 South Second Street
Springfield, Illinois 62702
James Kropid
Assistant Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P .O. Box 19276
Springfield, Illinois 62794-9276
10
As to the Respondent
Mr. Brian Konzen
Lueders Robertson and Konzen
P .O
.Box 735
Granite City, TL 62040
D. 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 Attorney General, her employees and representatives may take photographs,
samples, and collect information, as they deem necessary
.
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 III
.C . of this
Stipulation .
F. Releasefrom Liability
In consideration of the Respondent's payment of the eight thousand dollar ($8,000
.00)
penalty, upon the completion of all activities required hereunder, and upon the Pollution Control
Board's acceptance and approval of the terms of this Stipulation, 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 December 28, 2005
. The Complainant reserves, and this Stipulation is without prejudice to, all
11
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
.
G.
Enforcementof Board Order
Upon the entry of the Board's Order approving and accepting this Stipulation, 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 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, 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 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
.
12
WHEREFORE, Complainant and Respondent request that the Board adopt and accept the foregoing
Stipulation 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
Assistant Attorney General
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY
ROBERT A. MESSINA
Chief Legal Counsel
SALINE COUNTY LANDFILL
BY:
BRIAN KONZEN, ESQ .
Name:
Title :
55583
13
DATE : / ~/ /
t)
DATE: ~ ~C
/0/
1, C'G
