BEFORE THE ILLINOIS POLLUTION CONTROL BOARIR E
CLERKS
C E I
OFFICE
V E D
ADMINISTRATIVE CITATION
NOV
2 2 2006
COUNTY OF SANGAMON,
Pollution
STATE OFControl
ILLINOIS
Board
)
Complainant,
)
01
'yy
v.
)
AC Be
SCDPH 06-AC-1
Jack Caldwell,
)
ADMINISTRATIVE CITATION
Respondent.
)
NOTICE OF FILING AND PROOF OF SERVICE
The undersigned certifies that an original and the foregoing STIPULATION AND
PROPOSAL FOR SETTLEMENT was served upon the Clerk of the Illinois Pollution Control
Board, and one copy was served upon the following party of record by enclosing same in
envelopes addressed to, and by delivering as specified below
:
Dorothy Gunn, Clerk
- U.S . Mail
Illinois Pollution Control Board
James R
. Thompson Center
100 W
. Randolph St
., Suite 11-500
Chicago, IL 60601
Randall Segatto
Attorney for Respondent, Jack Caldwell
831 E . Monroe
Springfield, Illinois 62703
S
With postage fully prepaid, and by depositing said envelope in a U
.S. Post Office Mail Box in
pringfield, Illinois before 5 :30 p
.m. on November Q , 2006
Sheri L . Care
Sheri L
. Carey
Assistant State's Attorney
Sangamon County State's Attorney
200S. 9th
Street, Room 402
Springfield, Illinois 62701
(217) 535-3100
THIS FILING IS SUBMITTED ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD N,-'-l
2
`
2906
ADMINISTRATIVE CITATION
RECEIVED
CLERK'S
OFFICE
Pollution
STATE OF
Control
ILLINOISBoard
COUNTY OF SANGAMON,
)
Complainant,
)
>
y
AC
bIP6'
SCDPH 06-AC-1
Jack Caldwell,
)
ADMINISTRATIVE CITATION
Respondent.
)
STIPULATION AND PROPOSAL FOR SETTLEMENT
Pursuant to 35 Ill
. Adm . Code 103
.180 (1994), the following Stipulation and Proposal for
Settlement entered into between Complainant, COUNTY OF SANGAMON ("County"), and
Respondent, Jack Caldwell ("Respondent"), is tendered for approval by the Illinois Pollution
Control Board ("Board")
. It is expressly understood and agreed to by and between the County
and Respondent that the agreements, stipulations and statements herein contained are not
binding on the parties, and shall be deemed null and void, in the event such approval by the
Board is not obtained, or in the event additional terms or conditions which are unacceptable to
the parties, are imposed by the Board
. This Stipulation and Proposal for Settlement is made for
the purposes of settlement only and putting an end to litigation, and neither the fact that a party
has entered into this Stipulation and Proposal for Settlement, nor any of the facts stipulated
herein, shall be introduced into evidence or construed as an admission of fact or law in any other
proceedings conducted before the Board or outside of the jurisdiction of the Board except to
enforce the terms hereof by the parties to this agreements and as evidence of previously
THIS FILING IS SUBMITTED ON RECYCLED PAPER
adjudicated violations for purposes of Section 39(i)and 42(h) of the Illinois Environmental
Protection Act ("Act"), 415 1LCS 5/39(i) and 42(h) (2004) . Subject to the foregoing
understanding and agreement, it is further agreed as follows :
I.
STIPULATION OF FACTS
1
. Jack Caldwell is the owner of commercial storage units located in Williamsville,
Sangamon County, Illinois . On September 20, 2006, the Respondent was building some storage
units located at 501 Oak Street, Williamsville, Sangamon County, Illinois .
2 . Jack Caldwell is the owner of property located at 501 Oak Street, Williamsville,
Sangamon County, Illinois, which is the subject of the above-captioned Administrative Citation .
3
. On October 16, 2006, the County filed the above-captioned Administrative
Citation against Respondent alleging violations of Sections 21(p)(1), 21(p)(3) and 21(p)(7) of the
Act, 415 ILCS 5/21(p)(1), 21(p)(3) and 21(p)(7) (2004) .
4.
On October 26, 2006 the Respondent signed for receipt of the Administrative
Citation by certified mail.
II.
IMPACT ON THE PUBLIC RESULTING FROM NON-COMPLIANCE
Section 33(c) of the Act, 415 ILCS 5/33(c) (2004), provides :
c.
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 :
-2-
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 as follows
:
I .
The County contends that the Respondent open dumped waste materials, but that
such dumping had minimal impact on human health and the environment
.
2.
The Respondent's business has economic value to the surrounding community
.
3 .
The County contends that it would be technically practicable and economically
reasonable for Respondent to cease open dumping
.
5 .
The County and Respondent have met to discuss compliance issues, and
Respondent has been in compliance since the filing of the above-captioned Administrative
Citation
.
6.
Respondent denies the alleged violations in the above-captioned Administrative
Citation.
-3-
DETERMINATION OF APPROPRIATENESS OF
CIVIL PENALTY
Section 42(h) of the Act, 415 ILCS 5/42(h) (2004), provides
:
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 violator
in attempting to comply with the requirements of this Act and
regulations thereunder or to secure relief therefrom as provided by
this Act;
any economic benefits accrued by the violator because of delay in
compliance with requirements ;
(4)
the amount of monetary penalty which will serve to deter further
violations by this violator and to otherwise aid in enhancing voluntary
compliance with this Act by the violator and any other persons similarly
subject to the Act
; and
(5)
the number, proximity in time and gravity of previously adjudicated
violations of this Act by the violator
.
In response to these factors, the parties state as follows :
I .
The alleged violations occurred one time, and the potential impact on surrounding
properties would not be considered major .
2 .
Respondent has attempted to comply with the Act since receiving the above-
captioned Administrative Citation
.
3 .
Some economic benefit may have been accrued by Respondent by not having to
pay to deposit waste materials accumulated on the property, but such benefit would be deemed
minimal
.
-4-
4 .
Respondent denies violating the Act or regulations promulgated thereunder, but
for the purpose of settlement, has agreed to make a payment in the sum of Three Thousands
Dollars ($3,000
.00) to the Sangamon County Department of Public Health . The County
believes that such a payment will deter Respondent from future violations of the Act
. Further,
this payment will aid the County's enforcement of the Act and regulations, under its delegation
agreement with the Illinois Environmental Protection Agency, against persons similarly subject
to the Act .
5.
Respondent has no previously adjudicated violations .
IV.
COMPLIANCE WITH OTHER LAWS AND REGULATIONS
This Stipulation and Proposal for Settlement in no way affects the responsibility of
Respondent to comply with any other federal, state or local laws or regulations, including, but
not limited to the Act, 415 ILCS 5/1 et seq . (2004), and the Board's Rules and Regulations, 35
Ill. Adm
. Code, Subtitles A through H (1994) .
V.
JURISDICTION
The Board has jurisdiction of the subject matter herein and of the parties consenting
hereto pursuant to the Act .
VI.
APPLICABILITY AND AUTHORIZATION
This Stipulation and Proposal for Settlement shall apply to and be binding upon
Complainant, COUNTY OF SANGAMON, and Respondent, Jack Caldwell .
-5-
Respondent shall not raise as a defense to any action to enforce this Stipulation and Proposal
for Settlement the failure of any of its officers, agents, employees, servants, successors and
assigns to take such action as shall be required to comply with the provisions of this Stipulation
and Proposal for Settlement
. The undersigned representative 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 Proposal for Settlement and to legally bind them to it .
VII.
COVERED MATTERS
This Stipulation and Proposal for Settlement covers all claims asserted in the
Administrative Citation filed herein concerning violations of the Act, 415 ILCS 5/1 et seq .
(2004), and the regulations promulgated thereunder
. Covered matters do not include :
i .
Criminal liability ;
ii .
Claims based upon Respondent's failure to meet the requirements of this
Stipulations and Proposal for Settlement ;
iii
.
Liability for future violation of federal, state, local or common laws and/or
regulations ; and
iv
.
Any future liability for natural resource damage or for removal, cleanup, or
remedial action as
a result of a release of hazardous substances or the liability of Respondent
under Section 22 .2(f) of the Act, 415 ILCS 5/22.2(1) (2004), or under the Comprehensive
Environmental Response, Compensation and Liability Act, 42 U .S.C . sec. 9601-9675 .
-6-
VIII .
NONADMISSION OF LIABILITY
This Stipulation and Proposal for Settlement is entered into for the purpose of settling
and compromising disputed claims without the expense of contested litigation
. By entering into
this Stipulation and Proposal for Settlement and complying with its terms, Respondent does not
affirmatively admit the allegations of violation within the Administrative Citation, and this
Stipulation and Proposal for Settlement shall not be interpreted as including such admission
.
IX.
PROPOSAL FOR SETTLEMENT
1 .
Respondents shall pay Three Thousand Dollars ($3,000
.00) for the
open dumping violations within 30 days following the Pollution Control Boards acceptance of
this Stipulation and Proposal for Settlement
.
The payment shall be made by certified check, payable to the Sangamon County Department of
Public Health and submitted to :
Sangamon County Department of Public Health
Attention : Sheri L
. Carey
2501 North Dirksen Parkway
Springfield, Illinois 62702
The name, case number and Respondent Jack Caldwell's Social Security Number shall appear
on the certified check
.
2 .
As part of this Stipulation and Proposal for Settlement, the County agrees to
dismiss the alleged violation of Section
21(p)(3), 415 ILCS 5/21 (p)(3)
(2004), alleging open
dumping of waste in a manner resulting open burning
.
-7-
3.
In consideration of the payment by Respondents of $3,000 .00, the County
releases, waives and discharges Respondent from any violations of the Act or the Board's
regulations which were the subject matter of the Administrative Citation herein .
Respectfully Submitted,
COUNTY OF SANGAMON
JOHN SCHMIDT
State's Attorney for Sangamon County
BY:
SHERI L . CAREY
Assistant State's Atto
JACK CALDWELL
BY:
1/Zil
4t/
./
RANDALL ATTO
Attorney for Respondent
