BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
KAIiAM
TOOR and SURJIT TOOR,
individuals, d/b/a TOOR CAR and
TRUCK PLAZA, and SINGH INC. OF
ILLINOIS, a foreign corporation,
d/b/a
TOOR CAR and TRUCK PLAZA
Respondents.
)
1
1
)
PCB NO.
06-188
)
(Enforcement
-
Water)
1
)
)
1
)
1
)
1
NOTICE OF FILING
TO: Bill Seith
Total Environmental Solutions, P.C.
635
Butterfield Rd., Suite
240
Oakbrook Terrace, IL
60181
(VIA ELECTRONIC FILING)
PLEASE TAKE NOTICE that I have today filed with the Office
of the Clerk of the Illinois Pollution Control Board by
electronic filing the Stipulation and Proposal for Settlement,
and Motion to Request Relief from Hearing Requirement, true and
correct copies which are attached and hereby served upon you.
. .
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA
MADIGAN
nes General of the
TT
tto ney General
-~nvironmehtal Bureau
188
W. Randolph St.,
2oth
Floor
Chicago, Illinois
60601
(312) 814-5361
DATE: January
2, 2007
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 2, 2007
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
KARAM TOOR and SURJIT TOOR,
individuals, d/b/a TOOR CAR and
TRUCK PLAZA, and SINGH INC. OF
1
ILLINOIS, a foreign
corporation, d/b/a TOOR CAR and
TRUCK PLAZA
Respondents.
)
)
)
)
)
PCB NO. 06-188
)
(Enforcement
-
Water)
)
)
)
1
)
)
)
)
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 Respondents
KARAM TOOR and SURJIT TOOR, doing business as ("d/b/au) TOOR CAR
and TRUCK PLAZA, and SINGH INC. OF ILLINOIS, 'd/b/a
TOOR CAR and
TRUCK PLAZA, (collectively referred to as "Respondents"), 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 s'tatement of facts is made and agreed
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 2, 2007
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, Respondents agree 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 ("ActN), 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.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 2, 2007
,
111. STATEMENT OF FACTS
A. Parties
1. On June 23, 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
request of the Illinois EPA, pursuant to Section
42(d) and (e) of
the Act, 415 ILCS
5/42(d) and
(e),
(as amended by P.A. 93-831
(eff. July 28, 2004)), against the Respondents.
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. From at least April 26, 2004, and continuing through
the date of filing of this Stipulation, Respondent SINGH INC.
OF
ILLINOIS, d/b/a TOOR CAR and TRUCK PLAZA ("Singh") has been and
is a Wisconsin corporation registered to
d6 business in Illinois.
4. At all times relevant to this Stipulation, Respondent
KARAM
TOOR has been and is an individual and a Wisconsin
resident.
5. At all times relevant to this Stipulation, Respondent
SURJIT
TOOR has been and is an individual and a Wisconsin
resident.
B. Site Description
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 2, 2007
1.
From at least
1998
or a date better known to
Respondents, through April 26, 2004 or a date better known to
Respondents,
KARAM
TOOR and SURJIT TOOR ("the Toors") were doing
business as
Toor Car and Truck Plaza at a facility located at
43067 North U.S. Highway 41, Wadsworth, Lake County, Illinois
('Site")
.
2. From at least April 26,
2004
or a date better known to
Respondents, and continuing through the date of filing of this
Stipulation, Respondent Singh has done and continues to do
business as
Toor Car and Truck Plaza located at the Site.
3. Toor Car and Truck Plaza operates as a truck stop,
gasoline retailer and restaurant.
4. On December 4, 1998, the Illinois EPA issued National
Pollutant Discharge Elimination System ("NPDES") Permit No.
IL0073431 (the "NPDES Permit") to Toor Car
&
Truck Plaza for
discharging effluent from the wastewater treatment plant ("WWTP")
at the Site. The WWTP consists
of grease traps for kitchen
waste, a two compartment septic tank, and a recirculating sand
filter with chlorination,
dechlorination and a pump for pumping
to the receiving stream.
5. The NPDES Permit expired on November 30, 2003. On
September
8, 2005, the Illinois EPA received an NPDES Permit
renewal application for
Toor Car
&
Truck Plaza's WWTP.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 2, 2007
6. On March 20, 2006, the Illinois EPA reissued the NPDES
Permit to Respondents.
C. Allegations of Non-Compliance
Complainant contends that the Respondents have violated the
following provisions of the Act and Board regulations:
Count I
:
Failing to timely renew Respondent's NPDES
Permit, in violation of Section
12(f) of the Act,
415 ILCS 5/12
(f) (2004), and Section 309.104 (a)
of the Board Water Pollution Regulations, 35
Ill.
Adm. Code 309.104(a), and discharging effluent
from Respondent's WWTP without a valid NPDES
permit, in violation of Section
12(f) of the Act.
D. Admission of Violations
The Respondents neither admit nor deny the violations
alleged in the Complaint filed in this matter and referenced
*
within Section 1II.C herein.
E. Compliance Activities to Date
Respondents were issued an NPDES permit for the Site.
IV. APPLICABILITY
This Stipulation shall apply to and be binding upon the
Complainant and the Respondents, and any officer, director,
agent, or employee of the Respondents, as well as any successors
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 2, 2007
or assigns of the Respondents. The Respondents '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 Respondents 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, JANUARY 2, 2007
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. Complainant asserts that the alleged violations
threatened human health and the environment by precluding the
Illinois EPA from having knowledge of possible pollution threats
to waters of the state.
2. Respondents1 WWTP has social and economic value.
3. Respondents' WWTP is necessary and required by law and
is therefore suitable for the area in which it is located.
4. It is both technically practicable and economically
reasonable for Respondents to comply with the requirements of the
Act and Board regulations.
5. Respondents have subsequently complied with the Act and
the Board Regulations.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 2, 2007
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.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 2, 2007
In response to these factors, the parties state as follows:
1. The alleged violations continued from May 30, 2003
through March 20, 2006.
2. Respondents were not diligent in renewing their NPDES
Permit
.
3. The penalty obtained negates the economic benefit
accrued as a result of the delay in submitting an NPDES Permit
application to Illinois EPA.
4.
Complainant has determined, based upon the specific
facts of this matter, that a penalty of Six Thousand Three
Hundred Dollars ($6,300.00) will serve to deter further
violations and aid in future voluntary compliance with the Act
and Board regulations.
5. To Complainant's knowledge, Respondents have 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.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 2, 2007
VIII.
TERMS OF SETTLEMENT
A. Penalty Payment
1.
'
The Respondents shall pay a civil penalty in the sum of
Six
~housand Three Hundred Dollars ($6,300.00) within thirty (30)
days from the date the Board adopts and accepts this Stipulation.
The Respondents stipulate that payment has been tendered to
Respondents1 attorney
of record in this matter in a form
acceptable to that attorney. Further, Respondents stipulate that
said attorney has been directed to make the penalty payment on
behalf of Respondents, within thirty (30) days from the date the
Board adopts and accepts this
~ti~ulation, in a manner prescribed
below. The penalty described in this Stipulation shall be paid
by certified check or money order 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 Respondents' Federal Employer
Identification Number
(FEIN) shall appear on the check. A copy
of the certified check
money order and any transmittal
letter
shall be sent to:
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 2, 2007
VANESSA A. VAIL
Assistant Attorney General
Environmental Bureau
188 W. Randolph St.,
2oth Floor
Chicago, Illinois 60601
CHARLES GUNNARSON
Assistant Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Springfield,
~llinols 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, Respondents may
be reached at the following addresses:
MR.
KARAM
TOOR
3840 Jerelin Drive
Franklin,' Wisconsin 53132
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 2, 2007
MR. SURJIT TOOR
9520 W. Woelfel Road
Franklin, Wisconsin 53132
SINGH INC. OF ILLINOIS
c/o Mr.
Surjit S Toor
43067 N
Hwy
41
Wadsworth, Illinois 60083
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
VII1.D below, the Respondents
hereby agree that this Stipulation may be used against the
Respondents 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 Sections
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, Respondents agree
to waive any rights to contest, in any subsequent enforcement
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 2, 2007
action or permit proceeding, any allegations that these alleged
violations were adjudicated.
C. Cease and Desist
The Respondents shall cease and desist from future
violations of the Act 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 Respondents' payment of the
$6,300.00 penalty and any specified costs and accrued interest,
their commitment to Cease and Desist as contained in Section
V1II.C and upon the Board's acceptance and approval of the terms
of this Stipulation and Proposal for Settlement, the Complainant
releases, waives and discharges the Respondents from any further
liability or penalties for violations of the Act 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 23, 2006. The
Complainant reserves, and this Stipulation is without prejudice
to, all rights of the State of Illinois against the Respondents
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 2, 2007
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 Respondents' 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
Respondents
.
E. 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 Respondents' 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
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 2, 2007
EPA, its employees and representatives, and the Attorney General,
her employees and representatives may take photographs, samples,
and collect information, as they deem necessary.
F. 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. Respondents agree 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 Respondents
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, JANUARY 2, 2007
G. Execution of Document
This Stipulation shall become effective only when executed
by all parties and 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.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 2, 2007
WHEREFORE, Complainant and Respondents 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
:
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY
BY
:
/
ROBERT[ A. M~S~NA
Chief Legal Counsel
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 2, 2007
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BY
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BY:
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ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 2, 2007
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
)
Complainant,
)
)
PCB NO. 06-188
v.
)
(Enforcement
-
Water)
1
KARAM
TOOR and SURJIT TOOR,
)
individuals, d/b/a TOOR CAR and
)
TRUCK PLAZA, and SINGH INC. OF
)
ILLINOIS, a foreign corporation,
)
d/b/a TOOR CAR and TRUCK PLAZA
)
)
Respondents.
)
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 ("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:
I
1. The Complaint in this matter alleges violations of
Section 12
(f) of the Act, 415 ILCS 5/12 (f) (2004), and Section
309.104(a) of the Board Water Pollution Regulations, 35 Ill.
Adm. Code 309.104(a).
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 2, 2007
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
BY:
188 W. Randolph St., 20th Floor
Chicago, Illinois 60601
(312) 814-5361
DATE: January 2, 2007.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 2, 2007
CERTIFICATE OF SERVICE
I, VANESSA A. VAIL, an Assistant Attorney General, do certify that I caused to be
mailed this 2nd day of January 2007, true and correct copies of the Stipulation and Proposal for
Settlement, Motion to Request Relief from Hearing Requirement and Notice of Filing by
certified mail with return receipt requested to the person listed on the said Notice of Filing, and
depositing
same with the United States Postal Service located at 188 West Randolph Street,
Chicago, Illinois, 60601.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 2, 2007