Lisa Madigan
VI-
IORNHY(ENIiRAl
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
February 5, 2007
Re:
People v. City of Gillespie, PCB 06-79
Jennifer onkowski
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
(217) 782-9031
JB/pp
Enclosures
S(10 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) 529-640(1 • TTY
: (618) 529-6403 • Fax : (618) 529-6416
RECEIVEDCLERK'S
OFFICE
FEB 0 7 2007
Pollution
STATE OF
Control
ILLINOISBoard
RECEIVED
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS, )
FE& 0
2007
Complainant,
STATE OF ILLINOIS
)
Pollution
Control Boarc
v.
)
PCB No. 06-79
(Enforcement)
CITY OF GILLESPIE,
)
an Illinois municipal corporation,
)
Respondent.
)
NOTICE OF FILING
To:
Kevin Polo, Esq
.
Attorney at Law
207 North Macoupin
Gillespie, IL 62033
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:
JENNI
R BONKOWSKI~C
Assist nt Attorney General
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated : February 5, 2007
CERTIFICATE OF SERVICE
I hereby certify that I did on February 5, 2007, 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:
Kevin Polo, Esq .
Attorney at Law
207 North Macoupin
Gillespie, IL 62033
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
NIFERrONKOWSKI
sistant A torney General
This filing is submitted on recycled paper
.
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECEIVEDCLERKS
OFFICE
PEOPLE OF THE STATE OF ILLINOIS,
)
FEE' 0 1 2007
Complainant,
STATE OF ILLINOIS
)
Pollution Control Board
v.
)
PCB No
. 06-79
(Enforcement)
CITY OF GILLESPIE,
)
an
Illinois municipal 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
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated : February 5, 2007
2
MATTHEW J . DUNN, Chief
Environmental Enforcement/Asbestos
tigation Division
BY
J . LJL.A,
JENNIF R Be KOWSKI
Environ ental Bureau
Assistant Attorney General
BEFORE THE ILLINOIS POLLUTION
CONTROL BOARD RECEIVED
CLERK'S
OFFICE
PEOPLE OF THE STATE OF ILLINOIS, )
FEB 0 7 2007
Complainant,
)
Pollution
STATEOF
Control
ILLINOISBoard
-VS-
)
PCB No . 06-79
(Enforcement)
CITY OF GILLESPIE,
)
an Illinois municipal 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
CITY OF GILLESPIE, an Illinois municipal corporation, ("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 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 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 mound 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) .
1
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 .
II . STATEMENT OF FACTS
A.
Parties
1 .
A complaint was filed on November 18, 2005, 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.
The City of Gillespie ("City") is an Illinois municipal corporation located in
Macoupin County, Illinois .
B.
Site Description
1 .The City is the owner and operator of a municipal wastewater treatment plant
("W W TP").
2.
The City's WWTP serves approximately 2,800 residents .
3.
The Illinois EPA has issued to the City National Pollutant Discharge Elimination
System ("NPDES") Permit No
. IL0022497 authorizing the discharge of treated effluent to an
unnamed tributary of Bear Creek .
4.
The Respondent is required by its NPDES permit to sample the discharge and to
timely submit to the Illinois EPA monthly Discharge Monitoring Reports ("DMRs").
2
C .
Allegations of Non-Compliance
Complainant contends that the Respondent has violated the following provisions of the
Act and Board regulations :
Count I :
The City failed to timely submit to the Illinois EPA monthly
Discharge Monitoring Reports as required by its NPDES
permit from December 2003 through December 2004 .
By failing to comply with the reporting requirements of its
NPDES permit, the Village has violated Section 305 .102(b)
of the Board's Water Pollution Regulations, 35 III
. Adm
.
Code 305
.102(b), and Section 12(f) of the Act, 415 ILCS
5/12 (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
An additional City employee has been certified to complete the DMRs, and the City has
submitted back reports .
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
3
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(c) 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 :
Complainant contends that the injury to, or interference with, the protection of the
health, general welfare, and physical property of the People would be characterized as failure to
comply with requirements meant to protect water quality in the State
;
2 .
The parties agree that Respondent's WWTP is of social and economic benefit
;
3 .
Respondent's facility is suitably located in the City of Gillespie, Macoupin County,
Illinois .
4 .
The parties agree that complying with the Act and regulations is technically
4
practicable and economically reasonable
; and
5
.
Respondent implemented measures subsequent to the alleged violations that
are the subject of the Complaint in this matter in order to operate in compliance with the Act
.
VII
. CONSIDERATION OF SECTION 42(h) FACTORS
Section 42(h) of the Act, 415 ILCS 5142(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 riot
limited to the following factors
:
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
:
5
The failure to timely submit DMRs occurred from December 2003 through
December 2004
. Submitting DMRs is the cornerstone of the NPDES self-reporting system
;
2.
Subsequent to the City's receipt of the violation notice, Gillespie significantly
improved its past neglect in meeting DMR requirements
;
3 .
The Respondent accrued a nominal economic benefit in this matter
.
4 .
Complainant has determined that a monetary penalty of $2,000
.00, in addition to
the supplemental environmental project
("SEP")
outlined in number 7 below, will serve to deter
further violations and aid in future voluntary enforcement of the Act and applicable regulations
.
5.
The Illinois EPA has previously referred Gillespie for water pollution control
("WPC") and public water supply ("PWS")
violations
. In 1988, Gillespie was referred for WPC
violations and ordered to pay a $3,500
.00 penalty
. Gillespie was again referred for WPC
violations in 1989 for the unauthorized cutting of a berm and discharge of effluent
. Gillespie
settled for and paid a $1,000
.00 penalty in 1995
. In 1998, Gillespie was referred for PWS
violations and paid a penalty of $8,000.00;
6 .
The Respondent did not voluntarily self-disclose the non-compliance to the
Illinois EPA ; and
7 .
The settlement of this matter does include a SEP in addition to the monetary
penalty
. In order to promote the goals of the Act to restore, protect and enhance the quality of
the environment, Respondent shall implement a SEP that consists of a $5,000
.00 grant to the
Gillespie Soccer Association, designated for securing the Little Dog Coal Mine site
.
VIII
. TERMS OF SETTLEMENT
A.
Penalty Payment
The Respondent shall pay a civil penalty in the sum of two thousand dollars
6
($2,000
.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 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 :
Peggy Poitevint
Office of the Attorney General
Environmental Bureau
500 South Second Street
Springfield, IL 62706
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, money order or electronic funds
transfer, payable to the Illinois EPA, designated to the Illinois Environmental Protection Trust
7
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 :
Kevin A. Polo
City Attorney
City of Gillespie
115 North Macoupin Street
Gillespie, IL 62033
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.
Supplemental Environmental Project
In order to promote the goals of the Act to restore, protect and enhance the quality of
the environment, Respondent shall perform the following SEP . The City will implement the SEP
within sixty (60) days from the date the Board adopts and accepts this Stipulation
.
Project Name : Securing of Little Dog Coal Mine site through grant to the
Gillespie Soccer Association
Type of Project : Environmental Restoration and Protection
Estimated Cost : $5,000
.00 grant to the Gillespie Soccer Association
designated for securing the Little Dog Coal Mine site
; entire cost of
project will greatly exceed $5,000
.00 with the Gillespie Soccer
Association paying the remainder .
Description of Proposed Project
: The grant will fund a project that
involves the construction of a fence surrounding environmentally sensitive
areas of the former Little Dog Coal Mine (currently owned/operated by
the Gillespie Soccer Association with designated areas being used as
sporting fields) .
Expected Environmental Benefit : The fencing is needed to protect the
sensitive areas from being driven on by vehicles and ATV's, this activity
having caused rutting and erosion on the environmentally sensitive
slopes . The sloped areas consist of a thin layer of soil covering waste
material of the former mining operation . When exposed through rutting
and erosion caused by vehicle traffic, the waste material has been
8
leaching into Bear Creek
. The fencing would be an attempt to reduce or
eliminate the erosion and leaching
.
Region
: The project would be located wholly with Macoupin County,
Illinois .
Specific Location
: The site is located at the former Little Dog Coal Mine
site on the north side of the City of Gillespie
. The project would be
located partially within the municipal boundaries of the City of Gillespie,
partially within the municipal boundaries of the Village of East Gillespie
and partially within the unincorporated area of Gillespie Township .
The
site drains into the Bear Creek watershed
.
Name, Address, City, State, Zip Code of group submitting the
project idea
: City of Gillespie, 115 North Macoupin, Gillespie, Illinois
62033
Contact Persons :
Joshua Ross, Mayor (217) 839-2919
Kevin A
. Polo, City Attorney (217) 839-2000
(kevinapolo(c)
vahoo
.com)
C .
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
.E, 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(l) 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 .
D.
Cease and Desist
The Respondent shall cease and desist from future violations of the Act and Board
9
Regulations that were the subject matter of the Complaint as outlined in Section III
.C
("Allegations of Non-Compliance") of this Stipulation
.
E.
Release from Liability
In consideration of the Respondent's payment of the $2,000
.00 penalty and any
specified costs and accrued interest, completion of the SEP, to Cease and Desist as contained
in Section VIII
.D 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 November 18, 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
;
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
.
F.
Right of Entry
10
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
.
G.
Correspondence,
Reports and Other Documents
Any and all correspondence, reports and any other documents required under this
Stipulation, except for payments pursuant to Section VIII
.A ("Penalty Payment") of this
Stipulation shall be submitted as follows
:
As to the Complainant
Jennifer Bonkowski
Assistant Attorney General
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
Joey Logan-Wilkey
Assistant Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
Springfield, IL 62794
As to the Respondent
Kevin A . Polo
City Attorney
City of Gillespie
115 North Macoupin Street
Gillespie, IL 62033
Modification of Stipulation
The parties may, by mutual written consent, agree to extend any SEP implementation
H .
11
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
.G . 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
.
I .
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
.
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 .
12
WHEREFORE, Complainant and Respondent request that the Board adopt and accept
the foregoing Stipulation and Proposal for Settlement as written .
Dated : 0/ /OK/OJ
13
ILLINOIS ENVIRONMENTAL
PROT TION AGEN
Dated : I
1~L~
BY
: R
BER A. MES INA
Chief Legal Counsel
Division of Legal Counsel
CITY OF GILLESPIE,
an Illinoi municipal
rporation
Dated : ! ( j~
U7
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
