Lisa Madigan
NITORNEY GENERAL
The Honorable Dorothy Gunn
Illinois Pollution Control Board
James R. Thompson Center, Ste
. 11-500
100 West Randolph
Chicago, Illinois 60601
Re :
People v
. Village of Nebo
PCB No. 07-41
Dear Clerk Gunn :
Enclosed for filing please find the original and one copy 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 envelope.
Thank you for your cooperation and consideration
.
Very truly yours,
JB/pp
Enclosures
OFFICE OF THE ATTORNEY GENERAL
STATE OF ILLINOIS
March 15, 2007
Jennifer onkowski
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
(217) 782-9031
RECEIVEDCLERgS
OFFICE
MAR 19 2007
Pollution
STATE OF
Control
ILLINOISBoard
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 • 1"1'Y : (312) 814-3374 • Fax : (312) 814-3806
1001 East Main, Carbondalc, Illinois 62901 •
(618) 529-6400 • 'I"EY: (618) 529-6403 • Fax : (618) 529-6416
BEFORE THE ILLINOIS POLLUTION
CONTROL BOARD
R LEERkSO
V/ED
PEOPLE OF THE STATE OF ILLINOIS,
)
MAR 1 9 2007
Complainant,
STATE OF ILLINOIS
)
Pollution Control Board
v.
)
PCB No. 07-41
(Enforcement - Water)
VILLAGE OF NEBO,
)
an Illinois municipal corporation,
)
Respondent .
)
NOTICE OF FILING
To :
Fred Prillaman, Esq .
National City Bank, Suite 325
One North Old Capital Plaza
Springfield, IL 62701
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
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated
: March 15, 2007
MATTHEW J. DUNN, Chief
Environmental Enforcement/Asbestos
Litigatio Division
BY:
NNIFE BONKOWSKI
ssistant ttorney General
Environmental Bureau
CERTIFICATE OF SERVICE
I hereby certify that I did on March 15, 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:
Fred Prillaman, Esq .
National City Bank, Suite 325
1 North Old State Capital Plaza
Springfield, IL 62701
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
1E NIFER ONKOWSKI
istant A orney General
This filing is submitted on recycled paper
.
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD RCEERROtS
OFFIED
MAR 1 9 2007
PEOPLE OF THE STATE OF ILLINOIS, )
Complainant,
Pollution
STATE OF
Control
ILLINOISBoard
)
V .
)
PCB No . 07-41
(Enforcement - Water)
VILLAGE OF NEBO,
)
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 : March 15, 2007
2
MATTHEW J . DUNN, Chief
Environmental Enforcement/Asbestos
itigation Divis'
.n
BY:
I A"
N
R BONKOWSKI
Enviro ental Bureau
Assistant Attorney General
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
Complainant,
)
-Vs-
PCB No. 07- 41
(Enforcement - Water)
VILLAGE OF NEBO, 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
VILLAGE OF NEBO, 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 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"),
415 ILCS 5/1 et seq . (2004) .
R LE~OVIED
MAR 19 2007
Poll
tion Cont
of
Board
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 .
III .
STATEMENT OF FACTS
A.
Parties
1 .
A complaint is being filed simultaneously with this Stipulation 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
ILLS 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 .
Respondent, the Village of Nebo ("Village"), is an Illinois municipal corporation
located in Pike County, Illinois, and the owner and operator of a "public water supply" as that
term is defined under Section 3 .365 of the Act, 415 ILLS 5/3 .365 (2004), as follows :
"Public Water Supply" means all mains, pipes and structures through
which water is obtained and distributed to the public, including wells and
well structures, intakes and cribs, pumping stations, treatment plants,
reservoirs, storage tanks and appurtenances, collectively or severally,
actually used or intended for use for the purpose of furnishing water for
drinking or general domestic use and which serves at least 15 service
connections or which regularly serves at least 25 persons at least 60
days per year . A public water supply is either a "community water
supply" or a "non-community water supply ."
The public water supply is also a community water supply or a "CW S" as that term is defined
under Section 3 .145 of the Act, 415 ILLS 5/3 .145 (2004) .
B .
Site Description
1 .
The Village's water supply serves approximately 435 residents from two drift
2
wells .
The water is chlorinated, fed caustic soda and sulfur dioxide, filtered, chlorinated again,
fed hydrofluosilicic acid, and discharged to the distribution system in a 75,000-gallon elevated
ground level storage tank .
2.
Pursuant to its approved written sample siting plan, the Village must collect three
coliform samples per month and submit coliform results as documentation of the sampling
.
3.
Pursuant to an Illinois EPA review of its files in March of 2004, the agency
discovered that the Village had not submitted coliform results in August 2003, or in the months
of October 2003 through February 2004
.
4.
The Illinois EPA inspected the Village's water supply and treatment facility on
February 26, 2004
. The subsequent analysis of a sample from a tap revealed a chlorine
residual of 0
.03 mg/I, less than the minimum standards required by Section 653 .604(a) of the
Illinois EPA Technical Policy Statements .
5.
The People allege, and the Village denies, that on February 26, 2004, Curt
Hubbard, the Village water operator, prevented the Illinois EPA's access to the water plant
.
6.
The Village's operating permit No
. 0994-FY1984, states that the flow through the
water plant cannot exceed 70 gallons per minute
.
7.
On March 1, 2004, the Illinois EPA again inspected the facility
. On that date, the
water plant was being operated in excess of its rated capacity of 70 gallons per minute
. The
Village had not notified the Illinois EPA regarding the change from its operating permit
.
8 .
On March 1, 2004, hydrofluosilicic acid and hydrochloric acid were stored in the
sulfur dioxide feed room
. There was a door between the chlorine and sulfur dioxide feed
rooms
. Doors to rooms containing sulfur dioxide are required to be open only to the outside
.
3
C .
Allegations of Non-Compliance
Complainant contends that the Respondent has violated the following provisions of the
Act and Board regulations :
Count I
:
By failing to comply with Section 611
.521 (a) of the Board's
Public Water Supply Regulations, 35 III
. Adm . Code
611
.521(a), the Respondent thereby violated Section
18(a)(2) of the Act, 415 ILCS 18(a)(2) (2004).
Count II :
The Village failed to submit the required operating reports
for the months of May 2002 through August 2004, and
upon request from the Illinois EPA, thereby violating
Sections 611 .831 and 653 .605 of the Board's Public Water
Supply Regulations, 35 III . Adm . Code 611
.831 and
653.605, as well as Section 19 of the Act, 415 ILCS 5/19
(2004).
Count Ill :
By failing to maintain the minimum chlorine residual in all
active parts of the water supply distribution system, the
Village has violated Section 601
.101 and 611 .240(g) of the
Board's Public Water Supply Regulations, 35 III
. Adm .
Code 601 .101 and 611 .240(g)
. By violating the Board's
Public Water Supply Regulations as to disinfection
requirements, the Village has also violated Sections
18(a)(1) and (2) of the Act, 415 ILCS 5/18(a)(1) and (2)
(2004).
Count IV :
By preventing the Illinois EPA's access to the water
operating plant for the purposes of inspection to assure
compliance with the Act and associated regulations, the
Village of Nebo did not continuously operate and maintain
the public water supply in a manner that assured safe and
quality clean drinking water, thereby violating Section
601
.101 of the Board's Public Water Supply Regulations,
35 III
. Adm . Code 601 .101 and Section 18(a)(2) of the Act,
415 ILCS 5/18(a)(2) (2004) .
Count V:
By allowing the water plant to exceed its permitted gallons
per minute without submitting plans and specifications and
obtaining written approval from the Illinois EPA, the Village
violated a condition of its operating permit No
. 0994-
FY1984 and Section 15(a) of the Act, 415 ILCS 5/15(a)
(2004), thereby violating Section 18(a)(3) of the Act, 415
ILCS 5/18(a)(3) (2004)
.
Count VI :
By storing gas feed equipment in the operating area, and
4
by having sulfur dioxide located in a room that opened to a
room containing chlorine and was not open only to the
outside, the Village has violated Sections 653 .601 and
370
.1021 of the Board's Regulations, 35 111
. Adm . Code
653
.601, and 370
.1021, thereby violating Section 18(a)(2)
of the Act, 415 ILCS 5/18(a)(2) (2004)
.
D.
Admission of Violations
The Respondent admits to' the violations alleged in Counts I, II, V, and VI of the
Complaint filed in this matter and referenced within Section IILC herein
.
The Respondent does not affirmatively admit the allegations of violation within Counts III
and IV of the Complaint filed in this matter and referenced within Section III
.C herein, and this
Stipulation shall not be interpreted as including such admissions
.
E .
Compliance Activities to Date
Nebo has implemented the following actions and is currently in compliance with the
Board Regulations and sections of the Act at issue in this matter .
•
The door between the chlorine gas and sulfur dioxide rooms has been sealed, and the
drinking water plant has returned to compliance
.
•
The water system is now performing the required monthly reporting and sample
collection
.
•
The village has obtained a permit for the fluoride feed system
.
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
5
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 III. Adm
. Code, Subtitles A through H
.
VI
. IMPACT ON THE PUBLIC RESULTING FROM ALLEGED NON-COMPLIANCE
Section 33(c) of the Act, 415 ILLS 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
:
1 .
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 drinking
water violations, and the degree of injury would be dependent upon the degree of possible
contact with water that was not adequately chlorinated and water lacking coliform sampling
.
The sampling, reporting, access, operating, and equipment location and chemical storage
6
violations also hinder the ability of the Illinois EPA to protect the health and welfare of the
drinking water population ;
2.
The parties agree that Respondent's facility is of social and economic benefit
;
3 .
Respondent's facility is suitably located in Nebo, Pike County, Illinois
;
4 .
The parties agree that complying with the Act and regulations is technically
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 not limited to the following factors :
2 .
3 .
4 .
the duration and gravity of the violation
;
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 ;
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
;
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
7
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
:
1 .
The violations are of a serious nature, as the lack of coliform sampling prevents
the public water supply from knowing whether bacteria, viruses, and other contaminants are
present in the drinking water supply, and the lack of disinfection poses a health threat to
consumers
. Sampling violations occurred during August 2003 and October 2003 through
February 2004
; operating report violations occurred during May 2002 through August 2004
;
disinfection and access violations occurred on February 26, 2004
; operating and equipment
storage violations occurred from March 1, 2004, through a date better known to Respondent
.
2 .
The Village has worked to achieve compliance subsequent to the Illinois EPA
alerting them to compliance problems
.
3 .
The Respondent did not accrue any economic benefit in this matter
.
4 .
Complainant has determined that a monetary penalty of $1,500
.00 will serve to
deter further violations and aid in future voluntary enforcement of the Act and applicable
regulations.
5 .
To Complainant's knowledge, Respondent has no previously adjudicated
violations of the Act .
6 .
The Respondent did not voluntarily self-disclose the non-compliance to the
Illinois EPA
; and
7 .
The settlement of this matter does not include an SEP
.
8
VIII
. TERMS OF SETTLEMENT
A.
Penalty Payment
The Respondent shall pay a civil penalty in the sum of One Thousand Five
Hundred Dollars ($1,500
.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 ILLS 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 ILLS 5/1003 (2004)
. Interest
on any unpaid payment shall begin to accrue from the date the payment is due and continue to
9
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
Fund and delivered to the address and in the manner described above
.
3.
For purposes of payment and collection, Respondent may be reached through its
attorney at the following address
:
Fred Prillaman, Esq .
National City Bank, Suite 325
1 North Old Capital Plaza
Springfield, IL 62701
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 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 Counts I, II, V and VI of the
Complaint filed in this matter, and as proof that the violations alleged in Counts III and IV of the
Complaint filed in this matter were considered and acted upon by the parties, 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 the alleged violations in Counts I, II, V and VI
10
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 alleged in Section III .C
("Allegations of Non-Compliance") of this Stipulation .
D.
Release from Liability
In consideration of the Respondent's payment of the $1,500 .00 penalty and any
specified costs and accrued interest, to Cease and Desist as contained in Section VIII
.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 simultaneously
with this Stipulation . 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
11
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.
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
.
F.
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
Ronnie Wayne Goewey
Nebo Village Hall
P .O . Box 277
Nebo, IL 62355
12
Fred Prillaman, Esq .
National City Bank, Suite 325
1 North Old Capital Plaza
Springfield, IL 62701
G .
Modification of Stipulation
The parties may, by mutual written consent, agree to extend 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 .F
. 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 .
H .
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
13
be inconsistent with state or federal law, and therefore unenforceable, the remaining clauses
shall remain in full force and effect .
14
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,
Dated :
---1
zx g
6
7
15
LISA MADIGAN,
Attorney General
State of Illinois,
MATTHEW J . DUNN, Chief
Environmental Enforcement/
Asbestos Litigation Division
THOMAS DAVIS, Chief
Environmental Bureau
Assistant Attorney General
ILLINOIS ENVIRONMENTAL
PROTEC ION AGENCY
Dated
:
BY:
C
7 ~ ~
ROBERTA. MES INA
Chief Legal Counsel
Division of Legal Counsel
VILLAGE OF NEBO,
an Illinois municipal corporation
Dated : cQ/oa0/0-7
BY :
