Dated: June 15 . 1998
BEFORE THE ILLIN L
.:
BY:
OA
THIS FILING IS SUBMITTED ON RECYCLED PAPER
PEOPLE OF THE STATE OF ILLINOIS
JAMES E
. RYAN
Attorney General
State of Illinois
SUSAN
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W
,
.
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HORN
Assistant Attorney General
Environmental Bureau
100 West Randolph Street, 11th Floor
Chicago, Illinois 60601
(312) 814- 1511
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JUN 151998
PLEASE TAKE NOTICE that we have today filed with the Illinois Pollution Control
Board a Stipulation and Proposal for Settlement and a Motion to Request Relief From Hearing
Requirement, copies of which are attached and served upon you .
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
)
STATE OF ILLINOIS
POLLUTION CONTROL BOARD
vs.
PCB No. 98- 85
THE CENTRAL ILLINOIS CONFERENCE
(Land Enforcement)
OF THE UNITED METHODIST CHURCH,
an Illinois not-for-profit corporation,
Respondent .
)
NOTICE OF FILING
TO: Charles J . Northrup
Sorling, Northrup, Hanna,
Cullen & Cochran
607 East Adams Street, Suite
P.O. Box 5131
Springfield, Illinois 62705
800
Amy L. Jackson
Hearing Officer
Illinois Pollution Control Board
600 South Second Street
Suite 402
Springfield, Illinois 62704
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLEIRK'S OP$01oc"
JUN 15 1998
PEOPLE OF THE STATE OF ILLINOIS,
)
STATE OF ILLINOIS
POLLUTION
CONTROL BOARD
Complainant,
)
vs.
)
PCB No. 98- 85
THE CENTRAL ILLINOIS CONFERENCE
)
(Land Enforcement)
OF THE UNITED METHODIST CHURCH,
)
an Illinois not-for-profit corporation,
)
Respondent .
)
STIPULATION AND PROPOSAL FOR SETTLEMENT
The Complainant, PEOPLE OF THE STATE OF ILLINOIS, by JAMES E . RYAN,
Attorney General of the State of Illinois, on his own motion and at the request of the Illinois
Environmental Protection Agency ("Illinois EPA"), and the Respondent, THE CENTRAL
ILLINOIS CONFERENCE OF THE UNITED METHODIST CHURCH, an Illinois not-for-
profit corporation ("Conference"), do hereby agree to this Stipulation and Proposal for
Settlement
. 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 full
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 this or any
other proceeding except to enforce the terms of this agreement . Notwithstanding the previous
sentence, for purposes of Section 42(h) of the Illinois Environmental Protection Act ("Act"), 415
ILCS 5/42(h) (1996), this Stipulation and Proposal for Settlement and any Illinois Pollution
Control Board ("Board") order accepting same may be used in any future enforcement action as
1
evidence of past adjudication of violations of the Act . This agreement shall be null and void
unless the Illinois Pollution Control Board ("Board") approves and disposes of this matter on
each and every one of the terms and conditions of the settlement set forth herein .
I.
JURISDICTION
The Board has jurisdiction of the subject matter herein and of the parties consenting
hereto pursuant to the Act, 415 ILCS 5/1 et seq. (1996).
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
Proposal for Settlement and to legally bind the party they represent to this Stipulation and
Proposal for Settlement .
III.
APPLICABILITY
This Stipulation and Proposal for Settlement shall apply to and be legally binding upon
the Complainant and the Respondent, as well as the successors and assignees of each, and any
officer, director, agent, employee or servant of the Respondent
. The Respondent shall not raise
as a defense to any enforcement action taken pursuant to this Stipulation and Proposal for
Settlement the failure of its officers, directors, agents, servants or employees to take such action
as shall be required to comply with the provisions of this Stipulation and Proposal for Settlement .
2
A.
PARTIES
1 .
The Attorney General of the State of Illinois brought this action on his own
motion and at the request of the Illinois EPA pursuant to the statutory authority vested in him
under Sections 22 .2(f) and 31 of the Illinois Environmental Protection Act ("Act"), 415 ILCS
5/22.2(f)
and 31 (1996) .
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 (1996), and charged, inter alia,
with the duty of
enforcing the Act .
3 .
The Respondent, The Central Illinois Conference of the United Methodist Church,
is an Illinois not-for-profit corporation in good standing .
4.
At all times relevant to the Complaint and this Stipulation and Proposal for
Settlement, the Respondent has owned and operated a recreational camp, commonly known as
East Bay Camp, located at RR 2, Hudson, McLean County, Illinois
.
B .
ALLEGED VIOLATIONS
On December 12, 1997, the Complainant, People of the State of Illinois, filed a
complaint against the Respondent, The Central Illinois Conference of the United Methodist
Church. The complaint alleges the following :
Count I :
Open Dumping (Violation of 21 (a) of the Act) ;
Count II :
Improper Disposal (Violation of 21(e) of the Act) ;
Count III :
Conducting a Hazardous Waste Storage/Disposal Facility Without a
Permit (Violations of 21(f) of the Act and 35111 . Adm. Code 703 .121 and
703 .150)
;
IV.
STATEMENT OF FACTS
3
Count IV :
Failure to Develop and Follow a Written Waste Analysis Plan
(Violations of 21(f) of the Act and 35 Ill . Adm. Code 725
.113) ;
Count V :
Violations of Operating Requirements For Hazardous Waste
Storage/Disposal Facility (Violations of 21(f) of the Act and
35 111. Adm. Code 725 .114, 725 .115, 725 .116, 725 .117, 725 .131,
725.132, 725 .133, 725 .134 and 725 .137);
Count VI :
Violation of Land Disposal Requirements (Violations of 21(f) of the Act
and 35 Ill . Adm. Code 725 .273, 725 .412, 725 .414 and 728 .109) ;
Count VII
:
Failure to have a Contingency Plan for the Site (Violations of 21(f) of the
Act and 35111 . Adm. Code 725 .15 1);
Count VIII : Failure to have an Emergency Coordinator for the Site (Violations of
21 (f) of the Act and 35111 . Adm. Code 725 .155 and
725
.156) ;
Count IX:
Failure to Maintain Operating Records (Violations of 21(f) of the Act
and 35111. Adm. Code 725 .173) ;
Count X:
Failure to Submit Annual Report (Violations of 21(f) of the Act and
35111. Adm. Code 725 .175 and 725 .177)
;
Count XI: Failure to Prepare and Implement a Groundwater Monitoring Program and
Groundwater Sampling Program (Violations of 21(f) of the Act and
35111. Adm. Code 725 .190, 725 .191, 725 .192 and 725 .193);
Count XII :
Failure to have Closure Plan (Violations of 21(f) of the Act and
35 Ill . Adm. Code 725 .212) ;
Count XIII : Failure to have Post-Closure Plan (Violations of 21(f) of the Act and
35 Ill . Adm. Code 725 .218) ;
Count XIV
: Failure to Provide Cost Estimates for Closure (Violations of 21 (f) of the
Act and 35 Ill . Adm. Code 725 .242);
Count XV :
Failure to Provide Financial Assurance for Closure (Violations of 21(f) of
the Act and 35 Ill. Adm. Code 725 .243) ;
Count XVI : Failure to Provide Cost Estimates and Financial Assurance for Post-
Closure Care (Violations of 21(f) of the Act and
35 Ill. Adm. Code 725 .244 and 725 .245);
Count XVII : Violation of Record Keeping Requirements (Violations of 21 (f) of the Act
and 35 111
. Adm. Code 725
.409); and
Count XVIII : Cost Recovery (Recovery Pursuant to 22 .2(f) of the Act) .
V.
NATURE
OF RESPONDENT'S OPERATIONS
The Respondent owns and operates the site as East Bay Camp, a recreational camp area
and lodge.
4
VI.
EXPLANATION OF PAST FAILURES TO COMPLY WITH THE ACT
1 .
The Respondent uses pesticides only in its maintenance operations at the site .
2.
In approximately August of 1989, the Respondent improperly buried at least eight
deteriorated and/or leaking drums at the site . Not all of these drums contained hazardous waste
pesticides . In approximately February of 1990, these drums, along with contaminated soil, were
removed .
3 .
In approximately February of 1990, the Respondent stored several containers of
pesticides in a storage shed at the site . These pesticides were not stored in accordance with
RCRA requirements .
4.
Since that time, the Respondent has been working with the Illinois EPA to address
soil contamination that resulted from the improper storage and disposal of the drums and other
containers of hazardous waste pesticides
. This work has been undertaken under RCRA
requirements
.
5.
As of the date of the filing of this Stipulation and Proposal for Settlement, the
work to address the contamination has been completed pursuant to the terms of a RCRA closure
plan, and the Respondent submitted its final RCRA closure documentation to the Illinois EPA on
December 26, 1997
.
VII.
FUTURE PLANS FOR COMPLIANCE
Without admitting or denying the existence of such alleged past failures, the Respondent
shall comply with the Act and the Board's Regulations and all permits issued thereunder, and the
5
Respondent shall cease and desist from any actions that might or would violate the provisions of
the Act and the regulations promulgated thereunder
.
VIII.
IMPACT ON THE PUBLIC RESULTING FROM NON-COMPLIANCE
Section 33(c) of the Act, 415 ILCS 5/33(c) (1996), 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 .
Although the Respondent neither admits nor denies the violations of the Act and Board's
regulations as set forth herein, the parties state as follows :
1 .
The injury to the health, general welfare and physical property of the people was
that hazardous waste pesticides were stored and disposed of at the site without a permit from the
Illinois EPA and without properly preparing the site for such storage and disposal . These actions
contaminated the soil in the drum disposal area and thereby threatened the health, general welfare
and physical property of the people . However, no evidence exists, nor is any allegation made,
6
that this contaminated soil resulted in any impact to human health or the general welfare . Also,
sampling identified no impact to groundwater .
2.
The parties agree that East Bay Camp is of social and economic value;
3 .
The hazardous waste pesticides were not suitable for disposal at the site ;
4.
Complying with the requirements of the Act and the Illinois Pollution Control
Board's regulations regarding the proper storage and disposal of the hazardous waste pesticides
was both technically practicable and economically reasonable
; and
5.
The Respondent has properly remediated the contamination at the site, and the
Respondent has submitted the final closure documentation to the Illinois EPA to certify that the
facility is properly closed pursuant to RCRA .
Ix
CONSIDERATION OF SECTION 42(h) FACTORS
Section 42(h) of the Act, 415 ILCS 5/42 (h) (1996), 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 violator in
attempting to comply with the requirements of this Act and regulations
thereunder or to secure relief therefrom as provided by this Act ;
3 .
any economic benefits accrued by the violator because of delay in
compliance with the requirements ;
4.
the amount of monetary penalty which will serve to deter further
violations by the violator and to otherwise aid in enhancing voluntary
compliance with this Act by the violator and other persons similarly
subject to the Act; and
7
5.
the number, proximity in time, and gravity of previously adjudicated
violations of the Act by the violator .
Although the Respondent neither admits nor denies the violations of the Act and the
Board's regulations as set forth herein, the parties state as follows :
1 .
The hazardous waste storage and disposal activities began in at least 1989
. Any
improperly disposed of or stored drums were removed in February 1990, but because the Illinois
EPA has not yet certified that the site has been properly closed pursuant to RCRA, the alleged
violations continue through the date of the filing of this Stipulation and Proposal for Settlement ;
2.
The Respondent made no attempt to comply with the regulations regarding the
storage and disposal of the hazardous waste pesticides at the site until the Illinois EPA
involvement at the site in February 1990 . Since that time, the Respondent has worked with the
Illinois EPA to satisfactorily address any concerns at the site ;
3 .
The Respondent accrued the economic benefit of not having to properly dispose
of the hazardous waste pesticides and surrounding soil contaminated with these hazardous waste
pesticides from at least August of 1989 through February of 1990 for the storage site and at least
August of 1989 through the date of the filing of this Stipulation and Proposal for Settlement for
the drum disposal area
. However, the Respondent represents that it has incurred costs of
approximately $251,000 .00 since 1990 to address any on-site contamination ;
4.
The Complainant has determined that a Fifteen Thousand Dollar ($15, 000.00)
settlement payment by the Respondent to the Environmental Protection Trust Fund, referred to in
Section X . of this Stipulation and Proposal for Settlement, will serve to deter further violations
and aid in future voluntary enforcement of the Act and Board regulations
; and
8
5 .
The Respondent has no previously adjudicated violations of the Act .
X.
TERMS OF SETTLEMENT
1 .
For purposes of reaching settlement, the Respondent neither admits nor denies the
violations alleged in the complaint .
2.
The Respondent shall make two settlement payments as follows :
a.
Within thirty (30) days from the date on which the Board adopts a final
order approving this Stipulation and Proposal for Settlement, the Respondent shall pay
$40,076.00 by a certified check or money order made payable to the Treasurer of the State of
Illinois and designated for deposit in the Illinois Hazardous Waste Fund to reimburse the Illinois
EPA for the costs it incurred at the site
; and
b.
Within thirty (30) days from the date on which the Board adopts a final
order approving this Stipulation and Proposal for Settlement, the Respondent shall pay a penalty
of $15,000 .00 by a certified check or money order made payable to the Treasurer of the State of
Illinois and designated for deposit in the Illinois Environmental Protection Trust Fund .
3.
These payments shall be sent by first class mail to :
Illinois Environmental Protection Agency
Fiscal Services Division
1021 North Grand Avenue East
P .O. Box 19276
Springfield, Illinois 62702 .
On each check or money order, the Respondent shall include the case name and number and the
Respondent's Federal Employer Identification Number ("FEIN") . A copy of each check or
money order shall be sent by first class mail to :
9
Susan W . Horn
Assistant Attorney General
Office of the Illinois Attorney General
100 West Randolph Street
11th Floor, Environmental Bureau
Chicago, Illinois 60601 .
4.
Pursuant to Section 42(g) of the Act, 415 ILCS 5/42(g)(1996), interest shall
accrue on any penalty amount not paid within the time period prescribed herein at the maximum
rate allowable under Section 1003(a) of the Illinois Income Tax Act, 35 ILCS 5/1003(a)(1996),
as follows :
a.
Interest on unpaid penalties shall begin to accrue from the date the
payments are due and continue to accrue until the date payment is received ;
b.
Where partial payment is made on any payment amount that is due, such
partial payment shall first be applied to any interest on unpaid payments then owing ; and
c.
All interest on payments owed to the Complainant shall be paid by
certified check payable to the Treasurer of the State of Illinois for deposit in the same fund the
payment shall be deposited into pursuant to Section X.2
. above and delivered to :
Illinois Environmental Protection Agency
Fiscal Services Division
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62702 .
5.
On each check or money order for accrued interest owed pursuant to Section X
.4.
above, the Respondent shall include the case name and number and the Respondent's Federal
Employer Identification Number ("FEIN") . A copy of each check or money order shall be sent
by first class mail to
10
Susan W . Horn
Assistant Attorney General
Office of the Illinois Attorney General
100 West Randolph Street
11th Floor, Environmental Bureau
Chicago, Illinois 60601 .
6 .
The Respondent shall conduct all future operations in compliance with the Act
and regulations promulgated thereunder
.
XI.
COMPLIANCE WITH OTHER LAWS AND REGULATIONS
This Stipulation and Proposal for Settlement in no way affects the Respondent's
responsibility to comply with any federal, state or local regulation, including but not limited to,
the Act, 415 ILCS 5/1 et seq
. (1996), and the Board's regulations .
XII.
RELEASE FROM LIABILITY
In consideration for the Respondent's payments of $40,076 .00 and $15,000 .00 and
commitment to refrain from future violations of the Act, the Complainant shall release, waive
and discharge the Respondent from any further liability for the Illinois EPA's past costs incurred
at the site and any further liability or penalties for violations of the Act which were the subject
matter of the complaint herein upon receipt by the Illinois EPA of all payments required by
Section X. of this Stipulation and Proposal for Settlement
. However, nothing in this Stipulation
and Proposal for Settlement shall be construed as a waiver by the Complainant of the right to
redress future violations of the Act and/or obtain penalties with respect thereto.
11
WHEREFORE, the Complainant and the Respondent request that
the Board adopt and
accept the foregoing Stipulation and Proposal for Settlement as written .
AGREED:
FOR THE COMPLAINANT :
FOR THE RESPONDENT :
PEOPLE OF THE STATE OF ILLINOIS
THE CENTRAL ILLINOIS CONFERENCE
OF THE UNITED METHODIST CHURCH
JAMES E . RYAN
Attorney General
State of Illinois
MATTHEW J . DUNN, Chief
Environmental Enforcement/
Asbestos Litigation Division
BY:
WILLIAM D
. SEITH, Chief
Environmental Bureau
Assistant Attorney General
DATED :
ill /QS--
ILLINOIS ENVIRONMENTAL
OSE' H E
. SVOBODA
General Counsel
Division of Legal Counsel
DATED:
/ye
12
BY:
JOHN H . WOODRUFF
Treasurer and Director
of Administrative Services
DATED: /'ft1
BEFORE THE ILLINOIS POLLUTION CONTROL BOA
PEOPLE OF THE STATE OF ILLINOIS,
)
)
Complainant,
)
vs.
)
Respondent
.
)
THE CENTRAL ILLINOIS CONFERENCE
OF THE UNITED METHODIST CHURCH,
an Illinois not-for-profit corporation,
MOTION TO REOUEST RELIEF FROM HEARING REOUIREMENT
NOW COMES the Complainant, PEOPLE OF THE STATE OF ILLINOIS, by JAMES
E
. RYAN, Attorney General of the State of Illinois, and requests relief from the hearing
requirement in the above-captioned matter
. In support thereof, the complainant states as follows :
1 .
On December
12, 1997,
the Complainant filed its Complaint in this matter with
the Illinois Pollution Control Board ("Board")
.
2 .
Section 31(c)(2)
of the Illinois Environmental Protection Act
("Act"),
415 ILCS
5/31(c)(2)(1996),
allows the parties in certain cases to request relief from the mandatory hearing
requirement where the parties have submitted to the Board a stipulation and proposal for
settlement. Section
31(c)(2) provides:
Notwithstanding the provisions of subdivision (1) of this subsection
(c),
whenever a
complaint has been filed on behalf of the Agency or by the People of the State of Illinois,
the parties may file with the Board a stipulation and proposal for settlement accompanied
by a request for relief from the requirement of a hearing pursuant to subdivision
(1) .
Unless the Board, in its discretion, concludes that a hearing will be held, the Board shall
cause notice of the stipulation, proposal and request for relief to be published and sent in
the same manner as is required for hearing pursuant to subdivision (1) of this subsection
.
The notice shall include a statement that any person may file a written demand for
1
PCB No.
98- 85
(Land Enforcement)
----
tg6EIVED
CLERK'S OFFICE
JUN 15 1998
STATE OF ILLINOIS
POLLUTION CONTROL BOARD
hearing within 21 days after receiving the notice
. If any person files a timely written
demand for hearing, the Board shall deny the request for relief from a hearing and shall
hold a hearing in accordance with the provisions of subdivision
(1).
3 .
No hearing is currently scheduled in this case
.
4 .
The Complainant requests the relief conferred by Section 31(e)(2) of the Act
.
WHEREFORE, the Complainant, PEOPLE OF THE STATE OF ILLINOIS, by JAMES
E
. RYAN, Attorney General of the State of Illinois, requests relief from the requirement of a
hearing pursuant to 415 ILCS 5/31(c)(2)(1996)
.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
JAMES E
. RYAN
Attorney General
State of Illinois
MATTHEW J
. DUNN, Chief
Environmental Enforcement/ Asbestos
Litigation Division
WILLIAM D
. SEITH, Chief
Environmental Bureau
BY:
Dated: June 15. 1998
SUSAN W
. HORN
Assistant Attorney General
Environmental Bureau
100 West Randolph Street, 11th Floor
Chicago, Illinois 60601
(312) 814-1511
2
CERTIFICATE OF SERVICE
I, SUSAN W
. HORN, an Assistant Attorney General in this case, do certify that on this
15th day of June, 1998, I caused to be served by first class mail the foregoing Notice of Filing,
Stipulation and Proposal for Settlement and Motion to Request Relief from Hearing Requirement
upon the persons listed on the Notice of Filing by depositing same in the U .S . Mail depository
located at 100 West Randolph Street, Chicago, Illinois, in an envelope with sufficient postage
prepaid.
c >
SUSAN W. HORN
3
