ORIGINAL
Lisa Madigan
YI' I ORNFY (I NERN .
The Honorable Dorothy Gunn
Illinois Pollution Control Board
James R. Thompson Center, Ste
. 11-500
100 West Randolph
Chicago, Illinois 60601
OFFICE OF THE ATTORNEY GENERAL
S'FAI'E OF ILLINOIS
Re :
People v . Roger Kuberski
PCB No. 05-44
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,
April 30, 2007
enn
Bonkowski
Enviro mental Bureau
500 South Second Street
Springfield, Illinois 62706
(217) 782-9031
RECEIVED
CLERK'S OFFICE
MAY 0 2 2007
Pollution
STATE OF
Control
ILLINOISBoard
JB/pp
Enclosures
5(111 South Second Street, Springfield, Illinois 62706
• (217) 782-1090
•
"I"rY: (217) 785-2771
•
Fax : (217) 782-7046
100 Nest RandalpI, Street, Chicago, Illinois 60601
• (312) 814-3000 •
T' 1Y
(312) 814-3374 •
Fax
: (312) 814-3806
1001 Fast Apain, Carbondale, Illinois 62901
•
(618) 529-6400 • T' 11 : (618) 529-6403
• Fax : (618) 329-6416
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
R
ECEIVED
PEOPLE OF THE STATE OF ILLINOIS, )
MAY 0 2 2007
0 I
I_ ib
rh
a pant,
)
L
STATE OF ILLINOIS
)
Pollution Control Board
V,
)
PCB No . 05-44
(Enforcement - Water)
ROGER KUBERSKI, d/b/a
)
MOUNT VERNON QUALITY TIMES, INC
., )
Respondent .
)
NOTICE OF FILING
To :
Roger Kuberski
9746 E
. Illinois Highway 15
Mt. Vernon, IL 62864
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
Litiga 'on DivisionI
BY: ~ ~
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated
: April 30, 2007
JENNI f~R BONKOWSKI
Assistan Attorney General
Environmental Bureau
RE
CLE'S
R evr=D
OFFICE
0 R I G I N A~
RTIFICATE OF SERVICE
MAY 0 2 2007
Pollu tion
Control
Board
I hereby certify that I did on April 30, 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 :
Roger Kuberski
9746 E
. Illinois Highway 15
Mt
. Vernon, IL 62864
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
TM
L1,
IFER =is NKOWSKIC)
4aj
This filing is submitted on recycled paper
.
REC
:II\/E®
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLERK'S
OFFICE
PEOPLE OF THE STATE OF ILLINOIS, )
C~ t
gr
l~nant,
)
v.
)
PCB No
. 05-44
(Enforcement -
Water)
ROGER KUBERSKI, d/b/a
)
MOUNT VERNON QUALITY TIMES, INC ., )
Respondent .
)
MAY 0 2 2007
Poll
ton
OF
Boa
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 : April 30, 2007
2
MATTHEW J . DUNN, Chief
Environmental Enforcement/Asbestos
Litigation Division
JENN ER BONKOWSKI
Envir . mental Bureau
Assistant Attorney General
STIPULATION AND PROPOSAL FOR SETTLEMENT
Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA MADIGAN, AttorneyGeneral
of the State of Illinois, the Illinois Environmental Protection Agency ("Illinois EPA"), and ROGER
KUBERSKI, d/b/a MOUNT VERNON QUALITY TIMES, INC
., ("Respondent" or "Kuberski"), 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 that 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 .
1
I h
Va-
L
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECEIVED
CLERK'S
OFFICE
MAY 0 2 2007
PEOPLE OF THE STATE
OF ILLINOIS,
)
STATE OF ILLINOIS
Complainant,
)
Pollution Control Board
v.
)
PCB NO . 05-44
ROGER KUBERSKI, d/b/a
)
(Enforcement- Water)
MOUNT VERNON QUALITY TIMES, INC .
)
Respondent .
)
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) .
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 to legally
bind them to it .
111 . STATEMENT OF FACTS
A.
Parties
1 .
On September 2, 2004, the Complainant filed a Complaint 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)
.
B .
Site Description
1 .
At all times relevant to the Complaint, Respondent has owned and managed a
recreation vehicle park on Illinois State Route 151 in Jefferson County, Illinois
.
2 .
The facility has a total of 44 camping/trailer sites, with electricity supplied to 33 sites
.
The community building contains toilets and a laundry with two washers and two dryers
. The
wasterwater treatment plant consists of an Imhoff tank, sand filter, and effluent chlorination, with
discharge to Harper Creek, except for in the winter (off-season) months
.
2
3.
Quality Times, an Illinois corporation incorporated on March 17, 1995, and
involuntarily dissolved on August 2, 1999, and to which Roger Kuberski served as Agent and
President, operated under NPDES Permit No
. 1L0051063, issued on September 15, 1997
.
4 .
Said NPDES Permit expired on September 30, 2002
. Respondent Kuberski did not
at that time apply for reissuance of the NPDES Permit, notwithstanding the fact that he continued
to own, manage, and operate the recreation vehicle park and its wastewater treatment plant
.
5.
On August 10, 2003, Respondent Kuberski submitted an application to renew the
NPDES permit
.
6.
The Respondent failed to submit Discharge Monitoring Reports (DMRs) for the
following months of operation
: March through August of 2002 .
7.
NPDES Permit No
. IL0051063 established the following limitations
:
Parameter
Concentration Limit
pH
6 .0 (min .) 9 .0 (max
.)
Dissolved Oxygen
Not less than 6 mg/I
8.
DMRs for April through June and September of 2001, October 2002, and June
through October of 2003, April through June 2005, and a grab sample in January 2006 during an
Illinois EPA inspection, show that the Respondent discharged effluent beyond that permitted in its
3
Concentration Limit (mq/I)
Parameter
Monthly Avq
. Daily Max.
CBOD5
10.0
20.0
Total Suspended Solids
12.0
24.0
Ammonia Nitrogen
April-May/Sept
.-Oct.
4.1
14.7
June - August
2 .9
14.7
Nov. - Feb .
4 .0
12 .4
March
4
.0
12 .4
NPDES Permit, as the following table depicts (underlined numbers represent those beyond
permitted limits) :
Total Suspended Solids
(mg/I)
CBOD5
(mg/I)
Ammonia Nitrogen
(mg/I)
During, but not limited to, April through June and September of 2001, October 2002,
June through October of 2003, April through June 2005, and January 2006, the Respondent
discharged effluent which exceeded the limits set forth in its NPDES Permit for total suspended
solids, CBOD5, and Ammonia Nitrogen, as evidenced by information reported on the DMRs and
in an Illinois EPA grab sample .
10 .
In September 2006, the Respondent's certified wastewater operator terminated
9 .
4
Date
Mo . Avg .
D. Max
.
Mo. Avg .
D . Max .
Mo
. Avg .
D . Max .
4/01
16
X
X
X
X
X
5/01
20
X
X
X
X
X
6/01
21
X
X
X
X
X
9/01
31
31
16
X
X
X
10/02
19
X
X
X
X
X
6/03
16
X
X
X
X
X
7/03
62
62
X
X
12.6
X
8/03
41
41
X
X
X
X
9/03
27
27
X
X
6.2
X
10/03
25
25
X
X
7.5
X
4/05
22
X
15
X
X
X
5/05
16
X
X
X
X
X
6/05
14
X
X
X
X
X
1/06
X
X
X
X
X
14.4
its contract due to lack of payment, which resulted in a failure to have a certified wastewater
operator contracted from October through December 2006
.
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 apply for reissuance of the NPDES permit prior to its
expiration date, Respondent Kuberski violated Section 309
.104(a) of
the Board's Water Pollution Regulations, 35 III
. Adm . Code 309 .104(a).
By violating Section 309
.104(a) of the Board's Water Pollution
Regulations, 35 III. Adm . Code 309 .104(a), and by continuing to
operate the recreation vehicle park after September 30, 2002, without
a current NPDES permit, Kuberski caused, threatened, or allowed the
discharge of contaminants into the environment without an NPDES
permit, and in doing so, violated Section 12(f) of the Act, 415 ILCS
5/12(f) (2004) .
Count II :
By violating Special Condition 9 of the NPDES Permit, Kuberski
caused, threatened or allowed the discharge of any contaminant into
the waters of the State in violation of any term or condition imposed
by such [NPDES] permit, and in doing so, violated Sectionl2(f) of the
Act, 415 ILCS 5/12(f) (2002) .
Count Ill :
By causing or allowing discharges of total suspended solids, CBOD5,
and Ammonia Nitrogen in excess of permitted limitations, the
Respondent has violated Section 12(f) of the Act, 415 ILCS 5/12(f)
(2002), 35 III . Adm . Code 304
.141 (a) and 309 .102, and NPDES Permit
No . IL0051063 .
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
Respondent renewed his NPDES permit, submitted missing DMRs, and made operation and
maintenance improvements
. Respondent also resolved certified wastewater operator issues that
5
arose
in September 2006 and resulted in certified wastewater operator violations in October
through December 2006 .
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 .
No change in ownership, corporate status or operator of the facility shall in any
way alter
the responsibilities of the Respondent under this Stipulation and Proposal for Settlement
. In the
event of any conveyance of title, easement or other interest in the facility, the Respondent shall
continue to be bound by and remain liable for performance of all obligations under this Stipulation
.
In the event that the Respondent proposes to sell or transfer any real property or operations
subject to any Order accepting and adopting the terms of this Stipulation and
Proposal for
Settlement, the Respondent shall notify the Complainant 30 days prior to the conveyance of title,
ownership or other interest, including a leasehold interest in the facility or a portion thereof
. The
Respondent shall make the prospective purchaser or successor's compliance with any Order
accepting and adopting the terms of this Stipulation a condition of any such sale or transfer and
shall provide a copy of this Stipulation and any Order accepting and adopting the terms of this
Stipulation to any such successor in interest
. This provision does not relieve the Respondent from
compliance with any regulatory requirement regarding notice and transfer of applicable facility
permits .
6
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 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 :
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 failure to
comply with requirements meant to protect water quality in the State .
2 .
The parties agree that Respondent's site is of social and economic benefit to the
area .
7
3 .
Respondent's site is suitably located in Jefferson County, Illinois
.
4 .
The parties agree that complying with the Act and regulations is technically
practicable and economically reasonable
.
5 .
Respondent has agreed to comply with the Act and the Board regulations
.
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 :
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 .
whetherthe 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
:
8
1 .
From at least April 2001 through October 2003, from April through June of 2005, and
again in January 2006, Kuberski operated in non-compliance with the Act and the Board's Water
Pollution Regulations
.
2 .
Since learning of the Illinois EPA's concerns, the Respondent has been diligent in
attempting to comply with requirements of the Act and regulations
.
3 .
Respondent realized a minimal economic benefit through its non-compliance
.
4 .
Complainant has determined that a penalty of $1,200
.00, given a review of
Kuberski's financial information, will serve to deter further violations
.
5 .
To Complainant's knowledge, Respondent has no previously adjudicated violations
of the Act .
6 .
Kuberski did not voluntarily self-disclose the non-compliance to the Illinois EPA
.
7 .
The settlement of this matter does not include a supplemental environmental project
.
VIII
. TERMS OF SETTLEMENT
A .
Compliance Plan
The Respondent will adhere to the following compliance schedules
:
1 .
Within 90 days of the entry of this Order, provide recirculation by making the necessary
piping changes to return the sand filter effluent back through the plant for additional treatment
.
Provide written notification to Vera Herst and Jennifer Bonkowski within 120 days upon
completion of this item .
2 .
Immediately improve the operation and maintenance at the plant by
:
a .
Checking the Imhoff Tank Quarterly for sludge accumulations and
pumping as necessary . Maintaining receipts of pumping the
sludge for three years
. In addition, monitoring the settling
compartment and gas vents daily for proper operation and remove
scum accumulations as necessary .
9
b.
Implementing a maintenance program to control the growth of
weeds on the surface of the sand filters . The best method of
control is to remove them as soon as they are visible
. The weeds
should be removed at least monthly from April through October
and bi-monthly November through March .
c.
Monitoring the sand filter media daily and preventing ponding or
pooling of sewage accordingly in isolated areas of the filters .
The
filters should be cleaned and leveled as necessary to provide
uniform distribution of sewage throughout the filter bed to improve
the quality of the effluent .
d.
Eventually the slime layer deposited on the sand surface causes
the top layer of sand to become clogged or plugged . The surface
of the sand media must be broken up with a garden or landscape
rake . A maximum of two rakings is recommended before the
filter
must be cleaned by the removal of the top one to two inch layer of
sand .
3.
Respondent will at all times have a certified wastewater operator contracted to
conduct required activities .
B.
Penalty Payment
1 .
The Respondent shall pay a civil penalty in the sum of one thousand two
hundred Dollars ($1,200 .00) within ten (10) days from the date the Board adopts and accepts
this Stipulation . 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), if any, 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 :
10
Peggy Poitevint
Office of the Attorney General
Environmental Bureau
500 South Second Street
Springfield, Illinois 62702
Vera Herst
Assistant Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P .O. Box 19276
Springfield, Illinois 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, 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 at the
following address :
Mr . Roger Kuberski
9746 E . Illinois Highway 15
Mt Vernon, Illinois 62864
4.
In the event of default of this Section VIII .B, the Complainant
shall be entitled to
all available relief including, but not limited to, reasonable costs of collection and reasonable
attorney's fees
.
11
C .
Stipulated Penalties
1 .
If the Respondent fails to complete any activity or fails
to comply with any
response or reporting requirement by the date specified
in Section VIILA ("Compliance Plan") of
this Stipulation, the Respondent shall provide notice
to the Complainant of each failure to
comply with this Stipulation .
In addition, the Respondent shall pay to the Complainant, for
payment into the EPTF, stipulated penalties per violation for each day of violation in the amount
of $100 .00 until such time that compliance is achieved .
2 .
Following the Complainant's determination that the Respondent
has failed to
complete performance of any task or other portion of work,
failed to provide a required
submittal, including any report or notification, Complainant
may make a demand for stipulated
penalties upon Respondent for its noncompliance with
this Stipulation . Failure by the
Respondent to make this demand shall not relieve the
Respondent of the obligation to pay
stipulated penalties .
3.
All penalties owed the Complainant under this section of this Stipulation that
have not been paid shall be payable within thirty (30) days
of the date the Respondent knows or
should have known of its noncompliance with any provision
of this Stipulation .
4.
a.
All stipulated penalties shall be paid by certified check, money order or
electronic funds transfer, payable to the Illinois
EPA for deposit into the EPTF and shall be sent
by first class mail, unless submitted by electronic funds
transfer, and delivered to :
Illinois Environmental Protection Agency
Fiscal Services
1021 North Grand Avenue East
P.O
. Box 19276
Springfield, Illinois 62794-9276
b.
The name and number of the case and the Respondent's FEIN
shall
appear on the face of the check
. A copy of the certified check, money order or record of
electronic funds transfer and any transmittal letter shall be sent to :
12
Peggy Poitevint
Office of the Attorney General
Environmental Bureau
500 South Second Street
Springfield, Illinois 62702
5 .
The stipulated penalties shall be enforceable by the Respondent and shall be in
addition to, and shall not preclude the use of, any other remedies or sanctions arising from the
failure to comply with this Stipulation .
D .
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 .F,
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(i) and/or
5142(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 .
E .
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 outlined in Section III
.C
("Allegations of Non-Compliance") of this Stipulation .
F.
Release
from Liability
In consideration of the Respondent's completion of all activities required hereunder, to
Cease and Desist as contained in Section VIII .E and upon the Pollution Control Board's
13
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 filed on September 2, 2004, as well as additional NPDES permit limitation
excursions, and certified wastewater operator violations noted in the Statement of Facts of 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 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 .
G.
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
.
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H.
Correspondence, Reports and
Other Documents
Any and all correspondence, reports and any other documents
required under this
Stipulation, except for payments pursuant to Sections
VIII .B ("Penalty Payment") and C
("Stipulated Penalties") 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 62702
Vera Herst
Assistant Counsel
Illinois EPA
1021 North Grand Avenue East
P .O. Box 19276
Springfield, Illinois 62794-9276
As to the Respondent
Roger Kuberski
9746 E . Illinois Highway 15
Mt Vernon, Illinois 62864
I .
Modification of Stipulation
The parties may, by mutual written consent, agree to extend
any compliance 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 .H . 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
.
15
J.
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
.
WHEREFORE, Complainant and Respondent request that the
Board adopt and accept
the foregoing Stipulation and Proposal for Settlement as
written .
16
PEOPLE OF THE STATE OF ILLINOIS,
LISA MADIGAN
Attorney General
State of Illinois
MATTHEW J . DUNN, Chief
Environmental Enforcement/
Asbestos Litigation Division
BY:
BY:
BY:
c
THOMAS DAVIS, Chief
Environmental Bureau
Assistant Attorney General
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY
ROBERT A . MESSI
Chief Legal Counsel
ROGER KUBERSKI, d/b/a
MOUNT VERNON QUALITY TIMES, INC .
DATE :
7i/o7
s
17
DATE: '/'/ J /0?
DATE : - it''° 7
