BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
)
)
Complainant,
)
)
)
)
v.
)
)
)
)
BELVIDERE NATIONAL BANK AND
)
TRUST COMPANY TRUST NUMBER
)
1600, a trust, and CORDRAY BROTHERS,
)
INC., an Illinois corporation, and as sole
)
beneficiary
of Trust No. 1600,
)
)
Respondents.
)
PCB 06-157
(Enforcement - Water)
TO:
See attached service list
NOTICE OF FILING
(VIA ELECTRONIC FILING)
PLEASE TAKE NOTICE that today I have electronically filed with the Office of
the Clerk of the Pollution Control Board a Motion to Request Relief from Hearing, and a
Stipulation and Proposal for Settlement, a copy
of which is attached and hereby served
upon you.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS,
LISA MADIGAN,
Attorney General
of the State of Illinois
Electronic Filing, Received, Clerk's Office, August 20, 2007
SERVICE LIST
Donald B. Larson
Attorney at Law
215 South State Street
Belvidere, Illinois 61008
Bradley P. Halloran
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center, Suite 11-500
100 W. Randolph Street
Chicago, Illinois 60601
Electronic Filing, Received, Clerk's Office, August 20, 2007
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
BELVIDERE NATIONAL
BANK AND
TRUST COMPANY TRUST NUMBER
1600, a trust, and CORDRAY BROTHERS,
INC., an Illinois corporation, and as sole
beneficiary
of Trust No. 1600,
Respondents.
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
PCB 06-157
(Enforcement - Water)
MOTION TO REQUEST RELIEF
FROM HEARING REQUIREMENT
NOW COMES the Complainant, PEOPLE OF THE STATE OF ILLINOIS, by
LISA MADIGAN, Attorney General ofthe 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 April 20, 2006, the Complaint was accepted for hearing by the
Pollution Control Board ("Board") in this matter. On August
20,2007, a Stipulation and
Proposal for Settlement was filed with the Board. If accepted, the Stipulation and
Proposal for Settlement will dispose
of the case.
2.
Section 31(c)(2)
of the Illinois Environmental Protection Act ("Act"), 415
ILCS 5/31(c)(2) (2006), allows the parties in certain enforcement cases to request relief
Electronic Filing, Received, Clerk's Office, August 20, 2007
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
ofthe 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 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 the instant case.
4.
The Complainant requests the relief conferred by Section 31(c)(2)
of the
Act.
WHEREFORE, the Complainant, PEOPLE OF THE STATE OF ILLINOIS, by
LISA MADIGAN, Attorney General
of the State of Illinois, requests relief from the
requirement
of a hearing pursuant to 415 ILCS 5/31(c)(2) (2006).
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS,
LISA MADIGAN,
Attorney General
of the State of Illinois
Electronic Filing, Received, Clerk's Office, August 20, 2007
BEFORE THE llLINOIS POLLUTioN CONTROL BOARD
PEOPLE OF THE STATE OF
llLINOIS,
)
)
)
Complainant,
)
)
)
)
v.
)
)
)
)
BELVIDERE NATIONAL BANK AND TRUST )
COMPANY TRUST NUMBER 1600, a trust,
)
and CORDRAY BROTHERS, INC., an Illinois
)
corporation, and as sole beneficiary
of Trust No.
)
1600,
)
)
Respondents.
)
PCB 06-157
(Enforcement - Water)
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 BELVIDERE NATIONAL BANK AND TRUST COMPANY TRUST
~ER
1600, a
trust, and CORDRAY BROTHERS, INC., an Illinois corporation, and as sole beneficiary
of
Trust No. 1600 ("Respondents"), have agreed to the making of this Stipulation and Proposal for
Settlement ("Stipulation") and submit it to the Illinois Pollution Control Board ("Board") for
approval. The parties agree that the statement
of facts contained herein represents a fair
summary
of the 'evidence and testimony which would be introduced by the parties if a hearing
were held. The parties further stipulate that this 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
ofthe facts stipulated herein, shall be introduced into evidence in any other proceeding
Electronic Filing, Received, Clerk's Office, August 20, 2007
.regarding the claims asserted in the Complaint except as otherwise provided herein. If the Board
approves and enters this Stipulation, Cordray Brothers, Inc. ("Cordray Brothers") and Belvidere
National Bank and Trust Number 1600 ("Cordray Trust No. 1600") agree to be bound by the
Stipulation and Board Order and not to contest their validity in any subsequent proceeding to
implement or enforce their terms.
I.
JURISDICTION
The Board has jurisdiction of the subject matter herein and of the parties consenting
hereto pursuant to the Illinois Environmental Protection Act ("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.
III.
STATEMENT OF FACTS
A.
Parties
1.
On April 12, 2006, a Complaint was filed on behalf of the People of the State of
Illinois by Lisa Madigan, Attorney General ofthe State of Illinois, on her own motion and upon
the request
of the Illinois EPA, pursuant to Section 31 ofthe Act, 415 ILCS 5/31(2004), against
Cordray Brothers and Cordray Trust No. 1600.
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).
2
Electronic Filing, Received, Clerk's Office, August 20, 2007
3.
At all times relevant to this Stipulation, Respondent Cordray Brothers was and is
an Illinois corporation that is authorized to transact business in the State
of Illinois.
4.
At all times relevant to this Stipulation, Respondent Cordray Trust No. 1600 was
and is a trust created pursuant to a Trust Agreement originally dated August 30, 1995. At all
times relevant to this Stipulation, Cordray Brothers, Inc. was and is the sole beneficiary
of
Cordray Trust No. 1600.
B.
Site Description
1.
At all times relevant to this Stipulation, Cordray Trust Number 1600 was and is
the record owner
of approximately 25 vacant acres of land on Route 20, located in Bonus
Township, the Northwest
Y4
of Section 33, Township 44 North, Range 4 East, east of the City of
Belvidere and east of Coon Creek, on the north side of Route 20 and south of the Kishwaukee
River, in Boone County, Illinois ("South Parcel").
2.
At all times relevant to this Stipulation, Cordray Brothers owned and operated,
and continues to own and operate a sand and gravel quarry encompassing approximately 45 acres
located in Bonus Township, the Southwest
Y4
of Section 28, Township 44 North, Range 4 East,
east
of the City of Belvidere, west of Epworth Road, and immediately across the Kishwaukee
River from the South Parcel, in Boone County,
TIlinois ("North Parcel").
3.
Storm water from the South Parcel discharges to the Kishwaukee River and/or
Coon Creek.
4.
On November 3, 2004, the
TIlinois EPA received a citizen complaint regarding the
South Parcel.
3
Electronic Filing, Received, Clerk's Office, August 20, 2007
5.
On November 4,2004, the Illinois EPA conducted an inspection of both the North
Parcel and the South Parcel. At that 'time, the South Parcel was filled with soil and lacked
erosion controls.
In
addition, an active sand and gravel quarry was in operation on the North
Parcel.
6.
From at least April 2004, to the date
of filing of this Stipulation, Cordray Brothers
owned and operated, and continues to own and operate, a quarry encompassing approximately 42
acres three miles 'north
of Leaf River and about one mile south of Egan just east of the
intersection
of Leaf River Road and Sumner Road. The quarry is located in Leaf River Township
in the southeast quarter
of the southeast quarter of Section 12 Township 25 North, Range 9 East,
fourth Principal Meridian, in Ogle County, Illinois ("Leaf River, Quarry").
7.
On February
9,2006, the Illinois EPA conducted an inspection of the Leaf River
Quarry.
An active limestone aggregate quarry was in operation at the Leaf River Quarry.
C.
Allegations of Non-Compliance
1.
Violations Alleged in tbe Complaint.
Complainant contends that Cordray Brothers and Cordray Trust No. 1600 have violated
the following provisions
ofthe Act and Board regulations:
Count I:
Causing, threatening or allowing the discharge
of silt-laden storm water
from the South Parcel into the Kishwaukee River and Coon Creek so as
,to cause water pollution, in violation
of Section 12(a) of the Act, 415
ILCS 5/12(a)(2004).
.
4
1-
..__.",
Electronic Filing, Received, Clerk's Office, August 20, 2007
Count IT:
Count ill:
Count IV:
Creating a water pollution hazard by allowing large dirt stockpiles, a
contaminant, to accumulate on the South Parcel adjacent to the
Kishwaukee River and Coon Creek, in violation
of Section 12(d) of the
Act, 415 ILCS5/12(d) (2004).
Threatening to allow and/or allowing storm water discharges from the
South Parcel without first obtaining an NPDES storm water permit, in
violation
of Section 12(f) of the Act, 415 ILCS 5/12(f) (2004), and 35 Ill.
Adm. Code 309.102(a).
Operating a quarry on the North Parcel without first obtaining an
operating permit from the Illinois EPA, in violation
of Section 12(a) of
the Act, 415 ILCS 5/12(a) (2004), and 35 Ill. Adm. Code 404.10I(a)(2).
2.
Additional Alleged Violations
On July 11, 2006, the Illinois EPA issued to Cordray Brothers and Cordray Trust No.
1600 a Violation Notice pursuant to Section 31(a)(1) of the Act, 415 ILCS 5/31(a)(1). In the
Violation Notice, the Illinois EPA advised Cordray Brothers and Cordray Trust No. 1600 that
they were in apparent violation of the following environmental statutes and regulations based
upon their operation
of the Leaf River Quarry:
A.
Section 12(a) of the Act, 415
u.cs
5/12(a) (2004);
B.
Section 12(b) of the Act, 415 ILCS 5/12(b) (2004);
C. 35 Ill. Adm. Code 404.101(a)(l); and
D
'; 35 Ill. Adm. Code 404. 101(a)(2).
D.
Admission of Violations
Cordray Brothers and Cordray Trust No. 1600 admit to the violations alleged in the
Complaint filed in this matter and referenced within Section m.C.1 and the Additional Alleged
Violations referenced within Section ill.C.2.
5
Electronic Filing, Received, Clerk's Office, August 20, 2007
E.
Compliance Activities to Date
1.
In
late November 2004, Cordray Brothers and Cordray Trust No. 1600 applied to
Illinois EPA for a storm water permit for the South Parcel. On December 27, 2004, Illinois EPA
issued to Cordray Brothers and Cordray Trust No. 1600 a storm water permit covering the South
Parcel.
2.
On January
30,2006, Cordray Brothers and Cordray Trust No. 1600 applied to
Illinois EPA for a mining permit for the North Parcel. On April 25, 2006, Illinois EPA issued to
Cordray Brothers and Cordray Trust No. 1600 a mining permit covering the North Parcel.
3.
On April 20, 2006, Cordray Brothers and Cordray Trust No. 1600 applied to
Illinois EPA for a mining permit for the
Leaf River Quarry. On August 2, 2006, Illinois EPA
issued to Cordray Brothers and Cordray Trust No. 1600 a mining permit covering the
Leaf River
Quarry.
IV.
APPLICABILITY
This Stipulation shall apply to and be binding upon the Complainantand Cordray
Brothers and Cordray Trust No. 1600, and any officer, director, agent, or employee
of Cordray
Brothers and Cordray Trust No. 1600, as well as any successors or assigns
of Cordray Brothers
and Cordray Trust No. 1600. Cordray Brothers and Cordray Trust No. 1600 shall not raise as a
defense to any enforcement action taken pursuant to this Stipulation the failure
of any of their
officers, directors, agents, employees or successors or assigns to take such action as shall be
required to comply with the provisions
of this Stipulation.
6
Electronic Filing, Received, Clerk's Office, August 20, 2007
1.
No change in ownership, corporate status or operator ofthe North Parcel, South
Parcel, or
Leaf River Quarry shall in any way alter the responsibilities of Cordray Brothers and
Cordray Trust No. 1600 under this Stipulation and Proposal for Settlement. In the event
of any
conveyance
of title, easement or other interest in the North Parcel, South Parcel, or Leaf River
Quarry, Cordray Brothers and Cordray Trust No. 1600 shall continue to be bound by and remain
liable for performance
of all obligations under this Stipulation.
2.
In the event that Cordray Brothers and/or Cordray Trust No. 1600 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, Cordray Brothers and Cordray Trust No. 1600
shall notify the Complainant 30 days prior to the conveyance
oftitle, ownership or otlier interest,
including a leasehold interest in the facility or property or a portion thereof. Cordray Brothers
and Cordray Trust No. 1600 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
Cordray Brothers and Cordray Trust No. 1600 from compliance with any regulatory requirement
regarding notice and transfer
of applicable facility permits.
v.
COMPLIANCE WITH OTHER LAWS AND REGULATIONS
This Stipulation in no way affects the responsibilities of Cordray Brothers and Cordray
Trust No. 1600 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.
7
Electronic Filing, Received, Clerk's Office, August 20, 2007
VI.
IMPACT ON THE PUBLIC RESULTING FROM ALLEGED NON-
COMPLIANCE
Section 33(c) of the Act, 415 ILCS 5/33(c) (2004), provides as follows:
In
making its orders and determinations, the Board shall take into consideration
all the facts and circumstances bearing upon the reasonableness
of the emissions,
discharges, or deposits involved including, but not limited to:
1.
the character and degree
of injury to, or interference with the protection of
the health, general welfare and physical property of the people;
2.
the social and economic value
of the pollution source;
3.
the suitability or unsuitability
ofthe pollution source to the area in which it
is located, including the question
ofpriority 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.
Human health and the environment were threatened and the Illinois EPA's
information gathering responsibilities were hindered by Cordray Brothers' and Cordray Trust No.
1600'sviolations.
2.
The North Parcel, South Parcel, and LeafRiver Quarry have a social and
economic benefit.
3.
Operations on the North Parcel, South Parcel, and
LeafRiver Quarry were
suitable for the area in which they occurred.
8
Electronic Filing, Received, Clerk's Office, August 20, 2007
4.
Obtaining both a mining permit for the North Parcel, a mining permit for the Leaf
River Quarry, and an NPDES stonnwater permit for the South Parcel, as well as compliance with
the tenns of the permits was and is both technically practicable and economically reasonable.
5.
Cordray Brothers and Cordray Trust No. 1600 have subsequently complied 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
ofpenalty, including but not limited to the following factors:
1.
the duration and gravity of the violation;
2.
the presence or absence
of due diligence on the part of the respondent in
attempting to comply with requirements
of this Act and regulations
thereunder or to secure relief therefrom as provided by this Act;
3.
any economic benefits accrued by the respondent because of delay in
compliance with requirements, in which case the economic benefits shall
be determined by the lowest cost alternative for achieving compliance;
4.,
the amount'of monetary penalty which will serve to deter further violations
by the respondent and to otherwise aid in enhancing voluntary compliance
with this Act by the respondent and other persons similarly subject to the
Act;
5.
the number, proximity in time, and gravity
of previously adjudicated
violations
of this Act by the respondent;
6.
whether the respondent voluntarily self-disclosed, in accordance with
subsection i
ofthis 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
9
Electronic Filing, Received, Clerk's Office, August 20, 2007
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.
a.
Cordray Brothers and Cordray Trust No. 1600 failed to obtain a permit
prior to beginning mining activities at the North Parcel. Cordray Brothers and Cordray Trust No.
1600 conducted mining operations at the North Parcel without a permit from 1981 through 2006,
a period
of 25 years.
b.
Cordray Brothers and Cordray Trust No. 1600 failed to obtain an NPDES
stormwater permit prior to depositing soil from their quarry operations on the South Parcel.
.
.
Cordray Brothers and Cordray Trust No. 1600 threatened or allowed the discharge of soil from
the South Parcel without the required NPDES permit from on or about July 1, 2004 through
December 27,2004, including the period from July 1, 2004 through November
22,2004 in which
they failed to apply for the required NPDES permit.
c.
Cordray Brothers and Cordray Trust No. 1600 failed to obtain a permit
prior to beginning mining activities at the LeafRiver Quarry. Cordray Brothers and Cordray
Trust No. 1600 conducted mining operations at the LeafRiver Quarry without a permit from
April 2004 through August 2006.
2.
a..
Cordray Brothers and Cordray Trust No. 1600 began mining operations on
the North Parcel in 1981 and did not apply for a mining permit until 2006.
10
Electronic Filing, Received, Clerk's Office, August 20, 2007
b.
Cordray Brothers and Cordray Trust No. 1600 began depositing soil onto
the South Parcel
on or about July 1, 2004 and did not apply for an NPDES permit until
November 22, 2004.
c.
Cordray Brothers and Cordray Trust No. 1600 began mining operations at
the LeafRiver Quarry in April 2004 and did not apply for a mining permit until April 2006.
3.
Cordray Brothers and Cordray Trust No. 1600 obtained a nominal economic
benefit from their failure to' apply for the NPDES and mining permits in a timely manner, since
they delayed the payment
ofthe $500.00 NPDES permitting fee by almost five months.
However, the penalty obtained negates any economic benefit that accrued as a result
of this delay
in compliance.
4.
Complainant has determined, based upon the specific facts
of this matter, that a
penalty
of Fifteen Thousand Dollars ($15,000.00) will serve to deter further violations and aid in
future voluntary compliance with the Act and Board regulations ..
5.
To Complainant'sknowledge, Cordray Brothers and Cordray Trust No. 1600 have
no previously adjudicated violations of the Act.
6.
Cordray Brothers and Cordray Trust No. 1600 did not self-disclose their
violations.
7.
The settlement
of this matter does not include a supplemental environmental
project.
11
Electronic Filing, Received, Clerk's Office, August 20, 2007
VIII. TERMS OF SETTLEMENT
A.
Penalty Payment
1.
Cordray Brothers and Cordray Trust No. 1600 shall pay a civil penalty in the sum
of Fifteen Thousand Dollars ($15,000.00) within thirty (30) days from the date the Board adopts
and accepts this Stipulation. Cordray Brothers and Cordray Trust No. 1600'stipulatethat
payment has been tendered to their attorney of record in this matter in a form acceptable to that
attorney. Further, Cordray Brothers and Cordray Trust No. 1600 stipulate that said attorney has
been directed to
make the penalty payment on behalf of Cordray Brothers and Cordray Trust No.
1600, 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 or money
order payable to the Illinois EPA, designated to the Illinois Environmental
Protection Trust
Fund and submitted to:
Illinois Environmental Protection Agency
Fiscal Services Section
1021 North Grand Avenue East
P.O.
Box 19276
Springfield,
IT.-
62794-9276
The name and
number of the case and each Respondent'sFederal Employee Identification
Number ("FEIN") (Cordray Brothers FEIN
; Cordray Trust No. 1600 FEIN
____--') shall appear on the check. A copy of the certified check or money order and any
transmittal letter shall be sent to:
12
Electronic Filing, Received, Clerk's Office, August 20, 2007
Matthew Marinelli
Assistant Attorney General
Environmental Bureau
69 West Washington Street, Suite 1800
Chicago, Illinois 60602
James Day
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 n.,CS 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 n.,CS 5/1003 (2004). Interest
on any unpaid payment shall begin to accrue from the date the payment is due and continue to
accrue until the date payment is received. When partial payment(s) are made, such partial
\
payment shall be first applied to any interest on unpaid payment then due and owing. All interest
on payment owed shall be paid by certified check or money order, payable to the Illinois EPA,
designated to the.Illinois Environmental Protection Trust Fund and delivered to the address and
in the manner described above.
3.'
For purposes ofpayment and collection, Respondents may be reached at the
following address:
Donald B. Larson
Attorney at Law
215 South State Street
Belvidere, Illinois 61008
13
Electronic Filing, Received, Clerk's Office, August 20, 2007
4.
In the event of default of this Section Vm.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 Vm.D, below, Cordray Brothers and Cordray Trust
No. 1600 hereby agree that this Stipulation may be used against Cordray Brothers and Cordray
Trust No. 1600 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 5/42(h)(2004). Further, Cordray Brothers and
Cordray Trust No. 1600 agree to waive any rights to contest, in any subsequent enforcement
action or permit proceeding, any allegations that these alleged violations were adjudicated.
C.
Cease
and Desist
Cordray Brothers and Cordray Trust No. 1600 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
Ill.Cilof
this Stipulation and the additional alleged violations set forth in
Section m.C.2
of this Stipulation.
14
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Electronic Filing, Received, Clerk's Office, August 20, 2007
D.
Release
from Liability
In
consideration of their payment of the $15,000.00 penalty and any specified costs and
accrued interest, completion of all activities required hereunder, and their commitment to Cease
and Desist as contained in Section VIII.C and upon the Pollution Control Board'sacceptance and
approval
of the terms of this Stipulation and Proposal for Settlement, the Complainant releases,
waives and discharges Cordray Brothers and Cordray Trust No. 1600 from any further liability or
. penalties for violations
of the Act and Board Regulations that were the subject matter of the
Complaint and the Additional Alleged Violations set forth in Section III.C.2. The release set
forth above does not extend to any matters other than those expressly specified in Complainant's
Complaint filed on April 12, 2006, and those set forth as Additional Alleged Violations in
Section III.C.2. The Complainant reserves, and this Stipulation is without prejudice to, all rights
of the State ofIIIinois against Cordray Brothers and Cordray Trust No. 1600 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 ofthe alleged violations; and
d.
liability or claims based on the Respondents' failure to satisfy the requirements
of
this Stipulation.
Nothing in this Stipulation is intended as a waiver, discharge, release,or covenant not to
sue for any claim or cause
of action, administrative or.judicial, civil or criminal, past or future, in
15
Electronic Filing, Received, Clerk's Office, August 20, 2007
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
n.cs
5/3.315, or entity other than Cordray Brothers and
Cordray Trust No. 1600.
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 North Parcel, South Parcel, and
Leaf River Quarry which are 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 documentsrequired under this
Stipulation, except for payment pursuant to Section Vlll.A ("Penalty Payment")
of this
Stipulation shall be submitted as follows:
As to the Complainant
Matthew Marinelli
Assistant Attorney General
Environmental Bureau
69 West Washington Street, Suite 1800
. Chicago, Illinois 60602
,
James
Day
Assistant Counsel
Illinois
EPA
1021 North Grand Avenue East
P.O.
Box 19276
Springfield, Illinois 62794-9276
16
Electronic Filing, Received, Clerk's Office, August 20, 2007
Gene Forster
Illinois EPA
4302 N. Main Street
Rockford, Illinois 61103
As to the Respondent
Donald B. Larson
Attorney at Law
215 South State Street
. Belvidere, Illinois 61008
G.
Modification of Stipulation
The parties may, by mutual written consent, modify the terms ofthis 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'sOrder 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.
17
Electronic Filing, Received, Clerk's Office, August 20, 2007
2.
Cordray Brothers and Cordray Trust No. 1600 agree that notice of any subsequent
proceeding to enforce the Board Order approving and accepting this Stipulation and Proposal for
Settlement may be made by mail and waive 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, Cordray Brothers, and Cordray Trust No. 1600
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.
18
Electronic Filing, Received, Clerk's Office, August 20, 2007
WHEREFORE, Complainant, Cordray Brothers, and Cordray Trust No. 1600 request that
the Board adopt and accept the foregoing Stipulation and Proposal for Settlement as written.
PEOPLE OF THE STATE OF ILLINOIS,
LISA MADIGAN
Attorney General
State
of Illinois
MATTHEW
J. DUNN, Chief
Environmental Enforcement!
. Asbestos Litigation Division
DATE:._"",-+~-+-
_
DATE:_f--~'--'::""'-
_
DATE:
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY
BY:
~
ROBERT . MESSrnA
Chief Legal Counsel
CORDRAY BROTHERS IN
BY:
Name:~J
CaVIlAY
Title:
1h0/~~A.?L
BELVIDERE NATIONAL BANK
AND
TRUST
COMPANY TRUST NUMBER 1600
BY:
~.~/:.,--
MARK D.
STEARNS
Ti\lICE PRESIDENT
&: TRUST
0ffKD
19
rhls Instrument IS executed by The Belvidere National
Bank
&
Trust Co. of Belvidere not personally but solely
as Trustee,as aforesaid. All the covenants and
conditions to be performed hereunder by The
Belvidere National Bank & Tr.
co.,
of Belvidere are
undertaken by It solely as trustee, as aforesaid and
not mdivrdually, and no personal liability shall be
asserted or be enforceable against The Belvidere
National Bank
& Tr.
ce.;
of Belvidere, nnners by reason
of any ot the covenants, statements, representallons
or warranties contained
In thiS Instrument.
Electronic Filing, Received, Clerk's Office, August 20, 2007
CERTIFICATE OF SERVICE
I, KATHERINE M. HAUSRATH, an Assistant Attorney General, do certify that I
caused to be mailed this 20 day
of August, 2007, the foregoing Motion to Request Relief
from Hearing, Stipulation and Proposal for Settlement, and Notice of Filing, upon the
persons listed on said notice, by U.S. first-class mail.
~~
Assistant Attorney General
Environmental Bureau
69 West Washington, 18
th
Floor
Chicago, IL 60602
312-814-0660
Electronic Filing, Received, Clerk's Office, August 20, 2007
