BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
LISA MADIGAN, Attorney General
of the State of Illinois,
Complainant,
vs.
RANCHO AMIGO, LLC, an Illinois
limited liability company,
Respondent.
PCB No.
(Enforcement - Water)
NOTICE OF FILING
TO:
Mr. Don Deutsch
625 W. Roosevelt Road
West Chicago, IL 60185
Bradley Halloran
Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph Street, Ste 11-500
Chicago, Illinois 60601
PLEASE TAKE NOTICE that I have today filed with the Office
of the Clerk of the Illinois Pollution Control Board an original
and nine copies of the Stipulation and Proposal for Settlement,
an Agreed Motion for Relief from the Hearing Requirement, Notice
of Filing and a Certificate of Service, a copy of which is
attached herewith and served upon you.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
DATE: February 19, 2008
BY:
LISA MADIGAN
Attorney General
Sta~~:kMS
ZEMEHERET BEREKET-AB
Environmental Bureau
Assistant Attorneys General
69 W. Washington St., 18th Fl.
Chicago, Illinois 60602
(312) 814-3816
THIS FILING IS SUBMITTED ON RECYCLED PAPER
Electronic Filing - Received, Clerk's Office, February 19, 2008
* * * * * PCB 2008-046 * * * * *
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
LISA MADIGAN, Attorney General
of the State of Illinois,
Complainant,
vs.
RANCHO AMIGO, LLC, an Illinois
limited liability company,
Respondent.
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PCB No.
(Enforcement - Water)
AGREED MOTION TO REQUEST RELIEF FROM THE HEARING REQUIREMENT
In support of this Motion, the parties state as (ollows:
1.
Today, the People of the State of Illinois, filed a
Stipulation and Proposal for Settlement, with the Illinois
Pollution Control Board.
2.
Section 31
(-c)
(2) of the Illinois Environmental
Protection Act, ("Act"), 415 ILCS 5/31
(c)
(2) (2006) 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).
3.
Complainant and Respondent agree that a formal hearing
is not necessary to conclude this matter and wish to avail
themselves of Section 31
(c)
(2) of the Act, 415 ILCS
5/31
(c)
(2) (2006) .
Electronic Filing - Received, Clerk's Office, February 19, 2008
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WHEREFORE, Complainant and Respondent request relief from
the hearing requirement pursuant to Section 31(c) (2) of the Act.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN
Attorney General
State of Illinois
MATTHEW J. DUNN, Chief
Environmental Enforcement/
Asbestos Litigation Division
BY:
DATE: February 19, 2008
ZEMEHERET
-%S~~"'~..L:-..!!.-JM=----_
BEREKET-AB
Environmental Bureau
Assistant Attorneys General
69 W. Washington St., 18th Fl.
Chicago, Illinois 60602
(312) 814-3816
G:\Environmental Enforcement\Z BEREKET-AB\RANCHO\pleading\Agreed Mot to Req Relief 2-19-08.wpd
Electronic Filing - Received, Clerk's Office, February 19, 2008
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BEFOFtE THE ILLINOIS POLLUTION CONTROL BOARD
RANCHO AMIGO, LLC, an Illinois
limited liability company,
(Enforcement-Water)
PCB No.
Respondent.
Complainant,
v.
PEOPLE OF THE STATE OF ILLINOIS,)
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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 RANCHO AMIGO, LLC, an Illinois limited liability company
("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 to this Stipulation and Proposal for Settlement agree that the
statement
of facts contained herein represent a fair summary of the evidence and
testimony which would be introduced by the parties if a hearing were held. The parties
to this Stipulation and Proposal for Settlement 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 hereto 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.
Electronic Filing - Received, Clerk's Office, February 19, 2008
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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. (2006).
II. AUTHORIZATION
The undersigned representatives for each party to this Stipulation and Proposal
for Settlement certify that they are fully authorized to enter into the terms and conditions
of this Stipulation and to be legally bound by this Stipulation.
III. STATEMENT OF FACTS
A.
Parties
1.
On
, a Complaint was filed 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 at the request
of the Illinois EPA, pursuant to Section 31 of the Act,
415 ILCS
5/31 (2006), 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 (2006).
3.
At all times relevant to the Complaint, Respondent was and is an Illinois
limited liability company that is authorized to transact business
in the State of Illinois.
B.
Site Description
1.
At all times relevant to the Complaint, Respondent was engaged in the
construction
project to create an off-road vehicle facility in Pleasant Valley Township,
Section 36, T26N, R4E
in rural Jo Davies County, Illinois ("Site").
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2.
On June 28, 2005, the Illinois Environmental Protection Agency ("Illinois
EPA") an agency
of the State of Illinois inspected the Site and observed substantial
earthmoving activity related to the construction
of trails and jumps for off-road vehicles.
The Illinois EPA observed that the Site did not have any erosion controls
in place. At
that time, Respondent had begun the construction
of the trails and jumps for off-road
vehicles without first obtaining coverage under the NPDES general storm water permit.
3.
On January 3, 2006, the Illinois EPA granted Rancho Amigo coverage
under the storm water NPDES permit.
C.
Allegations of Non-Compliance
Complainant and the Illinois EPA contend that the Respondent has violated the
following provisions
of the Act and Board regulations:
Count
I:
Construction Without A NPDES Permit:
Violation
of Sections 12(a), 12(d) and 12(f) of the Act, 415
ILCS 5/12(a), 12(d) and 12(f) (2006) and 35 III. Adm. Code
309.102(a).
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.
IV. APPLICABILITY
This Stipulation shall apply to and be binding upon the Complainant, the Illinois
EPA 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
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this Stipulation the failure of any of its officers, directors, agents, employees or
successors or assigns to take such action as shall
be required to comply with the
provisions
of this Stipulation.
V. COMPLIANCE WITH OTHER LAWS AND REG.ULATIONS
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, 4151LCS 5/33(c)(2006), 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.
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Electronic Filing - Received, Clerk's Office, February 19, 2008
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In response to these factors, Complainant states the following:
1.
Storm water runoff from the Site posed a potential threat of water pollution
to waters
of the State.
2.
The social and economic benefit from the construction of trails and jumps
for off-road vehicles is not at issue.
3.
Operation of the trails and jumps for off-road vehicles was suitable for the
area.
4.
Complying with the requirements
of the Act, Board Regulations, and
permit conditions was both technically practicable and economically reasonable.
5.
Respondent is now in compliance.
VII.
CONSIDERATION OF SECTION 42(h) FACTORS
Section 42(h) of the Act, 415 ILCS 5/42(h)(2006), provides as follows:
In determining the appropriate civil penalty to be
impo~ed
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
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
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Electronic Filing - Received, Clerk's Office, February 19, 2008
* * * * * PCB 2008-046 * * * * *
voluntary compliance with this Act by the respondent and other
persons similarly subject to the
Act;
5.
the number, proximity in time, and gravity of previously adjudicated
violations
of this Act by the respondent;
6.
whether the respondent voluntarily self-disclosed, in accordance
with subsection (i) of this Section, the non-compliance to the
Agency; and
7.
whether the respondent has agreed to undertake a "supplemental
environmental project," which means an environmentally beneficial
project that a respondent agrees to undertake
in settlement of an
enforcement action brought under this Act, but which the
respondent is not otherwise legally required to perform.
In response to these factors, Complainant states as follows:
1.
The Complainant and the Illinois EPA have not documented any
environmental harm from the violations at issue. However, by failing to timely apply for
and obtain permit coverage, the Complainant and the Illinois EPA were denied
oversight during critical phases
of the project.
2.
As soon as Respondent was made aware of the violations, it took steps to
comply with the requirements
of the Act and Board regulations by applying for coverage
under the storm water NPDES permit.
3.
Economic benefits accrued by the Respondent are believed to be minimal
and are accounted for
in the $5,000.00 penalty agreed to herein.
4.
The civil penalty agreed upon
in this matter will serve to deter further
violations
of the Act and Board regulations by Respondent and aid in enhancing
voluntary compliance with the Act and Board regulations.
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Electronic Filing - Received, Clerk's Office, February 19, 2008
* * * * * PCB 2008-046 * * * * *
5.
Complainant and the Illinois EPA are presently unaware of prior
enforcement actions against Respondent.
6.
Self-disclosure is not at issue in this matter.
7.
The settlement of this matter does not include a supplemental
environmental project.
VIII.
TERMS OF SETTLEMENT
A.
Penalty Payment
1.
The Respondent shall pay a civil penalty in the sum of Five Thousand
Dollars ($5,000.00) within thirty (30) days from the date the Board adopts and accepts
this Stipulation. The Respondent stipulates that payment has been tendered to
Respondent's attorney
of record in this matter in a form acceptable to that attorney.
Further, Respondent stipulates that said attorney has been directed to make the
penalty payment on behalf of Respondent, within thirty (30) days from the date the
Board adopts and accepts this Stipulation, in a manner prescribed below. The penalty
described in this Stipulation shall be paid by certified check,
or money order made
payable to the Illinois EPA designated to the Illinois Environmental Protection Trust
Fund and submitted to:
Illinois Env!ronmental 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 face
of the certified check or money order. A copy
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Electronic Filing - Received, Clerk's Office, February 19, 2008
* * * * * PCB 2008-046 * * * * *
of the certified check or money order or order of electronic funds transfer and any
transmittal letter shall be sent to:
Zemeheret Bereket-Ab
Assistant Attorney General
Environmental Bureau
69 W. Washington Street, Suite 1800
Chicago, Illinois 60602
2.
Pursuant to Section 42(g) of the Act, 415 ILCS 5/42(g) (2006), 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 (2006). 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:
Rancho Amigo, LLC
Craig Wheatley, Registered Agent
29 W 225 Oak Lane
West Chicago, Illinois 60185
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.
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Electronic Filing - Received, Clerk's Office, February 19, 2008
* * * * * PCB 2008-046 * * * * *
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 VII
1.0,
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 5/42(h)(2006). 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.
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 outlined in Section
III.C ("Allegations
of Non-Compliance") of this Stipulation.
D.
Release from Liability
In consideration of the Respondent's payment of the Five Thousand Dollars
($5,000.00) penalty and any specified costs and accrued interest, and 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
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Electronic Filing - Received, Clerk's Office, February 19, 2008
* * * * * PCB 2008-046 * * * * *
matter of the Complaint herein. The release set forth above does not extend to any
matters other than those expressly specified
in Complainant's Complaint filed on
_____. 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.
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Electronic Filing - Received, Clerk's Office, February 19, 2008
* * * * * PCB 2008-046 * * * * *
E.
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 proceedipg 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, the Illinois EPA 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.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]
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Electronic Filing - Received, Clerk's Office, February 19, 2008
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WHEREFORE, Complainant, the Illinois EPA and Respondent 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
BY:
DATE:
;;;L/l<{-fQ g
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY
BY:
RANCHO AMIGO, LLC,
an Illinois limited liability
company,
BY:
Name:
_
Title:
_
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DATE:.
_
Electronic Filing - Received, Clerk's Office, February 19, 2008
* * * * * PCB 2008-046 * * * * *
WHEREFORE, Complainant, the Illinois EPA and Respondent
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/
Asbesto Litigation Division
BY:
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY
BY:
ROBERT A. MESSINA
Chief Legal Counsel
RANCHO AMIGO, LLC,
an Illinois limited liability
company,
Name:
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G:\Environmental Enforcement\Z BEREKET-AB\Rancho - Stipulation 1-9-08 c1ean.wpd
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Electronic Filing - Received, Clerk's Office, February 19, 2008
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---------------~-----------------------------,
CERTIFICATE OF SERVICE
I, ZEMEHERET BEREKET-AB, an Assistant Attorney General, do
certify that I caused to be served on this 19
th
day of February,
2008, the foregoing Notice of Filing, a Stipulation and Proposal
for Settlement, and an Agreed Motion for Relief
f~om
the Hearing
Requirement, upon the persons listed on said Notice by placing
same in an envelope bearing sufficient postage with the United
States Postal Service located at 100 West Randolph Street,
Chicago, Illinois.
ZEMEHERET BEREKET-AB
G, \Environmental Enforcement\Z BEREKET-AB\RANCHO\Pleading\NOF&Cert (Stip) 2-19-08.wpd
Electronic Filing - Received, Clerk's Office, February 19, 2008
* * * * * PCB 2008-046 * * * * *
