BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS
)
by LISA MADIGAN, Attorney General
)
of the State of Illinois,
)
)
Complainant,
)
)
v.
)
)
VILLAGE OF ROCKTON, an Illinois
)
municipal corporation,
)
)
Respondent.
)
PCB No. 07-134
(Enforcement - Water)
NOTICE OF FILING
TO:
See Attached Service List
PLEASE TAKE NOTICE that
on the 11 th day of April, 2008, I filed with the Clerk of
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 hereto and are hereby
served upon you.
PEOPLE OF
THE STATE OF ILLINOIS
LISA MADIGAN
Attorney General
of the
State
of Illinois.
BY:~~~~
Assistant Attorney General
Environmental Bureau North
188 West Randolph St., 20
th
Floor
Chicago, Illinois 60601
312-814-2087
DATE: April 11, 2008
THIS FILING IS SUBMITTED ON RECYCLED PAPER
Electronic Filing - Received, Clerk's Office, April 11, 2008
Mr. Bradley Halloran
Chief Hearing Officer
Illinois Pollution Control Board
100 West Randolph Street, 11th Floor
Chicago, IL 60601
Mr. Gregory
E. Cox, Esq.
Attorney for Village
of Rockton
Nicolosi
&
Associates LLC .
363 Financial Court, Suite 100
Rockford, IL 61107-6671
SERVICE LIST
Charles
W. Gunnarson
Assistant Counsel
Illinois EPA, Division
of Legal Counsel
1021 North Grand Avenue East
P.O. Box 19276
Springfield,
IL 62794-9276
Electronic Filing - Received, Clerk's Office, April 11, 2008
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS
)
by LISA MADIGAN, Attorney General
)
of the State of Illinois,
)
)
Complainant,
)
)
v.
)
)
VILLAGE OF ROCKTON, an Illinois
)
municipal corporation,
)
)
Respondent.
)
PCB No. 07-134
(Enforcement - Water)
MOTION TO REQUEST RELIEF FROM HEARING REQUIREMENT
NOW COMES the Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA
MADIGAN, 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 June 8, 2007, a Complaint was filed with the Illinois Pollution Control Board
("Board") in this matter. On April 11, 2008, a Stipulation and Proposal for Settlement was filed
with the Board in this matter.
2.
Section 31(c)(2) of the Illinois
~nvironmental
Protection Act ("Act"), 415 ILCS
5/31
(c)(2) (2006), effective August 1, 1996, allows the parties in certain enforcement cases to
request relief from the mandatory hearing requirement where the parties have submitted to the
Board a stipulation and proposal for settlement.
3.
. Section 31(c)(2) of the Act, 415
5/31(c)(2)
(2006), provides as follows:
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
(l). Unless the Board, in its discretion, concludes that a
Electronic Filing - Received, Clerk's Office, April 11, 2008
hearingwill 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 subdjvision (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
ofsubdivision (1).
4.
No hearing is currently scheduled in the instant case.
5.
The Complainant requests the relief conferred by Section 31(c)(2) of the Act, 415
ILCS
5/31(c)(2) (2006).
WHEREFORE, the Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA
MADIGAN, Attorney General
of the State of Illinois, requests relief from the requirement ofa
hearing pursuant to 415 ILCS
5/31
(c)(2) (2006).
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
by LISA MADIGAN
Attorney General
of the State of Illinois
BY:~~~~~~~S~J~~~~~~
STE~~LV~R
Assistant Attorney General
Environmental Bureau North
69
W. Washington St., Suite 1800
Chicago, Illinois 60602
(312) 814-2087
ssylvester@atg.state.il.us
Electronic Filing - Received, Clerk's Office, April 11, 2008
,--_._--_._._-_
..
_-----_._-_._------- ------ ----_
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_-_._._--------------,
BlWORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOJS
)
by LISA MADIGAN, Attorney General
)
of the State ofJllinois,
)
r
Complainant,
)
)
v.
)
)
VILLAGE OF ROCKTON, an Illinois
)
municipal corporation,
)
)
Respondent.
)
PCB No. 07-134
(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 Environment:al Protection Agency ("JIIinois EPA"),
and Village of Rockton ("Rockton") (collectively "parties to this Stipulation"), have agreed to
the making
of this Stipulation and Proposal for Settlement ("Stipu.lation") and submit it to the
Illinois Pollution Control Board ("Board") for approval. The
patties to this Stipulation agree that
the statement of facts'contained herein represents a fair summary of the evidence and testimony
which would be introduced by the parties to this Stipulation
if a hearing were held. The parties
to this Stipulation 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 to this Stipulation 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, Rockton agrees to be bound
by the Stipulation and Board Order and not to contest their validity in any subsequent proceeding
to
inlple~ent
or enforce their terms.
1
Electronic Filing - Received, Clerk's Office, April 11, 2008
I.
JURISDICTION
The Board has jurisdiction of the subject mattcr herein and of the parties to this
Stipulation consenting
hereto pursuant to the Illinois Environmental Protection Act ("Act"), 415
ILCS
5/1
et seq.
(2006).
II.
AUTHORIZATION
The undersigned representatives for the Complainant, Rockton, and the Illinois EPA, .
certify that they arc fully authorized to enter into thc terms and conditions of this Stipulation and
to legally be bound by the Stipulation.
III.
STATEMENT OF FACTS
A.
Parties to this Stipulation
1.
On June 8, 2007, 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 upon
the request
of the lJlinois EPA, pursuant to Section 3
I
of the Act, 415 ILCS 5/31 (2006), against
Rockton.
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, Rockton was and
is an Illinois municipal
corporation, duly organized and existing under the Jaws
of the State ofIllinois.
B.
Site Description
I.
At all times relevant to the Complaint, Rockton owned and operated a waste water
treatment plant ("WWTP"), which included a lift station ("Hawick lift station"), located on the
200 block
of Hawick Street, Rockton, Winnebago County, Illinois ("Site"). .
2.
On and before June 6, 2006, the Hawick lift station had
an electric power box
2
Electronic Filing - Received, Clerk's Office, April 11, 2008
lever that when in the "on" position provided power to the Hawick lift station and pumped
sewage from
the Hawick lift station across the Rock River to its WWTP for treatment. When the
Hawick lift station electrical power box lever was
in the "off' position, no power was provided
for the operation
of the Hawick lift station.
3.
On and before June 6, 2006, the electric power box for the Hawick lift station was
located on a power pole that was not fenced in or otherwise secured from unauthorized access.
4.
Sometime between the late afternoon of June 6,2006, and the morning of June 7,
2006, the Hawick lift station power box lever was
in the "off'position, which resulted in sewage
backing up and overflowing
out
of the Hawick lift station into a bypass pipe and discharging
approximately 150,000 to 153,000 gallons
of untreated sewage into the Rock River via a storm
sewer outfall south
of the Hawick lift station.
C.
Allegations of Non-Compliance
Complainant and the Illinois EPA contend that Rockton has violated the
following provisions of the Act and Illinois Pollution Control Board ("Board") Water Pollution
Regulations:
Count
I:
Count II:
Count III:
WATER POLLUTION-: Violation
of Section 12(a) of the
Act, 415 ILCS 5/12(a) (2006);
NPDES PERMIT VIOLATIONS: UNLAWFUL
DISCHARGES: Violation
of Section 12(f) of the Act, 415
ILCS 5/12(f) (2006). and Section 309.102(a)
of Board
Water Pollution Regulations,
35 III. Adm. Code
309.102(a);
SYSTEMS RELIABILITY VIOLATIONS: Violation
of
Section 12(a) of the Act, 415 ILCS 5/12(a) (2006) and
Sections 306.1
02 and 306.304 of the Board Water Pollution
Regulations,
35 Ill. Adm. Code 306.102 and 306.304.
3
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Electronic Filing - Received, Clerk's Office, April 11, 2008
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D.
Admission of Violations
Rockton represents that it has entered into this Stipulation for the purpose of settling and
compromising <;Iisputed claims without having to incur the expense of contested litigation; By
entering into this Stipulation and complying with its tem1s, Rockton does not affirmatively admit _
the allegations of violation within the Complaint and referenced within Section
m.c
herein, and
this Stipulation shall not be interpreted as including sllch admission.
IV.
APPLICABILITY
This Stipulation shall apply to and be binding lIpon the Complainant, the Illinois EPA,
and Rockton, and any officer, trustee, agent, or employee of Rockton, as well as any successors
or assigns of Rockton. Rockton shall not raise as a defense to any enforcement action taken
pursuant to this Stipulation the failure of any of its officers, trustees, 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 REGULATIONS
This Stipulation in no way affects the responsibilities of Rockton 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,
VI.
IMPACT ON THE PUBLIC RESULTING FROM ALLEGED NON-
COMPLIANCE
Section 33(c) of the Act, 415 ILCS 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;
4
Electronic Filing - Received, Clerk's Office, April 11, 2008
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 to this Stipulation state the following:
1.
The environment was harmed by Rockton's discharge of approximately 150,000
to 153,000 gallons of untreated sewage into the Rock River via a stonn sewer outfall south of the
Hawick lift stalion.
2.
The Site has social and economic benefit.
3.
Rockton's Hawick lift station is suitable for the area in which it is located.
4.
On or about, June 7,2006, Rockton installed a duplicate power source for the
Hawick lift station'semergency notification system.
On or about, March 1,2007, Rockton
installed a backup generator for the Hawick
lift station. This was both technically practicable and
economically reasonable.
5.
Rockton has subsequently complied with the Act.
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 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;
5
Electronic Filing - Received, Clerk's Office, April 11, 2008
2.
the presence or absence of dlle diligence on the pm1 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
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 to this Stipulation state as follows:
1.
. Rockton failed to provide a duplicate po'wer source for the Hawick lift station and
for its emergency notification system, although it had undertaken improvements to the Hawick
lift station in 2005. Rockton discharged approximately 150.000 to 153,000 gallons
of untreated
sewage into the Rock River via a storm sewer outfall south of the Hawick lift station. The
violations began on or about June 6, 2006 through June 7, 2006, and were individually resolved
at various times in the following year.
2.
Rockton was diligent in attempting to
come back into compliance with the Act.
once the
IlIi~ois
E!,A notified it of its noncompliance.
3.
The civil penalty obtained negates any economic benefit that Rockton may have
accrued as a result of the delay in compliance.
6
Electronic Filing - Received, Clerk's Office, April 11, 2008
4.
Complainant and the lllinois EPA have dctcnnincd, based upon the specific facts
of this matter, that a penalty of Seven Thousand Five Hundred and FOUl1een Dollars ($7,514.00)
will serve to deter further violations and aid in future voluntary compliance with the Act.
5.
In 1975, the Board ordered Rockt.on to cease operating a landfill without a permit.
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
I.
Rockton shall pay a civil penalty in the amount of Seven Thousand Five Hundred
Fourteen Dollars ($7,514.00) within thirty (30) days from the date the Board adopts and accepts
this Stipulation. Rockton stipulates that payment has been tendered to Rockton's attorney
of
record in this matter in a fonn acceptable to that attorney. Further, Rockton stipulates that said
attorney has been directed to make the penalty payment on behalf of Rockton, 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:
llIinois Environmental Protection Agency
Fiscal Services Section
1021 N0l1h Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
7
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•
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Electronic Filing - Received, Clerk's Office, April 11, 2008
The name and number of the case and Rockton's Federal Employer Identification Number
(FEIN) shall appear
on the check. A copy of the certiJied check or money order and any
transmittal letter shall
be sent to:
Stephen J. Sylvester
Assistant Attomey General
Environmental Bureau
69 W. Washington St., 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
ti~ne
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 or money order, payable to the Illinois
EPA, designated to the I1liriois Environmental Protection Trust Fund and delivered to the address
and in the manner described above.
3.
For purposes of payment and collection, Rockton may be reached at the following
address:
Village
of Rockton
11-0 East Main Street
Rockton,
IL 61 072
4 .
For purposes of payment and collection, Rockton's attomey may be reached at the
following address:
Gregory
E. Cox,Esq.
Nicolosi
&
Associates LLC
363 Financial Court, Suite 100
Rockford, IL 61107-6671
8
Electronic Filing - Received, Clerk's Office, April 11, 2008
5.
In the event of default of this Section VIlLA, the Complainant and the Illinois
EPA shall be entitled to all available relief including, but not limited to, reasonable costs
of
collection and reasonable attomey's fees.
B.
Future Use
Notwithstanding any other language in this Stipulation to the contrary, and in
consideration
of the mutual promises and conditions contained in this Stipulation, including the
. Release from Liability contained
in Section VIII.D., below, Rockton hereby agrees that this
Stipulation may
be
used against Rockton in any subsequent enforcement action or pennit
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/or42(h)
ofth~
Act, 415 ILCS 5/39(n) nnd(i) and/or 5/42(h)(2006).
Further, Rockton agrees
to waive any rights to contest, in any subsequent enforcement action or
pennit proceeding, any allegations that these alleged violations were adjudicated.
C.
Cease and Desist
Rockton shall cease and desist from future violations
ofthe 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 Rockton'spayment of the $7,514.00 penalty and any specified costs
and accrued interest, its commitment to Cease and Desist as contained
in Section VIII.C. and
upon the Board'sacceptance and approval
of the terms of this Stipulation, the Complainant
releases, waives and discharges Rockton from any further liability or penalties for
viola~ions
of
the Act and Board 'Water Pollution Regulations that were the subject matter of the Complaint
9
Electronic Filing - Received, Clerk's Office, April 11, 2008
herein. The release set forth above does not extend to any matters other than those expressly
specified
in Complainant's Complaint filed on June 8, 2007. The Complainant reserves, and this
Stipulation
is without prejudice to, all rights of the State of Illinois against Rockton 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 Rockton'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 orjudicial, 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 Rockton.
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 Rockton'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.
10
Electronic Filing - Received, Clerk's Office, April 11, 2008
F.
Enforcement of Board Order
I.
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.
2. . Rockton 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 to this Stipulation agree that, if the Board
qoes
not approve and accept
this Stipulation
and Proposal for Seltlement,. then none of the parties to this StipUlation are bound
by the terms herein.
4.
It
is the intent of the Complainant, the Illinois EPA, and Rockton 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.
G.
Execlltion of Document
This Stipulation and Proposal for Settlement shall become effective only when executed
by
all parties to this StipulatioT1 and accepted and approved by the Board. This Stipulation and
Proposal for Settlement may be executed by the parties to this Stipulation in one or more
counterparts,
all of which taken together, shall constitute one and the same instrument.
11
Electronic Filing - Received, Clerk's Office, April 11, 2008
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
Attomey General of the State ofIJIinois
MATTHEW
J. DUNN, Chief
Environmental Enforcement/
Asbest
1 . gation Division
BY:
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY,
DOUGLAS
BY:
ROBERT
A. MESS
Chief Legal Counsel
VILLAGE OF
R?CKTON
BY:
DATE:
ill
/
0
~
Title:
F',.. e
5
ide
n -t
12
Electronic Filing - Received, Clerk's Office, April 11, 2008
CERTIFICATE OF SERVICE
I, STEPHEN 1. SYLVESTER, an Assistant Attorney General in this case, do certify that I
caused to be served this
11 th day of April, 2008, the foregoing Stipulation and Proposal for
Settlement, Motion to Request Relief from Hearing Requirement and Notice
of Filing upon the
persons listed on the Service List
by depositing same in an envelope, first class postage prepaid,
with the United States Postal Service at 100 West Randolph Street, Chicago, Illinois, at
or before
the hour
of 5:00 p.m.
Electronic Filing - Received, Clerk's Office, April 11, 2008
