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RECEIVED

CLERK'S OFFICE

MAY 0 9 2008

STATE OF IL

Lisa Madigan

Pollution Control Board

lORNI (4 . M?

OFFICE OF THE ATTORNEY GENERAL

S'IATF OF 11,1,1NOIS

May 6, 2008

John T. Therriault, Assistant Clerk

Illinois Pollution Control Board

James R. Thompson Center, Ste. 11-500

100 West Randolph

Chicago, Illinois 60601

Re:

People v. Bob D. Stagner and Linda

S. Stegner

PCB No. 06-174

Dear Clerk Gunn:

Enclosed for filing please find the original and ten copies 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, self-addressed envelope.

Also, please note the new mailing address for

Respondents.

Thank you for your cooperation and consideration.

Very tr lyyours;---,\

Raymond J. Gallery

.--4

Environmental Bureau

500 South Second Street

Springfield, Illinois 62706

(217) 782-9031

RJC/pp

Enclosures

100 West Randolph Socet, Chicago, Illinois 60601

• (312) 814-3000 •?

TTll (312) 814-3374 •?

Fax: (312) 814-3806

1(101 East Alain. Carbondale, Illinois 62901 • (618) 529-6400 •

(618) 520-640.3 • Fax: (618) 529-6416

.590 South Second Street, Springfield, Illinois 62706 •

(217)

782-1090 • Tit

(217)

785-2771 • lax: (217) 782-7046

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

PEOPLE OF THE STATE OF ILLINOIS,

Complainant,

BOB D. STAGNER and

LINDA

S. STAGNER,

d/b/a

LB'S CAMPING & MOBILE HOME PARK,

PCB No. 06-174

(Enforcement - Water)

RECEIVED

Pollution Control Board

Respondents.

NOTICE OF FILING

To:?

Bob D. Stagner and Linda S. Stagner

d/b/a LB's Camping & Mobile Home Park

408 S. Fairdale

PO Box 472

Royalton, IL 62983

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

Assistant Attorney General

Environmental Bureau

500 South Second Street

Springfield, Illinois 62706

217/782-9031

Dated: May 6, 2008

CERTIFICATE OF SERVICE

I hereby certify that I did on May 6, 2008, 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:?

Bob D. Stagner and Linda S. Stagner

d/b/a LB's Camping & Mobile Home Park

408 S. Fairdale

PO Box 472

Royalton, IL 62983

NOTE NEW MAILING ADDRESS FOR RESPONDENTS

and the original and ten copies by First Class Mail with postage thereon fully prepaid of the

same foregoing instrument(s):

John T. Therriault, Assistant 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

\C"

RAYMOND J. CALLER

Assistant Attorney General

This filing is submitted on recycled paper.

BEFORE THE

ILLINOIS POLLUTION CONTROL BOARD

CLERK'S

EC E

OFFICE

PEOPLE OF THE STATE OF ILLINOIS, )

MAY 0 9 2008

STATE OF

ILLINOIS

Complainant,

Pollution Control Board

PCB No. 06-174

(Enforcement - Water)

BOB D. STAGNER and

LINDA

S. STAGNER,

d/b/a

LB'S CAMPING & MOBILE HOME PARK, )

)

Respondent.

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 5131(c)(2) (2006), 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) (2006). In support of

this motion, Complainant states as follows:

The parties have reached agreement on all outstanding issues in this matter.

This agreement is presented to the Board in a Stipulation and Proposal for

Settlement, filed contemporaneously with this motion.

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 5131(c)(2) (2006).

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) (2006).

Respectfully submitted,

PEOPLE OF THE STATE OF ILLINOIS

LISA MADIGAN

ATTORNEY GENERAL

MATTHEW J. DUNN, Chief

Assistant Attorney General

500 South Second Street

Springfield, Illinois 62706

217/782-9031

Dated: May 6, 2008

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

REED

CLERK'S

CEIV

OFFICE

MAY 0 9 2008

STATE OF ILLINOIS

Complainant,

Pollution Control Board

PCB NO. 06-174

(Enforcement - Water)

BOB D. STAGNER and LINDA

STAGNER, d/b/a LB'S CAMPING and

MOBILE HOME PARK,

Respondents.

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 BOB D. STAGNER and LINDA S. STAGNER, d/b/a LB'S CAMPING and MOBILE

HOME PARK ("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. This stipulation of facts is made and agreed upon for purposes of settlement only and

as a factual basis for the Board's approval of this Stipulation and issuance of relief. None of the

facts stipulated herein shall be introduced into evidence in any other proceeding regarding the

violations of the Illinois Environmental Protection Act ("Act"), 415 ILCS 5/1

et seq.

(2006), and

the Board's Regulations, alleged in the Complaint except as otherwise provided herein. It is the

intent of the parties to this Stipulation that it be a final adjudication of this matter.

PEOPLE OF THE STATE OF ILLINOIS,

I. STATEMENT OF FACTS

Parties to the Stipulation

On May 17, 2006, 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 Illinois EPA, pursuant to Section 31 of the Act, 415 ILCS 5/31 (2006), against

the Respondent.

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).

At all times relevant to the Complaint, Bob D. Stagner and Linda S. Stagner were

the owners and operators of a facility known as LB's Camping and Mobile Home Park ("LB's

Camping") located at 5272 Peach Orchard Road, Sessor, Franklin County, Illinois. The

Respondents owned and operated LB's Camping from 1997 until selling the facility in August of

2007.

On May 18, 2000, Illinois EPA inspected LB's Camping in response to a

complaint and observed that the filters of the wastewater treatment plant ("WTTP") were being

bypassed and that septic tank effluent was being discharged directly into the receiving stream.

The receiving stream was gray in color and contained floating debris. Upon a re-inspection on

October 30, 2001, Illinois EPA also observed a dark gray sewage color, septic odor, foam, and

debris at the outfall.

At all times relevant hereto, the WTTP at LB's Camping discharged to an

unnamed tributary of Andy Creek and to Valier Lake. Andy Creek and Valier Lake fall within

the definition of "waters" of the State as that term is defined in Section 3.550 of the Act, 415

1LCS 5/3.550 (2006).

Respondents' National Pollutant Discharge Elimination System ("NPDES")

Permit imposed effluent concentration limitations for five -day carbonaceous biochemical

oxygen demand ("CBOD

'), total suspended solids ("TSS"), ammonia nitrogen, and fecal

coliform, each of which is a "contaminant" as that term is defined in Section 3.165 of the Act,

415 ILCS 5/3.165 (2006). Discharge Monitoring Reports ("DMRs") are submitted monthly in

accordance with the NPDES Permit to report the concentrations of contaminants in the effluent.

Between May 2000 and August 2007, Respondents exceeded the monthly

average for CBOD

in at least forty-seven months and exceeded the daily maximum for CBOD5

in at least twenty-nine months. Between May 2000 and August 2007, Respondents exceeded

the monthly average for TSS in at least thirty-six months and exceeded the daily maximum for

TSS in at least thirteen months. Between May 2000 and August 2007, Respondents exceeded

the monthly average for ammonia nitrogen in at least fifty-five months and exceeded the daily

maximum for ammonia nitrogen in at least forty-five months. Between May 2000 and August

2007, Respondents exceeded the daily maximum for fecal coliform in at least fifty-six months.

B.?

Allegations of Non-Compliance

Complainant and the Illinois EPA contend that the Respondents have violated the

following provisions of the Act and Board regulations:

Count I:

By causing, threatening, or allowing the discharge of contaminants

to the waters of the State so as to cause or tend to cause water

pollution in Illinois, the Respondents have violated Section 12(a)

of the Act, 415 ILCS 5/12(a) (2006), and Sections 302.203,

304.106, 304.120(c) and 306.304 of the Board's Water Pollution

Regulations.

Count 11:

By causing, threatening, or allowing the discharge of contaminants

into the waters of the State in violation of the terms and conditions

established by the NPDES permit, the Respondents have violated

Section 12(0 of the Act, 415 ILCS 5/12(f) (2006), and Sections

304.141(a), 305.102, and 380.202(a) of the Board's Water

Pollution Regulations.

Admission of Violations

The Respondents admit to the violation(s) alleged in the Complaint filed in this matter

and referenced within Section I.B herein.

Compliance Activities to Date

At significant cost to the Respondents, efforts were taken to upgrade the WTTP at LB's

Camping and to bring it into substantial compliance with the Act and the Board Regulations

prior to its sale to a third party in August 2007.

APPLICABILITY

This Stipulation shall apply to and be binding upon the Complainant, the Illinois EPA

and the Respondents, and any officer, director, agent, or employee of the Respondents, as well as

any successors or assigns of the Respondents. The Respondents 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. This Stipulation may be used against the

Respondents in any subsequent enforcement action or permit proceeding as proof of a past

adjudication of violation of the Act and the Board Regulations for all violations alleged in the

Complaint in this matter, for purposes of Sections 39 and 42 of the Act, 415 ILCS 5/39 and 42

(2006).

III. 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:

the character and degree of injury to, or interference with the protection of

the health, general welfare and physical property of the people;

the social and economic value of the pollution source;

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;

the technical practicability and economic reasonableness of reducing or

eliminating the emissions, discharges or deposits resulting from such

pollution source; and

any subsequent compliance.

In response to these factors, the parties to this Stipulation state the following:

Human health and the environment were threatened and the Illinois EPA's

information gathering responsibilities hindered by the Respondents' violations.

There is social and economic benefit

the facility.

Operation of the facility was suitable for the area in which it occurred.

Preventing the discharge of contaminants in excess of the effluent concentration

limitations and compliance with the terms and conditions of the NPDES permit were both

technically practicable and economically reasonable.

Prior to selling the facility Respondents had substantially complied with the Act

and the Board Regulations.

IV. 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:

the duration and gravity of the violation;

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;

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;

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;

the number, proximity in time, and gravity of previously adjudicated

violations of this Act by the respondent;

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:

Respondents' violations were discovered on and after May 18, 2000, and were

substantially resolved prior to the sale of the facility in August 2007.

Respondents were diligent in attempting to come back into compliance with the

Act, Board regulations and applicable federal regulations, once the Illinois EPA notified them of

their noncompliance.

Respondents realized some economic benefit of non-compliance by delaying the

costs necessary to prevent the discharge of contaminants in excess of the effluent concentration

limitations and by delaying the costs necessary to comply with the terms and conditions of the

NPDES permit.

Complainant and the Illinois EPA have determined, based upon the specific facts

of this matter, that a penalty of FIVE HUNDRED DOLLARS ($500.00) will serve to deter

further violations and aid in future voluntary compliance with the Act and Board regulations.

To Complainant's and the Illinois EPA's knowledge, Respondents have no

previously adjudicated violations of the Act.

Self-disclosure is not at issue in this matter.

The settlement of this matter does not include a supplemental environmental

project.

TERMS OF SETTLEMENT

Penalty Payment

1.?

The Respondents shall pay a civil penalty in the sum of Five Hundred Dollars

($500.00) within thirty (90) days from the date the Board adopts and accepts this Stipulation.

Interest and Default

If the Respondents fail to make any payment required by this Stipulation on or

before the date upon which the payment is due, the Respondents shall be in default and the

remaining unpaid balance of the penalty, plus any accrued interest, shall be due and owing

immediately. In the event of default, the Complainant shall be entitled to reasonable costs of

collection, including reasonable attorney's fees.

Pursuant to Section 42(g) of the Act, interest shall accrue on any penalty amount

owed by the Respondents not paid within the time prescribed herein. Interest on unpaid

penalties shall begin to accrue from the date such are due and continue to accrue to the date full

payment is received. Where partial payment is made on any penalty amount that is due, such

partial payment shall be first applied to any interest on unpaid penalties then owing.

Payment Procedures

All payments required by this Stipulation shall be made by certified check or money

order payable to the Illinois EPA for deposit into the Environmental Protection Trust Fund

("EPTF"). Payments shall be sent by first class mail and delivered to:

Illinois Environmental Protection Agency

Fiscal Services

1021 North Grand Avenue East

P.O. Box 19276

Springfield, IL 62794-9276

The name, case number and the Respondents' federal tax identification numbers shall appear on

the face of the certified check or money order. A copy of the certified check or money order and

any transmittal letter shall be sent to:

Raymond J. Callery

Environmental

Bureau

Illinois Attorney General's Office

500 South Second Street

Springfield, Illinois 62706

Release from Liability

In consideration of the Respondents' payment of the

$500.00

penalty and upon the

Board's approval of this Stipulation, the Complainant releases, waives and discharges the

Respondents from any further liability or penalties for the violations of the Act and Board

Regulations that were the subject matter of the Complaint herein. The release set forth above

does not extend to any matters other than those expressly spec fied in Complainant's Complaint

filed on May 17, 2006. The Complainant reserves, and this Stipulation is without prejudice to,

all rights of the State of Illinois against the Respondents with respect to all other matters,

including but not limited to, the following:

criminal liability;

liability for future violation of state, federal, local, and common laws and/or

regulations;

liability for natural resources damage arising out of the alleged violations; and

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

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 Respondents.

ROBERT A. ME SINA

Chief Legal Counsel

Enforcement

Upon the entry of the Board's Order approving and accepting this Stipulation, that Order

is a binding and enforceable order of the Board and may be enforced as such through any and all

available means.

Execution of Stipulation

The undersigned representatives for each party to this Stipulation 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.

WHEREFORE, the panics to this Stipulation request that the Board adopt and accept the

foregoing Stipulation and Proposal for Settlement as written.

PEOPLE OF THE STATE OF ILLINOIS, FOR THE ILLINOIS ENVIRONMENTAL

MATTHEW J. DUNN, Chief

Environmental Enforcement/

Asbestos Litigation Division

BY:

THOMAS DAVIS, Chief

Environmental Bureau

Assistant Attorney General

DATE:

3/u//0

DOUGLAS P. SCOTT, Director

Illinois Environmental Protection Agency

Marcere=u---

08'