BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
VILLAGE OF SKOKIE, an Illinois municipal
corporation,
Respondent.
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PCB No. 08-088
(Enforcement- Public
Municipal
Water Supply)
NOTICE OF FILING
TO:
Henry Mueller
Village
of Skokie
5127
Oakton St.
Skokie,
IL
60077
PLEASE TAKE
NOTICE that on the 9th day of May, 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:,
C-t1th1~
><f/'_
NftJGYf.
i1Kx'Ls'Kr
Assistant Attorney General
Environmental Bureau
North
69 West Washington St., Suite 1800
Chicago, Illinois 60602
312-814-8567
DATE: May
9,2008
THIS FILING IS SUBMITTED ON RECYCLEO PAPER
Electronic Filing - Received, Clerk's Office, May 9, 2008
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
VILLAGE OF SKOKIE, an Illinois municipal
corporation,
Respondent.
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)
)
)
)
)
)
)
)
)
PCB No. 08,088
(Enforcement, Public
Municipal
Water Supply)
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 May 9,2008, Complaint number PCB 8, was filed with the Illinois
Pollution Control Board ("Board") in this matter.
2.
On May 9,2008, a Stipulation and Proposal for Settlement was filed with
the Board.
3.
Section
31 (c)(2) of the Illinois Environmental 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.
4.
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
Electronic Filing - Received, Clerk's Office, May 9, 2008
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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).
5.
No hearing is currently scheduled in the instant case.
6.
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 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
Assistant
~~~'8~~---
Attorney General
Environmental Bureau
North
69 West Washington St., Suite 1800
Chicago, Illinois 60602
312-814-8567
Dated: May
9,2008
Electronic Filing - Received, Clerk's Office, May 9, 2008
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE
OF THE STATE OF ILLINOIS
Complainant,
v.
VILLAGE OF SKOKIE, an Illinois municipal
corporation,
Respondent.
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)
)
)
)
)
)
)
)
)
PCB No. 08-088
(Enforcement- Public
Municipal
Water Supply)
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 VILLAGE
OF SKOKIE, an Illinois municipal corporation,
("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. This stipulation of facts is made and agreed upon for purposes of settlement
only and
as 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 of this Stipulation that it be a
final adjudication of this matter.
Electronic Filing - Received, Clerk's Office, May 9, 2008
I.
STATEMENT OF FACTS
A.
Parties to the Stipulation
1.
On May 9,2008, 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).
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, Village of Skokie
("VOS"),
was and is an Illinois municipal corporation authorized to transact business in
the State of Illinois. Respondent
was the owner, operator, and legal custodian of the
Village of Skokie's public water supply, including but
not limited to the public water main
and distribution system ("Skokie Water Supply").
B.
Allegations of
Non~Compliance
Complainant and the Illinois EPA contend that the Respondent has violated the
following provisions of the Act, Board Public Water Supply Regulations and Illinois EPA
Public Water Supply Regulations
as follows:
Count I:
CONSTRUCTION OF WATER MAINS AT THE
OPTIMA OLD ORCHARD DEVELOPMENT BY THE
VILLAGE OF SKOKIE WITHOUT A PERMIT
Sections 15(a) and 18(a) of the Act, 415 ILCS
5/15(a)
and
5/18(a)
(2006), Section 602.101 (a) of the Board Public Water Supply
Regulations, 35
Ill. Adm. Code 602.101(a), and Section
652.101
(a) of the Illinois EPA Public Water Supply Regulations, 35
Ill. Adm. Code 652.101(a).
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Electronic Filing - Received, Clerk's Office, May 9, 2008
Count II:
CONSTRUCTION OF WATER MAINS AT SIENA
AT OLD ORCHARD DEVELOPMENT BY THE
VILLAGE OF SKOKIE WITHOUT A PERMIT
Sections 15(a) and 18(a)
of the Act, 415 ILCS 5/15(a) and 5/18(a)
(2006), Section 602.101
(a) of the Board Public Water Supply
Regulations, 35 Ill. Adm. Code 602.101 (a),
and Section
652.101(a)
of the Illinois-EPA Public Water Supply Regulations, 35
Ill. Adm. Code 652.101(a).
C.
Admission of Violations
The Respondent neither admits nor denies the violation(s) alleged in the
Complaint filed
in this matter and referenced within Section I.B. herein.
D.
Compliance Activities to Date
1.
On February 10, 2006, the Illinois EPA issued an "as built" construction
permit for the construction
of water mains to serve a three building condominium
development located
at Old Orchard Road and Woods Drive, Skokie, Cook County,
Illinois ("Optima Project").
2.
On December 2,2005, the Illinois EPA issued an "as built" construction
permit for the construction of water mains to serve the commercial portion of a mixed
use, commercial and residential, development located
at 9340,9408 Skokie Boulevard,
Skokie, Cook County, Illinois ("Siena Project").
II.
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 this Stipulation
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Electronic Filing - Received, Clerk's Office, May 9, 2008
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.
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
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:
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, May 9, 2008
In response to these factors, the parties to this Stipulation state the following:
1.
The Complainant asserts that human health and the environment
were threatened and the Illinois EPA's information gathering responsibilities were
hindered
by the Respondent's actions; the Respondent asserts that there is no
evidence that human health or the environment were threatened
by the
Respondent's actions.
2.
The Skokie Water Supply has social and economic benefits.
3.
Operation of the Skokie Water Supply was suitable for the area in
which it occurred.
4.
Obtaining a permit prior to construction of water mains at the
Optima Project and the Siena Project, and compliance with its terms,
was both
technically practicable and economically reasonable.
5.
Respondent has subsequently complied with the Act, the Board
Regulations and the Illinois EPA 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:
.
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;
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Electronic Filing - Received, Clerk's Office, May 9, 2008
3.
any economicbenefits 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
adjudicat.ed 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.
The Respondent failed to obtain permits for construction site
activities prior to beginning construction of water mains
at the Optima Project
and the Siena Project. Applications had been filed with the Illinois EPA
for both
projects. The Respondent failed to ensure that the developers obtained permits
for each project to proceed with construction with the knowledge that the Illinois
EPA
had not issued a construction permit. The alleged violations at the Optima
Project began in or around March 2005 and were resolved
on February 10, 2006.
This constituted approximately
11 months of non-compliance at the Optima
Project.
The alleged violations at the Siena Project began in or around June 2004
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Electronic Filing - Received, Clerk's Office, May 9, 2008
.and were resolved on December 2, 2005. This constituted approximately 18
months of non-compliance at the Siena Project.
2.
The Complainant asserts that the Respondent did not provide the
information requested
by the Illinois EPA to complete applications for permits to
construct water mains
as required by the Act, and applicable Board and Illinois
EPA regulations or obtain authorization from the Illinois EPA to construct water
mains at each project before directing developers to construct the water mains at
both the Siena Project and the Optima Project. The Respondent asserts that it
did provide all information necessary to complete applications for permits to
construct water mains
as required by the Act, and applicable Board and Illinois
EPA regulations. After "as-built" construction permits were issued
by the Illinois
EPA, the Respondent implemented a change
in policy to prevent the issuance of
building permits
by the Respondent authorizing the installation of water mains
before the required Illinois EPA permits have been issued to a developer. This
policy involves a review of all water main permit requests by the Village Engineer
to ensure
that the required Illinois EPA construction permit has been issued, and .
a directive that the Engineer issue a stop work order for any development project
observed to be going forward without the required Illinois EPA permits.
3.
The Respondent recognized a nomin;;J.l economic benefit from
interest earned
on the early receipt of customary fees paid to the Respondent at
the time it issued its building permits for each the Optima Project and the Siena
Project before the Illinois EPA issued construction permits
for the water mains.
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Electronic Filing - Received, Clerk's Office, May 9, 2008
However, the penalty of $25,000.00 obtained far exceeds any economic benefit
derived
by the Respondent.
4.
Complainant and the Illinois EPA have determined, based upon
the specific facts
of this matter that a penalty of Twenty-Five Thousand dollars
($25,000) will serve to deter further violations and enhance future voluntary
compliance with the Act, Board Regulations, and Illinois EPA Regulations.
5.
The Respondent has one previously adjudicated violation of the
Act that resulted in a $500.00 penalty. In 1974, the Board found that the
Respondent allowed particulate air emission from its incinerator to exceed the
allowable rate and ordered the incinerator to be shut down.
6.
Complainant did
not voluntarily disclose the violations that are the
subject matter
of the complaint.
7.
The settlement of this matter does not include a supplemental
environmental project.
v.
TERMS OF SETTLEMENT
A.
Penalty Payment
1.
The Respondent shall pay a civil penalty of Twenty-five Thousand Dollars
($25,000.00) within thirty (30) days from the date the Board adopts and accepts this
Stipulation.
B.
Stipulated Penalties,
Interest and Default
1.
Ifthe Respondent fails to make any payment required by this Stipulation
on or before the date upon which the payment is due, the Respondent shall be in default
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Electronic Filing - Received, Clerk's Office, May 9, 2008
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.
2.
Pursuant to Section 42 (g) of the Act, interest shall accrue on any penalty
amount owed
by the Respondent 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.
c.
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 62794-92 76
The name, case number and the Respondent's federal tax identification number shall
appear
on the face of the certifiedcheck or money order. A copy of the certified check or
money order and any transmittal letter shall be sent to:
Environmental Bureau
Illinois Attorney General's Office
500
South Second Street
Springfield, Illinois 62706
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Electronic Filing - Received, Clerk's Office, May 9, 2008
D.
Future Compliance
1.
In addition to any other authority, the Illinois EPA, its employees and
representatives, and the Attorney General, her employees and representatives, shall have
the right of entry into and upon the Respondent's facility which
is the subject of this
Stipulation, at all reasonable times
for the purposes of conducting inspections and
evaluating compliance status. 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.
2.
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.
E.
Release from Liability
In consideration of the Respondent's payment of the Twenty,Five Thousand
dollars ($25,000.00) penalty and upon the Board's approval of this Stipulation, the
Complainant releases, waives and discharges the Respondent from any further liability or
penalties
for theviolations of the Act, Board Regulations and Illinois EPA 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 specified in Complainant's
Complaint.
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:
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Electronic Filing - Received, Clerk's Office, May 9, 2008
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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.
F.
Enforcement and Modification of Stipulation
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.
G.
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 parties to this Stipulation request
that the Board adopt and
accept the foregoing Stipulation and Proposal for Settlement
as written.
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Electronic Filing - Received, Clerk's Office, May 9, 2008
PEOPLE OF THE STATE OF ILLINOIS,
LISA MADIGAN
Attorney General
State of
Illinois
MATTHEW]. DUNN, Chief
Environmental Enforcement/
Asbestos Litigation Division
THE ILLINOIS ENVIRONMENTAL
PROTECTION
AGENCY
DOUGLAS P. SCOTT, Director
Illinois Environmental Protection Agency
BY:
DATE:
_
VILLAGE OF SKOKIE
BY:
Name:
----------
Title:
'-----------
DATE:
_
12
BY:
DATE:
~ ~. ~.~
ROBERTA. MESSI
A
Chief Legal Counsel
Electronic Filing - Received, Clerk's Office, May 9, 2008
PEOPLE OF THE STATE OF ILLINOIS,
LISA
MADIGAN
Attorney General
State
of Illinois
MATTHEW J. DUNN, Chief
Environmental Enforcement!
Asbestos Litigation Division
BY:
ROSEMARIE CAZEAU,
Chief
Environmental Bureau
Assistant Attorney General
DATE:
_
THE ILLINOIS ENVIRONMENTAL
PROTECTION
AGENCY
DOUGLAS P. SCOTT, Director
Illinois Environmental Protection Agency
BY:
_
DATE:
_
Title:,
__V_i_l_l_a_ge_Ma_n_ag_e_r
_
DATE:
April 30, 2008
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Electronic Filing - Received, Clerk's Office, May 9, 2008
