CERTIFICATE OF SERVICE

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

PEOPLE OF THE STATE OF ILLINOIS,

Complainant,

CITY OF GENEVA,

an Illinois municipal corporation,

Respondent,

)

PCB

(Enforcement - Water)

NOTICE OF FILING

TO:

Charles

Radovich

Attorneys at Law

312 W. State St.

P.O. Box 464

Geneva, IL 60134

(VIA ELECTRONIC FILING)

PLEASE TAKE NOTICE that

on the 25

of June, 2008, I filed with the Clerk of the

Illinois Pollution Control Board a Stipulation and Proposal for Settlement, and Motion to

Request Relief From Hearing Requirement, copies

of which are attached hereto and hereby

served upon you.

PEOPLE OF THE STATE OF ILLINOIS

LISA MADIGAN

Attorney Ge ral

State of Ill"

CHARD

Assistant Attorney General

Environmental Bureau

69 West Washington Street, Suite 1800

Chicago, Illinois 60602

(312) 814-2069

Date: June 25, 2008

Electronic Filing - Received, Clerk's Office, June 25, 2008

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BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

PEOPLE OF THE STATE OF ILLINOIS,

Complainant,

CITY OF GENEVA,

an Illinois municipal corporation,

Respondent,

)

PCB

(Enforcement - Water)

MOTION TO REQUEST RELIEF

FROM HEARING REOUIREMENT

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:

On June 25, 2008, a Complaint was filed with the Pollution Control Board

("Board") in this matter.

On June 25, 2008, a Stipulation and Proposal for Settlement was filed

with the Board.

Section

31 (c)(2) of the Illinois Environmental Protection Act ("Act"), 415

ILCS 5/31 (c)(2), effective August

1, 1996, allows

th~

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. Section

31 (c)(2) 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

Electronic Filing - Received, Clerk's Office, June 25, 2008

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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

reliefto 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 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).

No hearing is currently scheduled in the instant case.

The Complainant requests the relief conferred

by Section 31 (c)(2) of the

Act.

WHEREFORE, the Complainant, PEOPLE OF THE STATE OF ILLINOIS,

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), effective, June 25, 2008:

Respectfully submitted,

PEOPLE OF

THE STATE OF ILLINOIS

LISA MADIGAN

Attorney General

of the

State

ofIlli

CHARD

Assistant Attorney General

Environmental Bureau

69 W. Washington St., Suite 1800

Chicago, Illinois 60602

(312) 814-2069

Electronic Filing - Received, Clerk's Office, June 25, 2008

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BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

PEOPLE

OF THE STATE OF ILLINOIS,

Complainant,

CITY OF GENEVA,

an Illinois municipal corporation,

Respondent.

)

PCB No.

(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 the City

of Geneva (the "Respondent"), have agreed to the making ofthis 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

~ettlement

only and as a.factual basis for the Bqard'sapproval 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'sRegulations, alleged in the Complaint except as .

otherwise provided herein.

is the intent ofthe parties to this Stipulation that it be a final

adjudication

of this matter.

Electronic Filing - Received, Clerk's Office, June 25, 2008

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I. STATEMENTOFFACTS

Parti~s

to the Stipulation

On May 1, 2008, a Complaint was filed on behalf ofthe People ofthe State of

Illinois by Lisa Madigan, Attorney General ofthe State ofIllinois, on her own motion and upon

the request ofthe Illinois EPA, pursuant to Section 31 of the Act, 415 ILCS 5/31 (2006), against

the Respondent.

The Illinois EPA is an administrative agency ofthe State of illinois, created

pUrsuant to Section 4 of the Act, 415 ILCS 5/4 (2006).

At all times relevant to the Complaint, Respondent was and is an Illinois

municipal corporation that is authorized to transact business in the State

ofIllinois.

At all times relevant to the Complaint, Respondent owned and operated a public water supply

system located in the City

of Geneva in Kane County, lllinois (the "Site").

The Kirk Road Business Center is located in the eastern part of the" City of

Geneva, at 429 North Kirk Road (the "Kirk Business Center").

On or about March 2006, Geneva allowed a developer to construct and install a

water main at the Kirk Business Center (the "Water Main").

The Water Main was intended to serve a"new two building office complex in the

City of Geneva. The Water Main is an extension of and an addition to the larger-water supply

system for the City of Geneva (the "Geneva Water Supply"). The Geneva Water Supply serves

or is intended to serve at least

15 service connections used by residents or regularly services at

least

25 residents at least 60 days a year.

The construction and installation of the Water Main was completed on May 4,

Electronic Filing - Received, Clerk's Office, June 25, 2008

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2006.

At no point prior to or during the construction or installation of the Water Main

did Geneva, its authorized representative, the developer, or any administrator or custodian

of the

Water Main possess a permit from the Illinois EPA authorizing the construction

or installation of

the Water Main.

The Illinois EPA issued an "as-built" construction permit to the Respondent on

October 4, 2007.

Allegations of Non-Compliance

Complainant and the Illinois EPA contend that the Respondent has violated the following

provisions

ofthe Act and Board regulations:

Count

Failure to obtain a construction permit before allowing the construction of

a water main,; in violation of Sections 18(a)(2), 18(a)(3), and 15(a) of the

Act, 415 ILCS 5/18(a)(2)-(3) (2006), and.35 Ill. Adm. Code 602.101(a)

and 652.101(a);

Admission of Violations

The Respondent admits to the violations alleged in the Complaint filed in this matter and

referenced within Section III.C herein.

Electronic Filing - Received, Clerk's Office, June 25, 2008

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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 ofthe 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 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

ofthe ACt and the Board Regulations for all violations alleged in the Complaint in this matter, for

purposes

of Sections 39 and 42 ofthe 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:

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 ofthe people;

the social and economic value

ofthe 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.

Electronic Filing - Received, Clerk's Office, June 25, 2008

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

The lllinois EPA's information gathering responsibilities were hindered by the

Respondent's violations, which may affect the general welfare ofthe People.

There is social and economic benefit to the operation of the Water Main at the

Kirk Business Center.

Operation of the Water

M~in

and the Kirk Business Center was suitable for the

area in which it occurred.

Obtaining a permit prior to construction at the Site and compliance with its terms

is both technically practicable and economically reasonable.

Respondent has subsequently complied with the Act and the Board Regulations.

IV. CONSIDERATION

OF SECTION 42(h) FACTORS'

Section 42(h) ofthe 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

ofrecord in mitigation or

aggravation

ofpenalty, including but not limited to the following factors:

the duration and gravity ofthe violation;

the presence or absence ofdue diligence on the part of the respondent in

attempting to comply with requirements

of this Act and regulations

thereunder or

to secure relieftherefrom 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

Electronic Filing - Received, Clerk's Office, June 25, 2008

* * * * * PCB 2008-100 * * * * *

with this Act by the respondent and other persons similarly subject to the

Act;

the number, proximity in time, and gravity ofpreviously adjudicated

violations of this Act by the respondent;

whether the respondent voluntarily self-disclosed, in accordance with

subsection i

ofthis Section, the non-compliance to the Agency; and

whether the respondent has agreed to

undert~e

a "supplemental

environmental project," which means an environmentally beneficial

project that a respondent agrees to undertake in settlement of an

enforcem~nt

action brought under this Act, but which the respondent is not

otherwise legally required to perform.

response to these factors, the parties to this Stipulation state as follows:

Construction of the Water Main began on or about March of 2006, was completed

on or about May 4, 2006, and an as as-built permit was issued by the lllinois EPA on June 6,

2006; the duration

of the violation was at least three (3) months. Regarding gravity, it is

important for the lllinois EPA to know about and monitor potable water supply construction and

modification projects to ensure they are properly designed and constructed to protect public

health.

Respondent was diligent in correcting the permit violation once the Illinois EPA

notified it

of its noncompliance.

The Respondent received no economic benefit from noncompliance.

Complainant has determined, based upon the specific facts of this matter, that a

penalty of Five Thousand Dollars ($5,000.00) will serve to deter further violations and aid in

future voluntary compliance with the Act and Board regulations.

Electronic Filing - Received, Clerk's Office, June 25, 2008

* * * * * PCB 2008-100 * * * * *

To Complainant'sknowledge, Respondent has no previously adjudicated

violations

ofthe Act.

Self-disclosure is not at issue in this matter.

The settlement ofthis matter does not include a supplemental environmental

project.

TERMS OF SETTLEMENT

Penalty Payment

The Respondent shall pay a civil penalty in the sum ofFive Thousand Dollars

($5,000.00) within thirty (30) days from the date the Board adopts and accepts

this Stipulation.

Stipulated Penalties, Interest and Default

If the 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 and the

remaining unpaid balance

ofthe 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'sfees.

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.

Electronic Filing - Received, Clerk's Office, June 25, 2008

* * * * * PCB 2008-100 * * * * *

"Payment Procedures

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

payable to the lllinois 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 Respondent's federal tax identification number shall appear on

the face

ofthe certified check or money order. A copy ofthe certified check or money order and

any transmittal letter shall

be sent to:

Richard A. Perry

Environmental Bureau

lllinois Attorney General's Office

69 W. Washington Street, Suite 1800

Chicago, IL 60602

Future Compliance

This Stipulation in no way affects the responsibilities ofthe Respondent to

comply with any other federal, state or local laws or regulations," including but not limited to the

Act

an~

the Board Regulations.

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

i~spections

and evaluating compliance status.

Electronic Filing - Received, Clerk's Office, June 25, 2008

* * * * * PCB 2008-100 * * * * *

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.

The Respondent shall cease and desist from future violations of the Act and Board

Regulations that were the subject matter ofthe Complaint.

Release from Liability

In consideration of the Respondent's payment ofthe $5000.00 penalty pursuant to the

specific terms

of this Stipulation, commitment to cease and

de~ist

as contained in Section V.D.3

above, and upon

th'e Board's

appr~val

ofthis Stipulation, the Complainant releases, waives and

discharges the Respondent 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 specified in Complainant's

Complaint filed on May

I, 2008. The Complainant reserves, and this Stipulation is without

prejudice to, all rights of the State ofIllinois against the Respondent 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 ofthe alleged violations; and

liability or claims based on the Respondent'sfailure to satisfy the requirements of

this Stipulation.

Electronic Filing - Received, Clerk's Office, June 25, 2008

* * * * * PCB 2008-100 * * * * *

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 ofthe Act, 415 ll..,CS 5/3.315, or entity other than the Respondent.

Enforcement and Modification of Stipulation

Upon the entry of the Board'sOrder 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

ofthis

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.

Electronic Filing - Received, Clerk's Office, June 25, 2008

* * * * * PCB 2008-100 * * * * *

PEOPLE OF THE STATE OF ILLINOIS

LISA MADIGAN .

Attorney General

State oflllinois

MATTHEW

J. DUNN, Chief

Environmental Enforcement!

Asbestos Litigation Division

FOR

THE ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY

DOUGLAS P. SCOTT, Director

lllinois Environmental Protection Agency

BY:

~~~Mu.~JI~

ROBERT A. MESSfifA

ChiefLegal Counsel

DATE:

(

,------

)O~

THE CITY OF GENEVA

Name:

(print)

r-.L-------=.~----''''---~

Title:

DATE:

---'~--t------

.'---

Electronic Filing - Received, Clerk's Office, June 25, 2008

* * * * * PCB 2008-100 * * * * *

.. ,

CERTIFICATE OF SERVICE

I, RICHARD

PERRY, an Assistant Attorney General in this case, do certify that I

caused to be served this 25

day of June, 2008, the foregoing Stipulation and Proposal for

Settlement, Motion to Request Relief From Hearing Requirement and Notice

of Filing upon the

person listed on said Notice by depositing same in an envelope, first class postage prepaid, with

the United States Postal Service at 69 West Washington Street, Chicago, Illinois, at or before the

hour

of 5:00 p.m.

Electronic Filing - Received, Clerk's Office, June 25, 2008

* * * * * PCB 2008-100 * * * * *