BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
by
LISA MADIGAN, Attorney General
of the State of Illinois,
No.
(Enforcement -
Water)
Respondent.
Complainant,
v..
)
)
)
)
)
)
)
)
SURFACE MANUFACTURING COMPANY, )
an Illinois corporation,
)
)
)
NOTICE OF FILING
TO:
See attached service list
(VIA ELECTRONIC FILING)
PLEASE TAKE NOTICE that today I have electronically filed with the Office
of
the Clerk of the Pollution Control Board the following Stipulation, a copy of which is
attached and hereby served on you.
BY::...2.~~~G~~:="'-_
CHARD
A.
PERRY
Assistant Attorney General
Environmental Bureau
69
W. Washington St., 18th Floor
Chicago, Illinois 60602
(312) 814-3776
Electronic Filing - Received, Clerk's Office, July 14, 2008
* * * * * PCB 2008-091 * * * * *
SERVICE LIST
Surface Manufacturing Company
c/o Patrick Bryan, Registered Agent
135 S. 4
th
Street
Capron, Illinois 61012
Surface Manufacturing Company
c/o Patrick Bryan, President
W5608 Stateline Road
Walworth, WI 53184
Electronic Filing - Received, Clerk's Office, July 14, 2008
* * * * * PCB 2008-091 * * * * *
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
)
Complainant,
)
)
v.
)
)
SURFACE MANUFACTURING COMPANY, )
an Illinois corporation,
)
)
Respondent.
)
PCB NO.
(Enforcement)
. ,
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 SURFACE MANUFACTURING 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. 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'sRegulations, 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.
1
Electronic Filing - Received, Clerk's Office, July 14, 2008
* * * * * PCB 2008-091 * * * * *
I. STATEMENT OF FACTS
A.
Parties to the Stipulation
1.
On May 26, 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 n.,CS 5/31 (2006), against
the Respondent.
2.
The Illinois EPA is an administrative agency of the State ofIllinois, created
pursuant to Section 4
ofthe Act, 415 n.,CS 5/4 (2006).
3.
At all times relevant to the Complaint, Respondent was and is an Illinois
corporation that is authorized to transact business in the State ofIllinois. At all times relevant to
the Complaint, Respondent owned and operated a metal finishing facility located at 13S'South4
th
Street, Village of Capron, Boone County, Illinois ("site").
4.
On March 18,2003, the Illinois EPA issued to the Respondent permit number
2003-EO-2930 to operate its pre-treatrnent,system (the "Permit"). The Permit is still in effect.
5.
The Permit provided the daily limit for the concentration of chromium in the
Wastewater, which is 2.77 milligrams
of chromium per liter of wastewater.
6.
The II1inois EPA received information from the Village of Capron in January
2007 indicating that the Respondent had discharged excessive chromium in its wastewater. The
Illinois EPA inspected the site on February 8, 2007.
7.
During a period of time beginning no later than March 2, 2006, and continuing
until at least December 24,2006, and on other dates better known to the Respondent, SMC
2
Electronic Filing - Received, Clerk's Office, July 14, 2008
* * * * * PCB 2008-091 * * * * *
discharged pretreated wastewater from its metal finishing processes (the "Wastewater") into a
sewer, which conveyed the Wastewater into the Village
of Capron'spublicly owned treatment
works (the "Capron POTW").
On
at least fifteen (15) separate dates between March 2,2006 and
December 24, 2006, and on other dates better known to the Respondent, the Respondent
discharged into the Capron POTW Wastewater with a concentration of chromium that exceeded
2.77 milligrams per liter.
B.
Allegations of Non-Compliance
Complainant and the Illinois EPA contend that the Respondent has violated the following
provisions
of the Act and Board regulations:
Section 12(a)
ofthe Act, 415 ILCS 5/12(a)(2006), discharge of contaminants so as
to cause or tend to cause water pollution.
C.
Admission of Violations
The Respondent admits to the violation alleged in the Complaint filed' in this matter and
referenced within Section
m.e
herein.
D.
Compliance Activities to Date
, The Respondent has ceased all discharges of process wastewater to the Capron POTW.
'3
Electronic Filing - Received, Clerk's Office, July 14, 2008
* * * * * PCB 2008-091 * * * * *
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 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, 415lLCS 5/33(c)(2006), provides as follows:
III
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 ofthe 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
ofreducing or
eliminating the emissions, discharges or deposits resulting from such
pollution source; and
5.
any subsequent compliance.
4
Electronic Filing - Received, Clerk's Office, July 14, 2008
* * * * * PCB 2008-091 * * * * *
In
response to these factors, the parties to this Stipulation state the following:
1.
Human health and the environment were threatened by the Respondent's
violations.
2.
There is social and economic benefit to the facility.
3.
Operation
ofthe facility was suitable for the area in which it occurred.
4.
Complying with the Permit would have been both technically practicable and
economically reasonable for the Respondent.
5.
Respondent has subsequently 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:
1.
the duration and gravity of the violation;
2.
the presence or absence of due diligence on the part ofthe respondent in
attempting to comply with requirements
of this Act and regulations
thereunder or to secure relieftherefrom 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
ofmonetary 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
Electronic Filing - Received, Clerk's Office, July 14, 2008
* * * * * PCB 2008-091 * * * * *
5.
the number, proximity in time, and gravity ofpreviously adjudicated
. violations of this Act by the respondent;
6.
whether the respondent voluntarily self-disclosed, in accordance with
subsection i
ofthis Section, the non-compliance to the Agency; and
7.
whether the resppndent 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 discharged chromium in excess ofthe limit established by its
Pennit, and thereby threatened to cause water pollution, on at least fifteen (15) occasions
between March 2, 2006 and December 24, 2006.
2.
Respondent was diligent in attempting to come back into compliance with the
Act, Board regulations and applicable federal regulations, once the Illinois EPA notified it
of its
noncompliance.
3.
By delaying making the repairs to its facility that were needed to avoid
discharging excess chromium in its wastewater, the Respondent received a minimal economic
benefit. The penalty
of Twelve Thousand Dollars ($12,000.00) exceeds any economic benefit
obtained by the Respondent.
4.
Complainant has determined, based upon the specific facts
of this matter, that a
penalty
of Twelve Thousand Dollars ($12,000.00) will serve to deter further violations and aid in
future voluntary compliance with the Act and Board regulations.
6
Electronic Filing - Received, Clerk's Office, July 14, 2008
* * * * * PCB 2008-091 * * * * *
5.
To Complainant's knowledge, Respondent has no previously adjudicated
violations
of the Act.
6.
Self-disclosure is not at issue in this matter.
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 in the sum of Twelve Thousand Dollars
($12,000.00) within thirty (30) days from the date the Board adopts and accepts this Stipulation.
B.
Stipulated Penalties, Interest and Default
I.
lfthe 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 of the penalty, plus any accrued interest, shall be due and owing
immediately. In the event of default, the Complainant shall be entitlyd to reasonable costs of
collection, including reasonable attorney's fees.
2.
Pursuant to Section 42(g) ofthe Act, interest shall accrue on any penalty amount
owed by the Respondent not paid within the time prescribed herein. Interest on
u~paid
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.
7
Electronic Filing - Received, Clerk's Office, July 14, 2008
* * * * * PCB 2008-091 * * * * *
C.
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:
lllinois Environmental Protection Agency
Fiscal Services
1021 North Grand Avenue East
P.O. Box 19276
Springfield,
IT.- 62794-9276
The name, case number and the Respondent's federal tax identification number 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:
Environmental Bureau
Illinois Attorney General'sOffice
500 South Second Street
Springfield, Illinois 62706
D.
Future Compliance
1.
If the Respondent resumes discharges to the Capron POTW at any time in the
future, the Respondent shall operate its facility in compliance with all applicable state and local
law, rules, ordinances, regulations, and permits.
2.
In
addition to any other authorities, 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 ofthis 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
8
Electronic Filing - Received, Clerk's Office, July 14, 2008
* * * * * PCB 2008-091 * * * * *
Attorney General, her employees and representatives, may take photographs, samples, and collect
information, as they deem necessary.
3.
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.
4.
The Respondent shall cease and desist from future violations
of the Act and Board
Regulations that were the subjecf matter
ofthe Complaint.
E.
Release from Liability
In consideration of the Respondent's payment ofthe $12,000.00 penalty, commitment to
cease and desist as contained in Section V.D.4 above, completion
of all activities required
hereunder, and upon the Board'sapproval
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 the Complaint
filed on May 26, 2008. 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 ofthe alleged violations;
and
9
Electronic Filing - Received, Clerk's Office, July 14, 2008
* * * * * PCB 2008-091 * * * * *
d.
liability or claims based on the Respondent's failure to satisfy the
requirements
ofthis 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
'definedby Section 3.315 ofthe Act, 415 ILCS 5/3.315, or entity other than the Respondent.
F.
Enforcement and Modification of Stipulation
1.
Upon the entry ofthe Board'sOrder approving and accepting this Stipulation, that
Order is a binding and enforceable order
ofthe 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.
10
Electronic Filing - Received, Clerk's Office, July 14, 2008
* * * * * PCB 2008-091 * * * * *
...
_-
-
_._-----------------------------,
WHEREFORE, the parties 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
LISA MADIGAN
Attorney General
State
ofIllinois
MATTHEW
J. DUNN, Chief
Environmental Enforcement!
As
"tigation Division
DATE:
7
/r7:>
(_0_8__
SURFACE MANUFACTURING
COMPANY
BY:
Name:
(Print)
_
Title:
FOR THE ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
DOUGLAS P. SCOTT, Director
Illinois Environmental Protection Agency
DATE:
~i-()
_<f
_
DATE:
_
11
Electronic Filing - Received, Clerk's Office, July 14, 2008
* * * * * PCB 2008-091 * * * * *
WHEREFORE, the parties to this Stipulation request that the Board adopt and accept the
foregoing Stipulation and Proposal for Settlement as written.
Environmental Enforcemeni/
Asbestos Litigation Division
BY:
RoseMarie Cazeau, Chief
Environmental Bureau
DATE:
_
SURFACE MANUFACTURING
COMPANY
BY:
_
ROBERT
A.
MESSINA
Chief Legal Counsel
DATE:
_
BY:
Name:
(Print)
Title:
~/9T
~Y/9...-v
~~s/'~rvl2
1\
DATE:
J
ullIe
d)~
ยป
C?o
08
11
Electronic Filing - Received, Clerk's Office, July 14, 2008
* * * * * PCB 2008-091 * * * * *
CERTIFICATE OF SERVICE
I, RICHARD A. PERRY, an Assistant Attorney General, do certify that I caused
to be mailed this 14
th
day of July, 2008, the foregoing Stipulation and Notice of Filing
upon the persons listed on said notice, by certified mail.
RI
ARD A. P
RRY
Ass stant Attorney General
Enviommenta1 Bureau
69 West Washington, 18
th
Floor
Chicago, IL 60602
312-814-2069
Electronic Filing - Received, Clerk's Office, July 14, 2008
* * * * * PCB 2008-091 * * * * *
