BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
ROCKFORD BLACKTOP CONSTRUCTION
CO., an Illinois corporation, and
WESTLAKE UTILITIES, INC.,
Respondents.
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PCB No. 08-
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NOTICE OF FILING
To:
Mr. Charle's Helsten
(VIA ELECTRONIC FILING)
Hinshaw
&
Culbertson
100 Park Avenue
P.O. Box 1389
Rockford, Illinois 61105
PLEASE TAKE NOTICE that today I have filed with the Office
of the Clerk of
the Illinois Pollution Control Board by electronic filing the Stipulation and Proposal for
Settlement with Rockford Blacktop Construction Co., and Motion to Request Relief from
Hearing Requirement, true and correct copies which are attached and hereby served upon
you.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN
Attorney Gene
of t
State of Illinois
BY:
"U'O~.L';'L>J<:J.
A A. VAIL
sis
t Attorney General
nvi onmental Bureau
69
W. Washington St., 18th Floor
Chicago, Illinois 60602
(312) 814-5361
DATE: August 4, 2008
PCB 09-11 Electronic Filing - Received, Clerk's Office, August 4, 2008
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
ROCKFORD BLACKTOP CONSTRUCTION
CO., an Illinois corporation, and
WESTLAKE UTILITIES, INC.,
an 'Illinois corporation,
Respondents.
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PCB No. 08-
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MOTION FOR RELIEF FROM HEARING
REQUIRE~ENT
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
5/31
(c)(2) (2006), moves
that the Illinois Pollution Control Board ("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:
1.
The Complaint in this matter alleges violations of Sections 12(a), 12(d)
and 12(f)
of the Act, 415 ILCS
5/12(a),
12(d) and 12(f) (2006).
2.
Complainant is filing this Motion and a Stipulation and Proposal for
Settlement with Rockford Blacktop Construction Co. with the Board.
3.
The parties have reached agreement on all outstanding issues in this
matter.
PCB 09-11 Electronic Filing - Received, Clerk's Office, August 4, 2008
4.
This agreement is presented to the Board in a Stipulation and Proposal for
Settlement filed this same date.
5.
All parties agree that a hearing on the Stipulation and Proposal for
Settlement with Rockford Blacktop Construction Co. is not necessary, and respectfully
request relief from such a hearing as allowed
by Section 31 (c)(2) of the Act, 415 ILCS
5/31
(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)(I)
of the Act, 415 ILCS
5/31(c)(I) (2006).
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN
Attorney General
State
of Illinois
VI,...'"
"".,SA
A.
VAIL
~ss'
tant Attorney General
Environmental Bureau
69
W. Washington St., 18th Floor
Chicago, Illinois 60602
(312) 814-5361
DATE: August 4,2008.
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PCB 09-11 Electronic Filing - Received, Clerk's Office, August 4, 2008
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
ROCKFORD BLACKTOP CONSTRUCTION
COMPANY, an Illinois corporation, and
WESTLAKE UTILITIES, INC.,
an Illinois corporation,
Respondents.
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PCB No. 08-
(Enforcement-Water)
STIPULATION AND PROPOSAL FOR SETTLEMENT WITH
ROCKFORD BLACKTOP CONSTRUCTION COMPANY
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 Respondent, ROCKFORD BLACKTOP CONSTRUCTION COMPANY, an Illinois
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 a factual basis for the Board's approval
ofthis 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
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PCB 09-11 Electronic Filing - Received, Clerk's Office, August 4, 2008
intent ofthe parties to this Stipulation that it be a final adjudication of this matter.
I. STATEMENT OF FACTS
A.
Parties to the Stipulation
1.
On August 4, 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), against
the Respondent Rockford Blacktop Construction Company ("Rockford Blacktop" or
"Respondent") and Westlake Utilities, Inc., an Illinois corporation.
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 this Stipulation, Respondent Rockford Blacktop was and
is an Illinois corporation registered and qualified to transact business in the State
of Illinois.
4.
At all times relevant to the Complaint, Westlake Utilities, Inc. ("Westlake") was
and is an Illinois corporation registered and qualified to transact business in the State
of Illinois.
5.
At all times relevant to the Complaint, Westlake owned and operated a
wastewater lagoon-type treatment plant ("WWTP"). The WWTP provides service to the
Westlake Village residential development and is located in Winnebago County, Illinois.
6.
The WWTP is situated on approximately 10 acres and consists of a blower house
and three treatment cells, identified as "Cell One", "Cell Two" and "Cell Three", which utilize an
aeration process to treat sanitary waste prior to discharge to Coolidge Creek.
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PCB 09-11 Electronic Filing - Received, Clerk's Office, August 4, 2008
7.
At all times relevant to the Complaint, Respondent Rockford Blacktop was the
contractor responsible for performing repair work on Cell Three, which included dewatering,
removing rip-rap and trees from the Cell'sbanks, and regrading and preparing the Cell.for
placement
of a synthetic membrane liner.
8.
On or about October 20,2006, Rockford Blacktop began construction work at the
WWTP to repair Cell Three.
9.
On October 20, 2006, the Illinois EPA inspected the WWTP and discovered water
being pumped from Cell Three to an area adjacent to Coolidge Creek without proper erosion and
silt control measures in place
to prevent the migration of sediment into Coolidge Creek, and
without an Illinois EPA issued National Pollutant Discharge Elimination System ("NPDES")
permit allowing the discharge
of stormwater associated with the construction activities at the
WWTP.
10.
Rockford Blacktop completed construction activities at the WWTP on or about
November
9, 2006.
B.
Allegations of Non-Compliance
Complainant and the Illinois EPA contend that Respondent Rockford Blacktop has
violated the following provisions of the Act and Board regulations:
Count
I:
Causing, threatening or allowing water pollution, in violation of Section
12(a)
of the Act, 415 ILCS 5/12(a) (2006).
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PCB 09-11 Electronic Filing - Received, Clerk's Office, August 4, 2008
Count II:
Countm:
Creating a water pollution hazard, in violation of Section l2(d) of the
Act, 415 ILCS
5/l2(d) (2006).
Failure to obtain an NPDES stonnwater pennit, in violation
of Section
l2(f)
of the Act, 415 ILCS 5/l2(f) (2006), and Section 309.l02(a) ofthe
Board'sWater Pollution Regulations, 35 Ill. Adm. Code 309.l02(a).
C.
Non-Admission of Violations
Respondent Rockford Blacktop neither admits nor denies the violations alleged in the
Complaint filed in this matter and referenced within Section m.B herein.
D.
Compliance Activities to Date
On July 17, 2007, Illinois EPA issued to Westlake General NPDES Pennit No.
ILR10H658 for
Stonn Water Discharges from Construction Site Activities at the WWTP.
II. APPLICABILITY
This Stipulation shall apply to and be binding upon the Complainant, the Illinois EPA
and the Respondent Rockford Blacktop, and any officer, director, agent, or employee
of the
Respondent, as well as any successors or assigns
of Rockford Blacktop. Rockford Blacktop 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.
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PCB 09-11 Electronic Filing - Received, Clerk's Office, August 4, 2008
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 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 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 alleged violations potentially threatened human health and the environment
by allowing conditions to exist that could have contaminated the waters of the State.
2.
The WWTP provides service to the Westlake Village residential subdivision and
has a social and economic benefit.
3.
The WWTP is suitable for the area in which it is located.
4.
It
is both technically practicable and economically reasonable to obtain a NPDES
Storm Water Permit and implement adequate erosion control measures at the WTTP in
compliance with the Act and Board regulations.
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PCB 09-11 Electronic Filing - Received, Clerk's Office, August 4, 2008
5.
Respondent Rockford Blacktop 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 detennining 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 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.
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PCB 09-11 Electronic Filing - Received, Clerk's Office, August 4, 2008
project.
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PCB 09-11 Electronic Filing - Received, Clerk's Office, August 4, 2008
V. TERMS OF SETTLEMENT
A.
Penalty Payment
The Respondent Rockford Blacktop shall pay a civil penalty in the sum ofTen Thousand
Five Hundred Dollars ($10,500.00) within thirty (30) days from the date the Board adopts and
. accepts this Stipulation.
B.
Stipulated Penalties, Interest and Default
1.
If Respondent Rockford Blacktop fails to make any payment required by this
Stipulation on or before the date upon which the payment is due, Rockford Blacktop 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.
2.
Pursuant to Section 42(g) of the Act, interest shall accrue on any penalty amount
owed
by Respondent Rockford Blacktop 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:
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PCB 09-11 Electronic Filing - Received, Clerk's Office, August 4, 2008
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 Rockford Blacktop's federal tax identification
number shall appear on the face
ofthe certified check or money order. A copy of the certified
check or money order and any transmittal letter shall be sent to:
Vanessa
A.
Vail
Assistant Attorney General
Environmental Bureau
69 W. Washington St.,
18
th
Floor
Chicago, Illinois 60602
D.
Future Compliance
This Stipulation in no way affects the responsibilities of Respondent Rockford Blacktop
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 Respondent Rockford Blacktop'spayment ofa $10,500.00 penalty,
and upon the Board'sapproval
of this Stipulation, the Complainant releases, waives and
discharges Respondent Rockford Blacktop from any further liability or penalties for the
violations
ofthe Act and Board Regulations that were the subject matter ofthe Complaint herein.
The release set forth above does not extend to any matters other than those expressly specified in
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PCB 09-11 Electronic Filing - Received, Clerk's Office, August 4, 2008
Complainant's Complaint filed on August 4, 2008, neither does it extend to any other person
other than the signatory to this Stipulation. The Complainant reserves, and this Stipulation is
without prejudice to, all rights
of the State of Illinois against Respondent Rockford Blacktop 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 the Respondent Rockford Blacktop'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 ofthe Act, 415 ILCS 5/3.315, or entity other than Respondent Rockford
Blacktop.
F.
Enforcement of Stipulation
Upon the entry ofthe 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.
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PCB 09-11 Electronic Filing - Received, Clerk's Office, August 4, 2008
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.
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN
Attorney General
State
of Illinois
MATTHEW
J. DUNN, Chief
Environmental Enforcement!
Asbestos Litigation Division
FOR THE ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
DOUGLAS P. SCOTT, Director
Illinois Environmental Protection Agency
ROBER
~a.d1~
A.
MESSINA
Chief Legal Counsel
DATE:_--J.'1~U_°-lA_o_8
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PCB 09-11 Electronic Filing - Received, Clerk's Office, August 4, 2008
ROCKFORD BLACKTOP
CONSTRUCTION COMPANY
BY:
Tit1e:~fzki:
(J~L
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PCB 09-11 Electronic Filing - Received, Clerk's Office, August 4, 2008
--------- ------------------------------------------,
CERTIFICATE OF SERVICE
I, VANESSA
A.
VAIL, an Assistant Attorney General, do certify that I caused to
be served this 4th day of August 2008, true and correct copies of the Stipulation and
Proposal for Settlement with Rockford Blacktop Construction Co., Motion to Request Relief
from Hearing Requirement and Notice
of Filing by certified mail with return receipt
requested to the person listed on the said Notice
of Filing, and depositing same with the
United States Postal Service located at 69 West Washington Street, Chicago, Illinois, 60602.
PCB 09-11 Electronic Filing - Received, Clerk's Office, August 4, 2008
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