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Very truly urs,

Kristen Laughridge Gale

Environmental Bureau

500 South Second Street

Springfield, Illinois 62706

(217) 782-9031

RECEIVED

CLERK'S OFFICE

41.16 2 1 2008

STATE OF ILLINOIS

Pollution Control Board

Lisa Madigan

ATTORNEY GENERAL

OFFICE OF THE ATTORNEY GENERAL

STATE OF ILLINOIS

August 19, 2008

John T. Therriault, Assistant Clerk

Assistant Clerk of the Board

Illinois Pollution Control Board

James R. Thompson Center, Ste. 11-500

100 West Randolph

Chicago, Illinois 60601

Re:?

People v. Isaacson Construction, Inc.

PCB No. 07-25

Dear Clerk:

Enclosed for filing please find the original and one copy 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 envelope.

Thank you for your cooperation and consideration.

KLG/pjk

Enclosures

500 South Second Street, Springfield, Illinois 62706 • (217) 782-1090 • TTY: (877) 844-5461 • Fax: (217) 782-7046

100 West Randolph Street, Chicago, Illinois 60601 • (312) 814-3000 • TTY: (800) 964-3013 • Fax: (312) 814-3806

1001 East Main, Carbondale, Illinois 62901 • (618) 529-6400 • TTY: (877) 675-9339 • Fax: (618) 529-6416

BEFORE THE

ILLINOIS POLLUTION CONTROL BOARD

RECEIVED

CLERK'S

OFFICE

PEOPLE OF THE STATE OF?

AUG 2 1 2008

ILLINOIS,

STATE OF

ILLINOIS

Pollution Control Board

Complainant,

vs.?

)

PCB No. 07-25

(Enforcement)

ISAACSON CONSTRUCTION, INC.,

an Illinois corporation,

Respondent.

NOTICE OF FILING

To:?

Fred C. Prillaman

Mohan, Allewelt, Prillaman & Adami

One North Old State Capital Plaza, Ste. 325

Springfield, IL 62701

PLEASE TAKE NOTICE that on this date I mailed for filing with the Clerk of the Pollution

Control Board of the State of Illinois, 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

KRISTEN LAUGHRIDGE GALE

Assistant Attorney General

Environmental Bureau

500 South Second Street

Springfield, Illinois 62706

217/782-9031

Dated: August 19, 2008

1ST N LAUGHRIDGE GALEO

CERTIFICATE OF SERVICE

I hereby certify that I did on August 19, 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:?

Fred C. Prillaman

Mohan, Allewelt, Prillaman & Adami

One North Old State Capital Plaza, Ste. 325

Springfield, IL 62701

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

same foregoing instrument(s):

To:?

John T. Therrault, 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

Assistant Attorney General

This filing is submitted on recycled paper.

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

PEOPLE OF THE STATE OF ILLINOIS,

Complainant,

PCB No. 07-25

(Enforcement)

ISAACSON CONSTRUCTION, INC.,

an Illinois corporation,

RECEIVED

CLERK'S OFFICE

AUG 2 1 2008

STATE

OF ILLINOIS

Pollution Control Board

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 5/31(c)(2) (2006).

MATTHEW J. DU N, Chief

Environmental forceme t/A bestos

Litigati

Divisioj

BY:

ISTEN LAUGHRIDGE GALE

Environmental Bureau

Assistant Attorney General

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

500 South Second Street

Springfield, Illinois 62706

217/782-9031

Dated: August 19, 2008

EovE

Control

Board

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

posztr

irounen

OFILLINOIS

2 12008

PEOPLE OF THE STATE OF ILLINOIS,

)

Complainant,?

)

v.?

PCB NO. 07-25

(Enforcement)

ISAACSON CONSTRUCTION, INC.,

an Illinois corporation,?

)

Respondent.

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 ISAACSON CONSTRUCTION, INC., ("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'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.

I. STATEMENT OF FACTS

A.?

Parties to the Stipulation

On August 13, 2007, an Amended 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, Respondent was and is an Illinois

corporation that is authorized to transact business in the State of Illinois. At all times

relevant to the Complaint, Respondent owned and/or leased and operated a facility

located at 1300 Fort Jesse Road, Normal, McLean County, Illinois ("site").

Allegations of Non-Compliance

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

following provisions of the Act and Board regulations:

Count I:

Sections 21(a) and 21(e) of the Act, 415 ILCS 5/21(a), (e).

Count II:

Section 21(f) of the Act, 415 ILCS 5/21(f), and Section 703.121(a)(1) of

the Board's RCRA Permit Program Regulations, 35 III. Adm. Code

703.121(a)(1).

Count III:

Section 21(f)(2) of the Act, 415 ILCS 5/21(f)(2), and Sections 725.113(a),

725.113(b), and 725.173(a) of the Board's Hazardous Waste Treatment,

Storage, and Disposal Regulations, 35 III. Adm. Code 725.113(a), (b), and

725.173(a).

Count IV:?

Section 21(f)(2) of the Act, 415 ILCS 5121(f)(2), and Section 725.116(a) of

the Board's Hazardous Waste Operating Regulations, 35 III. Adm. Code

725.116(a).

Count V:

Section 21(f)(2) of the Act, 415 ILCS 5121(f)(2), and Sections 725.111 and

725.175 of the Board's Hazardous Waste Treatment, Storage, and

Disposal Regulations, 35 III. Adm. Code 725.111 and 725.175.

Count VI:?

Section 21(f)(2) of the Act, 415 ILCS 5/21(f)(2), and Sections 725.151,

725.152, and 725.153 of the Board's Hazardous Waste Treatment,

Storage, and Disposal Regulations, 35 III. Adm. Code 725.151, 725.152,

725.153.

Count VII:

Section 12(a) of the Act, 415 ILCS 5/12(a).

Count VIII: Section 12(d) of the Act, 415 ILCS 5/12(d).

C.?

Admission of Violations

The Respondent admits to the violations of Sections 21(a) and 21(e) of the Act,

415 ILCS 5/21(a), (e), as alleged in paragraphs 23 and 24 of Count 'I of the Amended

Complaint filed in this matter and referenced within Section I.B herein.

D.?

Compliance Activities to Date

On April 26, 2004, approximately fifty 55-gallon drums containing contained used

motor oil, rainwater, and two types of concrete sealant were excavated and removed

from the site for disposal; all of the unearthed drums had been crushed. During

excavation, one drum, when punctured during removal, leaked rainwater and used oil; a

second drum leaked a small amount of green, semi-solid concrete sealer; and the third

drum leaked a small amount of thick, viscous, silver-gray rubbery liquid. Subsequently,

all of the crushed drums, together with large quantities of affected soil, were excavated

and removed from the site for disposal as non-hazardous waste. A sample of the

silver-gray liquid, taken during the April 26, 2004, removal, was later analyzed for

ignitability. Complainant takes the position that the Illinois EPA analysis of the silver-

gray liquid revealed that it had a flashpoint less then 70° Fahrenheit, and was therefore

a hazardous waste pursuant to Section 721.103 of the Board's Hazardous Waste

Regulations, 35 III. Adm. Code 721.103, because it exhibited the characteristic of

ignitability, but the Respondent disputes the accuracy and reliability of those results.

Based upon groundwater test results obtained by Respondent's consultants and

reviewed by Complainant and the Illinois EPA, the parties to this Stipulation agree that,

insofar as it relates to Respondent's burial of waste that is the subject of the Amended

Complaint:

(a) Groundwater monitoring conducted after removal of contaminated soils

demonstrated groundwater contamination including Arsenic, Cadmium,

Chromium, Lead, Mercury and Bis(2-ethylhexyl) phthalate, in excess of

applicable Class I standards within 35 III. Admin. Code 620;

(b)

Following removal of contaminated soils, groundwater was sampled on

numerous occasions from August 2004 to February 2007. Since

December 2004, the only contaminant of concern has been Lead

Respondent has demonstrated four consecutive quarters of groundwater

results that are below Class I groundwater standards for Lead in calendar

year 2005;

(c)

Lead is not included within the chemical analysis of either of the two

concrete sealants used by Respondent; and,

(d)

No further monitoring is required regarding the condition of groundwater

as impacted by the allegations contained in the Amended Complaint.

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, 415 ILCS 5133(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

5.?

any subsequent compliance.

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

Human health and the environment were threatened by the Respondent's

violations.

There is social and economic benefit to the facility.

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

The proper disposal of wastes 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) 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

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:

The Respondent's burial of waste was illegal and continued for several

months.

The Respondent was not diligent in its burial of waste but was both

cooperative and diligent in attempting to come back into compliance with the Act, Board

regulations and applicable federal regulations, once the Illinois EPA discovered the

burial of waste.

The costs of proper disposal of waste avoided by the Respondent's burial

of waste were vastly outweighed by the remedial expenditures incurred to remove the

waste and soil.

Complainant and the Illinois EPA have determined, based upon the

specific facts of this matter, that a penalty of One Hundred Thousand Dollars

($100,000.00) 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, Respondent has 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.

V. TERMS OF SETTLEMENT

Penalty Payment

The Respondent shall pay a civil penalty in the sum of One Hundred

Thousand Dollars ($100,000.00). Payment shall be made in installments according to

the following schedule: The first of five annual payments in the amount of $20,000.00,

within ninety (90) days from the date the Board adopts and accepts this Stipulation and

the next four payments on the anniversary dates of the first payment.

Stipulated Penalties, Interest and Default

1.?

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 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 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.

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 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's Office

500 South Second Street

Springfield, Illinois 62706

Future Compliance

1.?

In addition to any other authorities, the Illinois EPA, its employees and

1 0

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

Upon completion of the Respondent's payment of the $100,000.00 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 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 Amended Complaint filed on August 13, 2007. 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 other than that settled in the matter of

People v. Isaacson

Construction, Inc.,

McLean County Circuit Court No. 06-CF-814;

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 Respondent's failure to satisfy the

requirements

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.

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.

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

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

FOR THE ILLINOIS ENVIRONMENTAL

MATTHEW J. DUNN, Chief

Environmental Enforcement/

Asbestos Litigation Division

PROTECTION AGENCY

DOUGLAS P. SCOTT, Director

Illinois Environmental Protection Agency

THOMAS DAVIS, Chief

Environmental Bureau

Assistant Attorney General

077

067--

BY:

DATE:

ISAACSON CONSTRUCTION, INC.

Name: OAVi b a, tsAAe„..se>,..)

Title:

PaEsI