BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
-vs -
VILLAGE OF MERRIONETTE PARK, an
Illinois municipal corporation,
Respondent.
)
)
)
)
)
)
)
)
)
)
PCB No. 08-55
(Enforcement - Public
Municipal Water Supply)
NOTICE OF FILING
TO:
Paul O'Grady
Querrey
&
Harrow
175 West Jackson Boulevard, Suite 1600
Chicago, IL 60604-2827
(VIA ELECTRONIC FILING)
PLEASE TAKE NOTICE that today I have filed with the Office
of the Clerk of the
Illinois Pollution Control Board
by electronic filing the following Stipulation And Proposal For
Settlement, a Motion to Request Relief from Hearing Requirement and Certificate of Service a
copy of which is attached and hereby served upon you.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN
Attorney General
State
of Illinois
DATE: August 25, 2008
BY:
~
NANCYf
TiKALSKY
Z~)
'!/
Assistant Attorney.General
Environmental Bureau
69 West Washington Street,
18
th
Floor
Chicago, Illinois 60602
312-814-8567
THIS FILING IS SUBMITTED ON RECYCLED PAPER
Electronic Filing - Received, Clerk's Office, August 25, 2008
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
. PEOPLE OF THE STATE OF ILLINOIS,
)
)
Complainant,
)
)
v.
)
)
VILLAGE
OF MERRIONETTE PARK, an Illinois)
municipal corporation,
)
)
Respondent.
)
PCB No.
08~55
(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 March 24,2008, Complaint number PCB
08~55
was filed with the
Illinois Pollution Control Board ("Board")
in this matter.
2.
On August 25,2008, 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, August 25, 2008
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
NA:
BYf#
CY J.
vJ
u
SKY
~U~Jm)
Assistant Attorney General
Environmental Bureau
North
69 West Washington St., Suite 1800
Chicago, Illinois 60602
312-814-8567
Electronic Filing - Received, Clerk's Office, August 25, 2008
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE
OF THE STATE OF ILLINOIS,
)
)
Complainant,
)
)
v.
)
)
VILLAGE OF MERRIONEITE PARK, an Illinois )
municipal corporation,
)
)
Respondent.
)
PCB No.
08,55
(Enforcement, Public
Municipal
Water Supply)
STIPULATION AND PROPOSAL FOR SETTLEMENT
Complainant, PEQPLE 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 MERRIONEITE PARK, 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
("Boqrd") 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
Complaintexcept
as otherwise provided herein. It is the intent of the parties of this
Stipulation
that it be a final adjudication of this matter.
1
Electronic Filing - Received, Clerk's Office, August 25, 2008
1.
STATEMENT OF FACTS
A.
Parties to the Stipulation
1.
On March 24,2008, a Complaint WflS 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
lLCS 5/31 (2006), against the Respondent.
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
Merrionette Park ("Merrionette") has been and is an Illinois municipal corporation in
good standing and duly authorized
to do business in the State of Illinois. Merrionette's
office
is located at 11720 South Kedzie Avenue, Merrionette Park, Cook County, Illinois.
Respondent
is the owner and custodian of potable water storage tanks at a pump station
on 1U
th
Street and Whipple Street, Merrionette Park, Cook County, Illinois ("System").
B.
Allegations of Non,Compliance
Complainant and the Illinois EPA contend that the Respondent has violated the
following provisions
of the Act and Board Public Water Supply Regulations as follows:
Count I:
DISTRIBUTING A PUBLIC WATER SUPPLY IN VIOLATION
OF ITS PERMIT
Sections 18(a) and
19 of the Act, 415 ILCS 5/18(a) and
5/19(2006), and Section 611.356(d) (4)(C)
(i) of the Board Public
Water Supply Regulations, 35 Ill. Adm. Code 611.356(d) (4) (C) (i).
2
Electronic Filing - Received, Clerk's Office, August 25, 2008
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
LB. herein.
D.
Compliance Activities to Date
In or about October 2007, Respondent submitted to the Illinois EPA 10 sample
results for lead and copper concentrations from the System ("Sample Results") obtained
between June
1,2007 through September 30,2007, and tested by a certified laboratory,
demonstrating compliance with the
Act and Board regulations.
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).
3
Electronic Filing - Received, Clerk's Office, August 25, 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 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.
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 when Respondent failed
to
timely obtain sample results for lead
and copper from the System during its triennial reporting period
of approximately
June
1,2002 through May 31,2007.
2.
The System has social and economic benefits.
3.
Operation
of the System was suitable for the area in which it
operated.
4
Electronic Filing - Received, Clerk's Office, August 25, 2008
4.
Obtaining the requisite Sample Results from the System between
approximately June 1,2002 through May
31,2007, and compliance with the Act
and Board Public Water Supply Regulations, was both technically practicable and
economically reasonable.
5.
Respondent has subsequently complied with the Act and the Board
Public
Water Supply 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;
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;
5
Electronic Filing - Received, Clerk's Office, August 25, 2008
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 timely obtain Sample Results from the
System during its triennial period of approximately June 1,2002 through May 31,
2007.
On November 18,2005, the Illinois EPA issued a Violation Notice No. W-
2005-00510 to Respondent for failing to submit, as required, the 2005 Sample
Results for the Respondent's triennial reporting period
ofjune 1,2002 through
September 30,2005.
On March 31,2006, in a commitment letter from the
Respondent, Merrionette, to the Illinois EPA, the Respondent agreed to obtain
and submit the 2006 Sample Results.
On April 11, 2006, in correspondence to
Respondent, the Illinois EPA accepted Respondent's Commitment Compliance
Agreement to obtain and submit the 2006 Sample Results, which required the
2006 Sample Results to be submitted
by Respondent by October 10, 2006. In
February 2007, the Illinois EPA determined
that the 2006 Sample Results had not
'beensubmitted by Respondent as required by the Commitment Compliance
Agreement.
The alleged violations at the System began in or around June 2002
and were resolved in or about October 2007. This constituted approximately 5
years and 3 months of non-compliance at the System.
6
Electronic Filing - Received, Clerk's Office, August 25, 2008
2.
The Complainant asserts that the Respondent did not timely
provide the requisite Sample Results for the System's triennial reporting period in
October 2005 pursuant to the
Act and Board Public Water Supply Regulations.
In addition, the Respondent did not timely provide the Illinois EPA the Sample
Results for the System's triennial reporting period in October 2006 pursuant to its
Compliance Commitment Agreement accepted
by the Illinois EPA and pursuant
to the
Act and Board Public Water Supply Regulations.
3.
The Respondent realized a nominal economic benefit from the
delay
of payment of charges of a certified laboratory for water sample results in
2005 and 2006 when it failed to obtain water Sample Results. However, the
penalty
of $5,000.00 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 Five Thousand dollars
.
($5,000.00) will serve to deter further violations and enhance future voluntary
compliance with the
Act and Board Regulations.
5.
The Respondent has no known previously adjudicated violation of
the Act.
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.
7
Electronic Filing - Received, Clerk's Office, August 25, 2008
V.
TERMS OF SETTLEMENT
A.
Penalty Payment
1.
The Respondent shall pay a civil penalty of Five Thousand Dollars
($5,000.00)
within thirty
(30)
days from the date the Board adopts and accepts this
Stipulation.
B.
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.
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:
8
Electronic Filing - Received, Clerk's Office, August 25, 2008
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 certified check or money order. A copy of the certified check or
money order and any transmittal letter shall be sent to:
Nancy]. Tikalsky
Environmental Bureau
Illinois Attorney General's Office
69 West Washington Street, Suite 1800
Chicago, Illinois 60602
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.
9
Electronic Filing - Received, Clerk's Office, August 25, 2008
E.
Release from Liability
In consideration
of the Respondent's payment of the Five Thousand dollars
($5,000.00) 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, 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 filed on
March 24, 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 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.
10
Electronic Filing - Received, Clerk's Office, August 25, 2008
F.
Enforcement and Modification of Stipulation
Upon the entry of the Board's Order approving and accepting this Stipulation, this
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.
[THE REMAINDER OF THIS PAGE INTENTIONAL LEFT BLANK]
11
Electronic Filing - Received, Clerk's Office, August 25, 2008
AUG.13',2908 12:56 3125400578
QUERREY HARROW
#5387 P.013 /013
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
MATfHEW]. DUNN, Chief
Environmental Enforcement!
Asbestos Litigation Division
BY:
ROSEMARIE CAZEAU, Chief
Environmental Bureau
Assistant Attorney General
DATE:
_
.VILLAGWF
~ERRIONETTE
PARK
BY,
of),b. //11,
~
Name:
t?!JtUVI;; h&WI!
THE
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
DOUGLAS P.
SCOTr,
Director
Illinois Environmental Protection Agency
BY:
_~----=~
__::-:-
_
ROBERT A.
MESSINA
. Chief Legal Counsel
DATE: .
-----,--~-~-----~
DATE:
!?'f6-
(~
't-008
12
Electronic Filing - Received, Clerk's Office, August 25, 2008
•. • I
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]. DUNN, Chief
Environmental Enforcement/
Asbestos Litigation Division
THE ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
DOUGLAS
P. SCOTT, Director
Illinois Environmental Protection Agency
I
BY:
BY:
--IJ~--I---~---¥----=----
~Z\RiKP\Zt~~~-..::
DATE,
7 (n!-=o-J..::g.L--__
VILLAGE OF MERRIONETTE PARK
BY:
Name:
-----------
Title:
-----------
DATE:
-------------
12
DATE:
Electronic Filing - Received, Clerk's Office, August 25, 2008
CERTIFICATE OF SERVICE
I, NANCY J. TIKALSKY, an Assistant Attorney General, do certify that I caused to be
served on this
25
th
day of August, 2008, the foregoing Notice of Filing, Stipulation And Proposal
For Settlement and a Motion to Request Relief from Hearing Requirement upon the person
listed on said Notice
by placing same in an envelope bearing sufficient postage with the United
States Postal Service located at 100 West Randolph Street, Chicago, Illinois.
~2~(df)
NANC J. TIKALSKY
Electronic Filing - Received, Clerk's Office, August 25, 2008
