BEFORE
THE ILLINOIS
POLLUTION
CONTROL
BOARD
PEOPLE OF THE
STATE OF
)
RK’SOFFIE°
ILLINOIS,
AVG
292008
Complainant,
)
STATE
OF
ILLINOIS
v.
)
PCB
NO.
05-110
Pollution
Control
Board
)
(Enforcement)
J.
McDANIEL,
INC., an Illinois
)
corporation,
)
)
Respondent.
)
NOTICE
OFFILING
To:
Edward
W. Dwyer
Monica
Rios
Hodge Dwyer
Zeman
3150 Roland Avenue
Springfield, IL62705-5776
PLEASE
TAKE NOTICE
that on this date I mailed
for filing with the
Clerk
of
the Pollution
Control
Board
of the State
of Illinois, a MOTION
FOR RELIEF
FROM HEARING
REQUIREMENT,
STIPULATION
AND PROPOSAL FOR
SETTLEMENT
McLEAN
COUNTY and STIPULATION
AND
PROPOSAL
FOR
SETTLEMENT
VERMILION
COUNTY, 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
Environmental
Enforcement/Asbestos
Litigation Divisin
\
I
Jb.L1oman
Assistant
Attorney General
Environmental
Bureau
500
South
Second
Street
Springfield,
Illinois
62706
217/782-9031
Dated:
August
26,
2008
CERTIFICATE OF SERVICE
I hereby
certify
that
I did on August
26, 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,
STIPULATION AND PROPOSAL
FOR SETTLEMENT
McLEAN
COUNTY and
STIPULATION AND PROPOSAL FOR SETTLEMENT VERMILION COUNTY:
To:
Edward W. Dwyer
Monica Rios
Hodge
Dwyer
Zeman
3150 Roland Avenue
Springfield, IL
62705-5776
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
GrandAvenue East
Springfield,
IL 62794
ian
Assistant
Attorney General
This filing
is submitted on
recycled
paper.
BEFORE
THE ILLINOIS POLLUTION
CONTROL BOARD
PEOPLE OF THE STATE
OF
)
RECEIVED
ILLINOIS,
)
CLERK’S
OFFICE
Complainant,
)
‘‘
292008
STATE
OF
ILLINOIS
v.
)
PCB NO. 05-110
Pollution
Control
Board
)
(Enforcement)
J. McDANIEL, INC., an Illinois
)
corporation,
)
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 5/31(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 5131(c)(1) (2006). In support
of
this motion,
Complainant states
as
follows:
1.
The parties
have reached agreement
on
all outstanding
issues
in this matter
in
both McLean and
Vermilion Counties.
2.
This agreement is presented to the Board
in
a Stipulation and Proposal for
Settlement,
filed contemporaneously with this motion.
3.
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).
I
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 513l(c)(l)
(2006).
Respectfully
submitted,
PEOPLE
OF THE STATE OF
ILLINOIS
LISA
MADIGAN
ATTORNEY GENERAL
MATTHEW
J. DUNN, Chief
Environmental Enforcement/Asbestos
BY_________
(J. IL
Homan
Environmental
Bureau
Assistant
Attorney General
500
South
Second Street
Springfield, Illinois
62706
217/782-9031
Dated:
August
26, 2008
2
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
PEOPLE
OF
THE
STATE
OF
ILLINOIS,
)
KS
OFFICE
AUG
2g
Complainant,
)
)
jTEOF
ILLINOIS
v.
)
PCB
NO.
05-110
lQfl
Controi
Board
)
(Enforcement)
J.
McDANIEL,
INC.,
an
Illinois
corporation,
)
Respondent.
)
STIPULATION
AND
PROPOSAL
FOR
SETTLEMENT
McLEAN
COUNTY
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
J.
McDANIEL,
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
1.
On
December
14,
2004,
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
5131
(2006),
against
the
Respondent.
The
Complaint
alleged
violations
against
Respondent
arising
from
the
accidental
release
of
gasoline
in
McLean
County
addressed
in
this
Stipulation,
as well
as another
release
of gasoline
in
Vermilion
County
addressed
in
a
separate
Stipulation.
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
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
operated
as a
transportation
and
logistics
company
in
Illinois.
4.
On
April
3,
2001,
an
employee
of
the
Respondent
was
operating
a
tanker
truck
on
Route
136
in
McLean
County,
Illinois.
5.
The truck
crossed
into
oncoming
traffic,
struck
a car,
rolled
over
and
stmck
a
utility
pole,
killing
the
driver
and
resulting
in the
release
of
approximately
8,698
gallons
of
gasoline.
6.
The
released
gasoline
discharged
into
a
drainage
way
over
a
distance
of
approximately
one
hundred
(100)
feet,
after
which
it
ran
through
a
culvert
under
route
136,
entered
a
drain
tile,
ultimately
impacting a three
to four
mile
stretch
of
Sugar
Creek
and
causing
a fish
kill.
7.
The public
right
of
way
along
the
highway,
a
nearby
farmstead
and
agricultural
properties
along
Sugar
Creek
were
also
impacted
by
the
gasoline
release.
The areas
and
media
impacted
by
the gasoline
release
and
referred
to
in paragraphs
6 and
7
shall
collectively
constitute
the
“site.”
8.
Respondent
represents
that
Respondent’s
consultants
mobilized
at
the
site
within
a
few
hours
and
began
emergency
response
actions,
including
utilizing
booms
and an
underfiow
dam
to
contain
the
gasoline
in
the
creek,
as well
as
employing
vacuum
trucks
to
recover
gasoline
from
the
surface
of the
creek.
As
part
of
the
emergency
response
activities,
Respondent
represents
that
Respondent’s
consultants
also
excavated and
removed
approximately
1,625
tons
of soil.
9.
Respondent
represents
it diligently
continued
remediation
efforts
at
the site
and
has
completed
remediation
activities
to
the
Illinois
EPA’s
satisfaction.
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:
Count
III:
Water
Pollution,
in
violation
of
Section
12(a)
of
the Act,
415
ILCS
5/12(a)
(2006).
Count
IV:
Water
Pollution
Hazard,
in violation
of Section 12(d)
of
the
Act,
415
ILCS
5/12(d)
(2006).
C.
Non-Admission
of
Violations
The
Respondent represents
that it
has
entered
into
this Stipulation
for
the
purpose
of
settling
and
compromising
disputed claims
without
having
to incur
the
expense
of
contested
litigation.
By
entering
into
this
Stipulation
and
complying
with
its
terms,
the
Respondent
does
not
admit
the
allegations
of
violation
within
Counts
III
and IV
of the
Complaint
and
referenced
within
Section
I.B
herein,
and
this
Stipulation
shall
not
be interpreted
as including
such
admission.
D.
Compliance Activities to
Date
The
Respondent represents
that
it
has
fuiiy
completed
cleanup
of the
gasoline
contamination
and
achieved
the
remediation
objectives
approved
by
the Illinois
EPA
for
the
release
in
McLean
County
which
is the subject
of
this Stipulation.
The
Illinois
EPA
has
approved
the
completion
of
the
remediation
at
the
site.
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
thjs
matter,
for puiposes
of
Sections
39 and
42 of the
Act, 415
JLCS
5/39
and
42
(2006).
Ill.
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.
Human
health
was
threatened,
and the environment
was
negatively
impacted.
Although Respondent’s
initial response
to the Illinois
EPA’s
Violation
Notice
was
delayed,
Respondent
represents
that
it did not
delay
in responding
to the release
and
continued
remediation
activities
at
the site.
2.
There
was
no
social
and
economic
benefit
as the result
of
the release
incident.
Respondent
represents
that,
in
addition
to suffering
the
death of
an
employee
and losing
saleable
product,
Respondent
has incurred
over
$270,000
in
costs
associated
with
the remediation
activities
at the
site. In
addition, in
a
separate
proceeding,
Respondent
paid
twenty-five
thousand
($25,000)
dollars
to
resolve Respondent’s
liability
for natural
resource damages
associated
with
the release
at the site.
See
People
v. J. McDaniel
Transportation,
Inc., Circuit
Court
for the
Eleventh Judicial
Circuit,
McLean
County,
IL
No.
06-AR-575
(February
16,
2007).
3.
Respondent’s
ordinary
fuel transportation
operations
were
suitable
for the
area
in
which the
release occurred.
4.
Respondent’s
remediation
contractor
mobilized
to
the
site
and continued
cleanup
efforts
until
remediation
was
complete.
Expeditious
cleanup
of
the McLean
County
release
was
both
technically
practicable
and economically
reasonable.
5.
Respondent
has subsequently
complied
with the Act
and the
Board Regulations
after
the
occurrence
of
the McLean
Co.
And
Vermilion
Co.
releases that
are
the
subject
of
the
Complaint
in this
matter.
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;
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 water pollution violation persisted for several
weeks after the
incident
occurred, while the
water
pollution hazard violations continued from the
date of the incident
(April
3,
2001)
until remediation
was completed in 2006. Respondent represents that
the
accidental release
of gasoline, its eventual discharge into
Sugar
Creek, and Respondent’s
emergency
response actions occurred between April
3, 2001, and April 16, 2001.
2.
Respondent represents that it was diligent in undertaking
initial emergency
response
activities but delayed in responding to the Illinois EPA’s Violation
Notice. After the
initial emergency
response activities
were
complete, Respondent represents
that it diligently
continued remecliation activities at the site.
3.
Respondent represents that it lost saleable product
and incurred over
$270,000 in
costs
associated
with
remediation activities at the site. Respondent represents
that it has
paid for
the cost
of
the
natural resources
damages claim affiliated
with this incident in
a
separate
proceeding. Consequently, there was no economic
benefit
to the
Respondent.
4.
Complainant and the Illinois EPA have
determined, based upon
the specific facts
of the McLean County gasoline
release,
that
a penalty of Thirty-Five
Thousand
Dollars
($35,000.00) will
serve
to
deter further violations and aid in
future voluntary compliance with
the Act
and
Board regulations.
5.
To
Complainant’s and
the Illinois
EPA’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 Thirty-Five
Thousand
Dollars ($35,000.00)
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:
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
D.
Future Compliance
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
In
consideration
of the
Respondent’s payment
of the
$35,000.00
penalty
and any
specified
costs
and
accrued interest,
completion
of
all
activities required hereunder,
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
Counts
III
and
IV
of the Complaint
herein.
release
set
forth
above does
not
extend
to
any
matters other than
those
expressly
specified in
Complainant’s
Complaint
filed on December
14, 2004. 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
anclJor
regulations;
and
c.
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.
F.
Enforcement
of Stipulation
1.
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.
G.
Execution
of Stipulation
The
undersigned
representatives
for
each
party
to
this
Stipulation
certify
that
they
are
flilly
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
ILUNOIS,
FOR
THE
ILLiNOIS ENVIRONMENTAL
PROTECTION
AGENCY
LISA
MADIGAN
Attorney
General
State
of Illinois
DOUGLAS
P. SCOTT,
Director
Illinois Environmental
Protection
Agency
MATTHEW
J. DUNN,
Chief
Environmental
Enforcement!
Asbestos
Litigation
Division
BY:
THOMAS
DAVIS,
Chief
BY:
4-
ROI3ER A. MESSIItA
Environmental
Bureau
Assistant
Attorney
General
Chief
Legal
Counsel
DATE:
/0
DATE:
J.
McDANIEL,
INC.
An Illinois
corporation
BY:
rJ
DATE:
U
A
Title:
BEFORE THE
ILLINOIS
POLLUTION
CONTROL
BOARD
PEOPLE
OF
THE
STATE OF
ILLINOIS,
)
)
Complainant,
)
)
V.
)
PCB
NO. 05-110
)
(Enforcement)
J. McDANIEL,
INC., an Illinois
corporation,
)
Respondent.
)
2
200B
STIPULATION
AND PROPOSAL
FOR SETTLEMENT
VERMILION
COUNTY
F
LLOS
PEOPLE
OF
THE STATE
OF ILLINOIS,
by LISA MADIGAN,
Attorney
General
of the
State
of
Illinois,
the Illinois
Environmental
Protection
Agency
(“Illinois
EPA”),
and 3. McDANIEL,
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
1.
On
December
14,
2004,
a
Complaint
was filed
on behalf
of
the
People
of
the
1
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 Complaint
alleged
violations
against
Respondent arising
from the accidental release of gasoline in
Vermilion County
addressed in this
Stipulation,
as
well
as another release of
gasoline
in
McLean
County addressed in
a separate
Stipulation.
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
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
operated a
transportation and logistics
Company in
Illinois.
4.
On
November 12, 2001,
an employee
of the
Respondent was
operating
a tanker
truck
in Danville, Vermilion
County,
Illinois, at
a
service
station
on the corner
of Voorhees
and
Bowman
Streets.
5
Respondent
represents that
during
maneuvering,
the tanker
unintentionally
struck
a post,
resulting in the release of some 2,900 gallons of gasoline.
6.
The gasoline, which Respondent
represents
was
flushed
into
a
storm
sewer
by
the
Danville Fire Department, entered
a storm sewer, a drainageway,
and ultimately
impacted
up to
two
and a half
miles of Stony Creek, causing
a
fish
kill.
7.
Soils,
sediments and surface water
were
impacted
on multiple
properties along
Stony
Creek,
and
potentially
explosive gasoline vapors
impacted the storm
sewer
and
nearby
streets.
The
area and media
impacted
by
the gasoline
release and referred
to in
paragraphs
6 and
7
shall collectively
constitute the “site.”
2
8.
Respondent
represents
that within
hours
of the
release, Respondent’s
consultants
mobilized
at the site
and implemented
emergency
remediation
activities.
The
consultants,
on
behalf of the
Respondent,
collected
approximately
1,000 gallons
of
product and
approximately
4,500
gallons
of
impacted water
from
the
area.
9.
Respondent
represents
it diligently
continued
remediation
efforts
at the site
and
has
con;leted
remediation
activities
to the
Illinois EPA’s
satisfaction.
B.
A
legations
of Non-Compliance
Coplainant
and the Illinois
EPA
contend
that
the
Respondent
has
violated
the
following
provisions
f the
Act
and Board
regulations:
Cc
nt I:
Water Pollution,
in violation
of Section
12(a) of
the
Act,
415 ILCS
5/12(a)
(2006).
C nt II:
Water Pollution
Hazard, in
violation of
Section
12
of the
Act, 415
ILCS
5/12
(2006).
C.
N
i-Admission
of Violations
Respondent
represents
that
it has
entered
into
this
Stipulation
for the
purpose
of
settling
a
I
compromising
disputed
claims
without
having
to incur the
expense
of
contested
litigation
By entering
into this
Stipulation
and
complying
with its terms,
the
Respondent
does
not adm
the allegations
of violation
within
Counts
I
and II
of the Complaint
and
referenced
withir
ection I.B
herein,
and
this
Stipulation
shall not
be
interpreted
as
including
such
adrn
ion.
D.
Compliance
Activities
to Date
The
Respondent
represents
that
it
has fully completed
cleanup
of the gasoline
contamination
and achieved
the
remediation
objectives
approved
by the
Illinois
EPA for the
3
release
in
Vermilion
County
which
is
the subject
of this
Stipulation.
The
Illinois
EPA
has
approved the
completion
of the remediation
at
the
site.
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 ALLEGEI)
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
4
5.
any
subsequent
compliance.
In
response
to
these
factors,
the
parties
to
this
Stipulation
state
the
following:
1.
Human
health
was
threatened
and
the
environment
was
negatively
impacted.
Although
Respondent’s
initial
response
to
the
Illinois
EPA’s
Violation
Notice
was
delayed,
Respondent
represents
that
it
did
not
delay
in
responding
to
the
release
and
continued
remediation
activities
at
the
site.
2.
There
was
no
social
and
economic
benefit
as
the
result
of
the
release
incident.
In
addition
to
paying
for
a
related
fish
kill
and
losing
saleable
product,
Respondent
represents
that
it
has
incurred
over
$54,000
in
costs
associated
with
the
remediation
activities
at the
site.
3.
Respondent’s
ordinary
fuel
transportation
operations
were
suitable
for
the
area
in
which
the
release
occurred.
4.
Respondent’s
remecliation
contractor
mobilized
to
the
site
and
continued
cleanup
efforts
until
remediation
was
complete.
Expeditious
cleanup
of
the
Vermilion
County
release
was
both
technically
practicable
and
economically
reasonable.
S.
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
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;
5
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.
In
response
to
these
factors,
the
parties
to
this
Stipulation
state
as follows:
1.
The
Respondent
represents
that
the
accidental
gasoline
release,
its
eventual
discharge
into
Stony
Creek, and
the
Respondent’s
emergency
response
actions
at
the
site
occurred
between
November
12,
2001,
and
November
23,
2001.
Remediation
activities
at
the
site
were
completed
thereafter.
The
water
pollution
violation
persisted
for
about
eleven
days
after
the
incident
occurred,
while
the
water
pollution
hazard
violation
continued
from
the
date
of
the
incident,
November
12,
2001,
until
remediation
was
completed
in
2004.
2.
Respondent
represents
that
it was
diligent
in undertaking
initial
emergency
response
activities but
delayed
in
responding
to
the
Illinois
EPA’s
Violation
Notice.
After
the
initial
emergency
response
activities
were
complete,
Respondent
represents
that
it
diligently
continued
remediation
activities
at
the
site.
6
3.
Respondent
represents
that
it
lost
saleable
product
and
incurred
over
$54,000
in
costs
associated
with remediation
activities
at the
site.
The
Respondent has
also
paid for
the
cost
of the
fish
kill,
Consequently,
there
was
no
economic
benefit
to
the
Respondent.
4.
Complainant
and
the
Illinois
EPA
have
determined,
based
upon
the
specific
facts
of the
Vennilion
County
gasoline
release,
that
a
penalty
of Twenty
Five
Thousand
Dollars
($25,000.00)
will
serve
to deter
further
violations
and
aid in
future
voluntary
compliance
with
the
Act
and Board
regulations.
5.
To
Complainant’s and
the
Illinois
EPA’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
Twenty
Five
Thousand
Dollars
($25,000.00)
within
thirty
(30)
days
from
the
date
the
Board
adopts
and
accepts
this
Stipulation.
B.
Interest
and
Default
1.
If
the Respondent
fails to
maice
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
7
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:
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
ft
Future
Compliance
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.
8
E.
Release
from
Liability
In consideration of
the Respondent’s
payment
of
the
$25,000.00
penalty,
and
any
specified
costs
a d
accrued
interest,
completion
of
all
activities
required
hereunder,
and
upon
the
Board’s
approva
of this
Stipulation,
the
Complainant
releases,
waives
and
discharges
the
Respondent
fror;
;tny
further
liability
or
penalties
for
the
violations
of the
Act
and
Board
Regulations that
Were
the
subject
matter
of
Counts
I
and II
of the
Complaint
herein.
The
release
set
forth
above
d
s not
extend
to any
matters
other
than
those
expressly
specified
in
Complainant’s
C
mplaint
filed
on
December
14, 2004.
The
Complainant
reserves,
and
this
Stipulation
is wi
ut
prejudice
to,
all rights
of
the State
of
Illinois
against
the
Respondent
with
respect
to
all oth
matters,
including
but
not
limited
to,
the
following:
a.
c
:inal
liability;
b.
ii
ility for
future
violation
of state,
federal,
local,
and
common
laws
and/or
regulations;
c.
ii
lity
for
natural
resources
damage
arising
out
of
the
alleged
violations;
and
d.
l
Hity
or claims
based
on
the
Respondent’s
failure
to
satisfy
the
requirements
of
this
Stipulation.
Nothing
this
Stipulation
is intended
as a
waiver,
discharge,
release,
or covenant
not
to
sue
for
any
clai
r
cause
of
action,
administrative
or
judicial,
civil
or criminal,
past
or
future,
in
law or
in
equity
:hich
the
State
of
Illinois
or
the
Illinois
EPA
may
have
against
any
person,
as
defined
by
Sect
3,315
of
the
Act, 415
ILCS
5/3.315,
or entity
other
than
the
Respondent.
9
F.
Enforcement
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.
G.
Execution
of
Stipulation
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
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,
FOR
THE
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
LISA
MADIGAN
Attorney
General
State
of
IWnois.
DOUGLAS
P.
SCOTT,
Director
-
Illinois
Environmental
Protection
Agency
MATTHEW
J.
DUNN,
Chief
Environmental EnforcementJ
Asbestos Litigation
Division
BY:
BY
THOMAS
DAVIS, Chief
Environmental
Bureau
Chief
Legal
Counsel
-
Assistant
Attorney General
DATE:
/0
r
DATE:
J.
McDANIEL, INC.,
an
Illinois
corporation
BY:
DATE:
.
Name:
- &b-itwA
Title:
‘I?
‘(
(Y&1
11
