BEFORE
THE ILLINOIS POLLUTION
CONTROL BOARD
PEOPLE OF THE STATE OF
)
ECEVE
CLERK’S
OFF1Cr
ILLINOIS,
)
)
SEP04
2008
Complainant,
)
STATE
OF
ILLINOIS
vs.
)
PCB No. 07-46
tion
Control
Board
)
(Enforcement)
D
&
L DISPOSAL, L.L.C,
a
Delaware
)
corporation,
)
Respondent.
)
NOTICE OF FILING
To:
D
&
L
Disposal, L.L.C.
do
Brian Konzen
Lueders,
Robertson
&
Konzen
1939
Delmar
Avenue
P.O. Box 735
Granite City, IL 62040
PLEASE
TAKE NOTICE that on this date
I
mailed for filing with
the
Clerk
of the Pollution
ControlBoard of the State of
Illinois,
a
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
Environmental
Enfo cement/Asbestos
Litigati
ivison
BY:_____________________
H MAN
Ass\istant Attorney General
Environmental Bureau
500
South
Second Street
Springfield,
Illinois 62706
217/782-9031
Dated:
September 2, 2008
CERTIFICATE
OF
SERVICE
I hereby
certify that I
did on
September
2, 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:
D & L Disposal,
L.L.C.
do
Brian
Konzen
Lueders,
Robertson
& Konzen
1939 Delmar
Avenue
P.O. Box
735
Granite
City, IL 62040
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
ZHran
Assistant
Attorney
General
This filing
is
submitted
on recycled
paper.
BEFORE
THE ILLINOIS
POLLUTION
CONTROL
BOARD
ECEVED
CLERK
S
OFFICE
PEOPLE
OF THE
STATE
OF
ILLINOIS,
)
SEP
2008
Complainant,
)
STATE
OF
ILLINOIS
Pollution
Control
8oard
vs.
)
PCB No. 07-46
(Enforcement)
D
&
L DISPOSAL,
L.L.C.,
a Delaware
)
corporation,
Respondents.
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)(l) (2006).
In
support
of
this motion, Complainant
states as follows:
1.
The parties have
reached
agreement
on all outstanding
issues
in this matter.
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).
1
WHEREFORE,
Complainant, PEOPLE
OF THE STATE OF ILLINOIS, hereby requests
thétthe 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).
500
South Second
Street
Springfield, Illinois 62706
.217/782-9031
Dated:
September 2, 2008
Respectfully submitted,
PEOPLE
OF THE STATE OF ILLINOIS
LISA
MADIGAN
ATTORNEY GENERAL
MATTHEW
J.
DUNN, Chief
Environmental Enforcement/Asbestos
/L-itl atio
ision_,.
BY:
,J.
K6man
nv ronmental Bureau
,/
Assistant Attorney General
2
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOAR0
CLERK
PEOPLE
OF THE STATE
OF ILLINOIS,
)
EP
04
2008
Complainant,
)
,STArE
°uL..t.jt
)
UOilJ&fl
Controt
0/S
v.
)
PCB
NO. 07-46
)
(Enforcement)
D
&
L
DISPOSAL
L.L.C.,
a
Delaware
)
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
EnvironmentaiProtection
Agency
(“Illinois
EPA”),
and D & L DISPOSAL
L.L.C.,
(“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
etseq.
(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
13, 2006,
a Complaint
was filed on
behalf of the People
of
1
allegedly abandoned
by a third
party adjacent
to the
dumpster.
Complainant
acknowledges
any
alleged
economic benefit
is offset
through the
penalty
and
supplemental
environmental
project
4.
The supplemental
environmental
project
credit along
with assessed penalty
in
the amount
of
eight
thousand
five hundred dollars
($8,500)
is
a reasonable amount
based
on
the violations alleged
in the
Complaint, will
serve
to deter
further violations
of the Act and will
aid
in
enhancing voluntary
compliance
with the
Act.
5.
In the
past
five
years Respondent
D &
L Disposal
has had no other violations.
6.
Self-disclosure
is
not at issue
in this matter.
Tim Curry,
a
former
manager
of
the
Respondent,
reported
the incident
to the Illinois EPA.
7.
The
settlement of this
matter includes
a supplemental
environmental
project
as
set forth in Section
VlIl.B
of
this Stipulation.
V. TERMS
OF SETTLEMENT
A.
Penalty
Payment
1.
The Respondent shall
pay a
civil
penalty in the sum of
Eight Thousand Five
Hundred Dollars
($8,500.00)
within thirty (30) days
from
the date
the Board adopts
and
accepts
this Stipulation.
B.
Stipulated
Penalties,
Interest
and Default
1.
If the
Respondent
fails to complete
any activity
or fails to comply
with any
response
or reporting
requirement
by the date specified
in this Stipulation,
the Respondent
shall
provide
notice
to the Complainant and
the
Illinois
EPA of each failure
to
comply with
this
Stipulation and
shall pay stipulated
penalties in the
amount
of
fifty dollars ($50.00)
per day until
such
time that compliance
is achieved. The
Complainant
may
make a demand
for stipulated
penalties upon the
Respondent for its noncompliance
with this Stipulation.
However, failure
by
8
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.
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
a
Delaware
corporation
that
is
authorized
to
transact
business
in the
State
of
Illinois.
At all
times
relevant
to the
Complaint,
Respondent
owned
and
operated
a
facility
located
at 900
Willard
Street,
Greenville,
Bond
County,
Illinois
(“site”).
4.
Sometime
in
early
July
of
2003, on
a date
better
known
to the
Respondent,
a
glass
vial of
mercury
was
found
by
a D &
L driver
to have
been
discarded
or
abandoned
at
or
in
a D &
L
dumpster
near
Carlyle
Lake.
A D
& L
supervisor
was
alerted
to this
discovery
and
brought
the
mercury
to
the D
& L
office
in
Greenville,
placing
it in the
drawer
of his
desk.
5.
On
July
9, 2004,
the
glass
vial of
mercury
broke
after
being
placed
in a
trash
bag
at the
D
&
L office.
The
mercury
waste
spilled
outside
of the
office
on
a
wooden
deck
and
in
the parking
lot as
the
trash
bag
was
taken
to
a
plastic
garbage
container. D
&
L
notified
the Bond
County
Health
Department
of
the
spill
and
the
County
reported
it
to
the
Illinois
EPA.
Tim
Curry,
one
of the
former
managers
of the
Respondent,
also
reported
the spill
to the
Illinois
EPA.
4.
D &
L Disposal
did
not
knowingly
transport,
store,
handle
or improperly
dispose
of
materials
considered
hazardous.
The hazardous
materials
in the
instant
2
case
consist
of one
vial
of mercury,
with
a
gross
weight
of less
than four
ounces.
B.
Allegations
of
Non-Compliance
Complainant
contends
that
the Respondent
has
violated
the
following
provisions
of the
Act and
Board
regulations:
Count
I:
By
conducting
a hazardous
waste
transportation
operation
without
a
permit
issued
by the Agency
and
in
violation
of the regulations,
the
Respondent
violated
415
ILCS
5/21(g)
(2006),
and by failing
to
make a
required
hazardous
waste
determination
and
failing
to
obtain
an EPA identification
number
prior
to
transporting
waste
mercury,
the
Respondent
has
violated
Section
21(f)(2)
of the
Act, 415
ILCS
5121(f)(2)
(2006),
and
35111. Adm.
Code
722.111,
723.111(a).
Count
II:
By conducting
a hazardous
waste
storage
operation
at a facility
which
does
not
meet
the requirements
of
the Act
and regulations
for
hazardous
waste
storage,
and by
conducting
such a
hazardous
waste
storage
operation
without
a permit
issued
by the
Agency
and
in violation
of
the
regulations
adopted
by the
Board,
the Respondent
has
violated
Section
21(e)
and (f)
of
the
Act,
415 ILCS
5/21(e) and
(f) (2006).
Count
Ill:
By disposing
of
a
hazardous
waste
at
a
facility
that
does not
meet
the
requirements
of the Act
and
regulations,
and
by disposing
of the
hazardous
waste
without
an RCRA
permit, the
Respondent
has violated
Section 21(e)
and(f)
of
the
Act, 415
ILCS 5/21(e)
and
(f)
(2006),
and 35
III. Adm.
Code 728.134.
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
affirmatively
admit the
allegations
of violation
within
the Complaint
and
referenced
within
3
Section l.C
herein,
and this
Stipulation
shall
not
be
interpreted
as including
such
admission.
D.
Compliance
Activities
to Date
Respondent
implemented
preventative
measures
subsequent
to
the
alleged
violations
that are
the
subject
of
the
Complaint
in this
matter.
Specifically,
the
Respondent
conducted
employee
training.
Respondent
has
subsequently
complied
with the Act
and the
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).
No change
in ownership,
corporate
status
or
operator
of the
facility shall
in any
way alter
the
responsibilities
of
the
Respondent
under
this
Stipulation.
In the event
that the
Respondent
proposes
to sell or
transfer any
real
property or
operations
subject
to
this Stipulation,
the
Respondent
shall
notify
the
Complainant
and the
Illinois
EPA thirty
(30)
calendar
days
prior
to
the
conveyance
of title,
ownership
or other
interest,
including
a leasehold
interest
in the facility
4
or a portion
thereof.
For
purposes
of this
section,
penalties will
not accrue if
less
notice
is
provided. The Respondent
shall make
as
a
condition
of any such sale
or transfer,
that the
purchaser
or successor provide
to Respondent
site access and
all
cooperation
necessary for
Respondent to perform
to
completion
any compliance
obligation(s)
required
by
this Stipulation.
The Respondent shall
provide a copy of
this Stipulation
to any such
successor
in interest and
the
Respondent
shall continue
to be bound by and
remain liable
for performance of
all
obligations
under this Stipulation.
In
appropriate
circumstances,
however,
the Respondent and
a proposed
purchaser
or operator
of the facility may
jointly request, and
the
Complainant
and
the
Illinois
EPA, in their discretion,
may consider
modification of this
Stipulation
to
obligate
the
proposed
purchaser
or operator to
carry out future requirements
of
this
Stipulation
in place
of, or
in addition
to, the Respondent.
This provision does
not relieve the Respondent
from
compliance with any
regulatory requirement
regarding notice
and transfer
of
applicable
facility
permits. It shall not
be regarded
as a
change in ownership,
or a
change
in
corporate
status,
should any
publicly traded
corporate
entity
affiliated with the Respondent
be bought,
sold,
or
merged
with
another publicly traded
corporate
entity.
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:
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;
5
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
purpose
of
requiring
that
hazardous
waste
be properly
characterized,
transported,
stored,
and
disposed
is to
protect
the public
from
the
threat
of or
actual land
and
water
pollution.
The
environment
was
potentially
threatened
by Respondent’s
failing
to
so
properly
characterize,
transport,
store, and
dispose
of hazardous
waste.
2.
The
parties
agree
that Respondent’s
waste
hauling
operation
is of
social
and
economic
benefit.
3.
The
parties
agree
that Respondent’s disposal
operation
is located
in a
suitable
area.
4,
It
was
practical
and
economically
reasonable
for
Respondent
to properly
characterize,
transport,
store, and
dispose
of
the
hazardous
waste.
5.
Respondent
implemented
preventative
measures
subsequent
to
the alleged
violations
that
are
the subject
of
the
Complaint
in this
matter.
Specifically,
the
Respondent
conducted
employee
training.
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;
6
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 Complainant alleges that sometime in
early
July
2003, and on a date better
known
to the Respondent, a glass vial of mercury was found by
a
D & L driver near
a
D
& L
dumpster. The
vial
was
placed
in the desk drawer of a D & L employee at the facility. D & L
Disposal did not knowingly transport, store, handle, or improperly dispose of, materials
considered hazardous. The hazardous materials in the instant case consist of one vial of
mercury, with
a gross
weight
of less than four ounces.
2.
Respondent implemented preventative
measures subsequent to the alleged
violations that
are the subject of the Complaint in this matter. Specifically, the Respondent
conducted employee training.
3.
Respondent
states it was not paid to transport or dispose of
the
mercury vial
7
the Complainant
to
make this
demand
shall
not
relieve
the Respondent
of
the
obligation
to pay
stipulated
penalties.
All stipulated
penalties
shall
be
payable
within thirty
(30)
calendar
days
of
the date
the Respondent
knows
or should
have
known
of its noncompliance
with
any
provision
of
this Stipulation.
2.
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.
3.
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:
9
Environmental
Bureau
Illinois Attorney
General’s
Office
500
South Second
Street
Springfield, Illinois
62706
D.
Future
Compliance
1.
In addition to any other
authorities,
the Illinois
EPA,
its employees
and
representatives,
and the
Attorney General,
her
employees
and representatives,
shall have
the
right of entry
into and upon the
Respondent’s
facility
which
is
the subject
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.
3.
The
Respondent shall
cease and desist
from futUre violations
of the Act
and
Board
Regulations
that were the
subject matter of the
Complaint.
E.
Supplemental
Environmental
Project
1.
In order
to
promote the
goals of the Act
to
restore,
protect
and
enhance
the
quality of the
environment,
the Respondent
shall
perform
the following
supplemental
environmental
project
(“SEP”).
The settlement value
of the SEP
is forty-five
thousand five
hundred
dollars ($45,500.00)
and will
offset
penalties
sought by the Complainant
and the
Illinois
EPA
in
this matter.
The parties to this
Stipulation
agree
that this SEP
shall consist
of one
thousand
three
hundred tons (1,300)
of
landfill
capacity,
to be used at any of three
landfills:
Roxana,
Litchfield-Hillsboro,
and/or Bond County
Landfill.
The parties
agree that
this
SEP
10
consists of disposal
capacity that
shall be credited
toward
the 1,300
tons
total SEP capacity.
2.
Respondent
will provide
the
Complainant
with landfill
capacity for the
disposal
of
not more than
1,300 tons
of waste.
The
landfill capacity
as calculated below,
of municipal
solid
and
non-hazardous
special waste
shall be at
the
landfills
noted below
provided
said landfills
are
permitted
to dispose of said
waste (“Landfill
Capacity”).
The landfills
where the landfill
capacity
will
be provided
to Complainant are:
1)
Roxana,
IL; and/or
2)
Litchfield-Hillsboro Landfill,
IL;
and/or
3) Bond County Landfill,
IL.
3.
Respondent represents
that
it has the
financial
and contractual
ability
to legally
commit
the air
space of 1,300 tons
from
the owners
and operators
of the designated
landfills
and that there
is
sufficient
remaining
disposal
capacity
at the designated landfills
to
provide
the
landfill capacity; however,
if prior
to the time Complainant
uses all
the landfill capacity,
Respondent
determines that there
is
not sufficient
disposal
capacity at any of the
designated
landfills
to dispose of the
waste
to be
transported
by
Complainant,
then
the landfill capacity
shall
be utilized
at
the
remaining
designated landfills that
have sufficient disposal
capacity;
4.
The parties
agree
that the
present value of the
landfill capacity
is approximately
$45,500,
based on
a gate rate of
$35.00/ton
of waste
for all landfills listed
in paragraph
a.
5.
Complainant shall
notify Respondent
that it intends
to
utilize
all
or a portion of
the
landfill
capacity at least
3
business
days prior to the date
the landfill capacity will
be needed
and
may request which
of the designated
landfills Complainant
would prefer
to utilize for
disposal
of
the waste.
Respondent
shall take into consideration
Plaintiff’s
preferred
designated
landfill
and
shall
designate which
of
the designated
landfills will
be
utilized
to
provide
the landfill capacity.
6.
Upon
disposal
of the waste, Respondent
shall
prepare a gate receipt
evidencing
the
amount
of waste received,
the
tonnage,
and the date
of receipt.
Copies
of the receipts
shall
be forwarded to
the parties named hereafter
in Subparagraph
j;
II
7.
Complainant shall
use its best efforts
to utilize the landfill capacity within five
years from the date of a Board Order accepting
this Stipulation (“Landfill Capacity
Usage
Period” or “LCUP”);
8.
In the event that Complainant is
unable to utilize the landfiH capacity within the
LCUP, despite its best efforts
to do so, then, at Respondent’s sole option and after receipt of
a
written request from either Complainant, or the Illinois
EPA as described below:
(i).
Respondent may
pay
the remaining amount of the SEP value, as
calculated under Subparagraph i.(i)
below; or
(ii)
Respondent may extend the LCUP
up to two
(2) years,
but
in no
event shall the extension
last longer than
seven
(7)
years from the
date of a Board Order accepting this Stipulation. Either
Complainant or
the
Illinois EPA
shall make a
written
request to
Respondent to extend
the
LCUP no later than
90
days prior
to
the
expiration of
the LCUP. Respondent shall respond to the request
within 30 days of receipt. In the event that Respondent
determines not
to
extend
the
LCUP,
then the remaining amount of
the SEP value,
as
calculated
in
Subparagraph i.(i) below, shall be
due and owing within 120 days of written notice of the
non-extension. Payment shall be made to the EPTF.
Non-payment of the SEP amount outstanding within this period of
time will
be subject to interest, as
provided
below.
Failure
by
either Complainant or the Illinois EPA to request an extension
of
time
within
the 90 days
prior
to
expiration
of
the LCUP shall not
adversely
impact Complainant’s
right
to
utilize
the
landfill capacity
under this SEP or right to payment of any remaining amount of
SEP value that may be due under Subparagraph
9.
The remaining amount of the SEP value,
described
in
Subparagraph 8. above,
shall be calculated
as follows:
(i)
At the end of the five (5) year LCUP, the remaining value of the
SEP shall be the remaining tonnage multiplied by
$35.00/ton
for
all landfills.
(ii)
Any amounts owed Complainant shall be paid
by
certified check
payable to the Illinois Environmental Protection Agency for deposit
in the Environmental Protection Trust Fund and delivered to:
12
Illinois
Environmental Protection Agency
Fiscal Services Division
1021
N. Grand Avenue East
P.O. Box 19276
Springfield,
IL 62702-9276
The name and number
of the case and Respondent’s FEIN
shall appear on
the
face
of
the
certified check.
A copy of the payment transmittal
and check shall be simultaneously
submitted to:
Office of the Attorney General
do Peggy Kingen
Environmental Bureau
500 South Second Street
Springfield, IL 62706
10.
For purposes of the notice provided for above, the parties may
be
notified
by
contact with the following persons or
their
designee:
For
Complainant:
J. Homan
Office of the Attorney General
Environmental Bureau
500 South Second Street
Springfield, IL 62706
Chris Cahnovsky
Illinois EPA
Collinsville Regional
Office
2009
Mall Street
Collinsville, IL 62234
Melanie Jarvis
Illinois EPA
1021 N. Grand Ave. East
P.O.
Box 19276
Springfield, IL 62794-9276
For
Respondent:
Brian
Konzen
Lueders, Robertson & Konzen LLC
1939
DelmarAvenue
13
P.O. Box 735
Granite City, Illinois
62040
11.
Within thirty (30) days of the completion of the SEP, the Respondent shall submit
a
project completion report, including
a
summary of all expenditures,
to the
contact
persons
identified in Section V.G for review and confirmation that the SEP was performed pursuant
to
this Stipulation. The project completion report shall include the following certification by a
responsible
corporate official of the
Respondent:
I certify under penalty of law that this document
was prepared
under my direction
or supervision in accordance with a system designed to assure that qualified
personnel properly gather and evaluate the information submitted based on my
inquiry of
those persons directly responsible for gathering the information, and
that the information submitted in or accompanying this notification of final
compliance is
to
the
best of my
knowledge true, accurate and complete. I am
aware that there are significant penalties for submitting false information,
including
the possibility of fine
and
or imprisonment for knowing violations.
In the
event that the SEP cannot be completed
within
the
time frames
stated
in section V(E)(8),
the Respondent
shall
pay
the remaining amount of the
SEP value,
as
calculated in
accordance
with
section V(E)(9), above, no later than that date by which the
SEP
should
have
been
completed.
12.
By
signature on this Stipulation, the Respondent
certifies that,
as
of
the date of
entry of
this Order, it is not required to
perform or develop the foregoing SEP by any federal,
state or
local law or regulation, nor is it
required to perform or develop the SEP by
agreement
or
injunctive relief in
any other case. The Respondent
further certifies
that it
has not received,
and
is
not presently
negotiating to receive credit for, the
SEP
in any
other enforcement action.
13.
Any
public statement, oral or
written, in print, film
or
other media, made
by the
Respondent
making reference to any SEP
shall include the following language: “This project
was undertaken in
connection with the settlement of an enforcement action taken by the Illinois
Attorney
General and the
Illinois
EPA for alleged
violations
of the Illinois
Environmental
14
Protection
Act and regulations
promulgated
thereunder.”
F.
Release from Liability
In consideration
of the
Respondent’s
payment of the
$8,500.00
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 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 December 13, 2006. 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
15
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.
G.
Correspondence, Reports
and
Other
Documents
Any and all correspondence, reports and
any other documents required under
this Stipulation, except for
penalty
payments, shall
be submitted as follows:
As
to
the Complainant
J. L. Homan
Assistant
Attorney General
Environmental
Bureau
500 South Second
Street
Springfield,
I!Iinois 62702
As to the Illinois EPA
Melanie
Jarvis
Assistant
Counsel
Illinois EPA
1021 North Grand
Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
Chris Cahnovski
Illinois EPA
1021 North Grand
Avenue
East
P.O.
Box 19276
Springfield, Illinois 62794-9276
As to the Respondent
Brian
Konzen
Lueders Roberts and Konzen, LLC
1939 Delmar Avenue
P.O. Box
735
Granite City, IL 62040
16
H.
Enforcement and Modification
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.
2.
The parties
to this Stipulation may, by mutual written consent, agree
to
extend any compliance dates or modify the terms of this Stipulation. A request for
any
modification shall be made in writing
and
submitted
to
the contact persons identified
in
Section Vlll.G.
Any
such request shall
be made by
separate document, and shall not
be submitted
within any other report or submittal required by this Stipulation. Any such
agreed
modification
shall
be in writing,
signed
by
authorized representatives of
each
party to this
Stipulation.
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.
17
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
MAD IGAN
Attorney
General
State of Illinois
MATTHEW
J. DUNN,
Chief
Environmental
Enforcement!
Asbestos
Litigation
Division
BY:
DATE:
THOMAS
DAVIS,
Chief
Environmental
Bureau
Assistant
Attorney
General
FOR
THE ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
DOUGLAS
P. SCOTT,
Director
Illinois Environmental
Protection
Agency
BY:
4
DATE:
ROBERT A.
MESSI1A
Chief
Legal Counsel
D & L DISPOSAL,
L.L.C.
BY:
DATE:
Name:
Title:
dZJ,
18
