0E
    SEP
    19
    2008
    PoIi
    LINOjs
    01
    Board
    OFFICE OF
    THE
    ATTORNEY
    GENERAL
    STATE
    OF
    ILLINOIS
    Lisa
    Madigan
    A’ITORNEY
    GENERAL
    September
    16,
    2008
    John
    T.
    Therriault,
    Assistant
    Clerk
    Illinois
    Pollution
    Control
    Board
    James
    R.
    Thompson
    Center,
    Ste.
    11-500
    100
    West
    Randolph
    Chicago,
    Illinois
    60601
    Re:
    People
    v.
    Carlyle
    North
    Water
    Company,
    Inc.
    PCB
    No.
    07-148
    Dear
    Clerk
    Gunn:
    Enclosed
    for
    filing
    please
    find
    the
    original
    and
    ten
    copies
    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,
    self-addressed
    envelope.
    Thank
    you
    for
    your
    cooperation
    and
    consideration.
    Very
    truly
    yours,
    Environmental
    Bureau
    500
    South
    Second
    Street
    Springfield,
    Illinois
    62706
    (217)
    782-9031
    J LH/pj
    k
    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
    inni
    n’-
    T1J;.,-;..
    ,c’,oni
    • (CiQ
    rio
    enn
    • ‘TPv.
    /o-7n
    (22fl
    t’...

    BEFORE
    THE ILLINOIS
    POLLUTION
    CONTROL BOARD
    PEOPLE OF THE STATE OF
    ILLINOIS,
    )
    Complainant,
    )
    vs.
    )
    PCB No. 07-148
    )
    (Enforcement)
    CARLYLE
    NORTH WATER COMPANY,
    )
    INC, an Illinois corporation,
    Respondents.
    NOTICE OF FILING
    To:
    Carlyle
    North
    Water Company, Inc.
    SEP
    192008
    do Richard A. Kuiken, R.A.
    541
    9th
    Street
    STP.TE
    OF
    ILLINBOISd
    Carlyle, IL 62231 -1 824
    Pollution
    Contro
    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
    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
    Assistant
    Attorney General
    Environmental
    Bureau
    500
    SouthSecond
    Street
    Springfield,
    Illinois 62706
    217/782-9031
    Dated: September 16,
    2008

    CERTIFICATE
    OF
    SERVICE
    I hereby certify
    that I did
    on September 16,
    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:
    Carlyle North Water
    Company,
    Inc.
    do Richard
    A.
    Kuiken,
    R.A.
    541
    9
    th
    Street
    Carlyle, IL 62231-1824
    and
    the
    original
    and
    ten
    copies
    by First Class
    Mail with postage
    thereon fully
    prepaid
    of
    the
    same foregoing instrument(s):
    To:
    John
    T. Therriault, 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
    H
    AAN
    —‘Assistant Attorney
    General
    This
    filing is submitted
    on recycled
    paper.

    BEFORE
    THE ILLINOIS POLLUTION
    CONTROL BOARD
    PEOPLE OF THE STATE OF ILLINOIS,
    )
    Complainant,
    vs.
    )
    PCB
    No. 07-148
    )
    (Enforcement)
    EOEVED
    CARLYLE NORTH WATER
    COMPANY,
    )
    CLERP&’S
    OFFICE
    INC.,
    an
    Illinois corporation,
    SEP 192008
    Respondents.
    )
    STATE
    OF
    ILLINOIS
    Pollution
    Control Board
    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:
    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 5131(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 5/31(c)(1)
    (2006).
    Respectfully
    submitted,
    PEOPLE OF
    THE STATE
    OF
    ILLINOIS
    LISA
    MADIGAN
    ATTORNEY GENERAL
    MATTHEW
    J.
    DUNN,
    Chief
    Environmental
    Enforcement/Asbestos
    Li•
    a•
    n
    BY:
    7J.(-i
    1/
    AN
    /
    LEnvironmental
    Bureau
    Assistant
    Attorney General
    500
    South
    Second Street
    Springfield,
    Illinois 62706
    217/782-9031
    Dated:
    September 16,
    2008
    2

    BEFORE
    THE
    ILLINOIS
    POLLUTION
    CONTROL
    BOARD
    PEOPLE
    OF
    THE
    STATE
    OF
    ILLINOIS,
    )
    )
    Complainant,
    )
    )
    )
    CARLYLE
    NORTH
    WATER
    COMPANY,
    )
    INC.,
    an
    Illinois
    not-for-profit
    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
    CARLYLE
    NORTH
    WATER
    COMPANY,
    INC.,
    an
    Illinois
    not-for-profit
    corporation,
    (“Respondent”),
    have
    agreed
    to
    the
    malcing
    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.
    V.
    ECEVED
    PCB
    NO.
    07148
    CLERI(’S
    OFFICE
    )
    (Enforcement)
    SEP
    9
    2008
    SThTE
    OF
    ILUNOIS
    Pollution
    ContrOl
    Board
    1

    I.
    STATEMENT
    OF
    FACTS
    A.
    Parties
    to
    the
    Stipulation
    1.
    On June 28, 2007,
    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
    1LCS 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
    an
    Illinois not-for-
    profit corporation that
    is authorized
    to transact business
    in the State of
    Illinois. At
    all times
    relevant to the Complaint,
    Respondent
    was
    a water
    district located near
    the City
    of
    Carlyle
    and
    the
    Village
    of Keyesport,
    Clinton
    County,
    Illinois
    (“Site”).
    4.
    The Respondent
    supplies
    water
    to
    rural users near the
    City of Carlyle
    and the
    Village of Keyesport.
    The Respondent
    receives
    its water
    from
    the City of Carlyle
    public water
    supply.
    5.
    On or
    before
    August
    16,
    2004,
    a
    water main extension
    was
    improperly
    connected
    to the Respondent’s water
    system.
    6.
    From a
    review
    of
    Illinois
    EPA records,
    it appears that
    Respondent’s
    certified
    operator,
    Travis Sanders,
    did
    not have
    a valid Class
    C drinking water
    certificate
    from
    July
    1,
    2004, until
    March
    22,
    2005,
    but Mr.
    Sanders continued
    to serve
    as Respondent’s
    water operator
    during that time.
    7.
    From a review
    of Illinois
    EPA records, it appears
    that Respondent
    failed
    to
    2

    submit,
    or submitted
    in an
    untimely
    fashion, numerous
    required
    reports
    such
    as coliform
    samples
    (April 2004),
    monthly
    operating
    reports
    (October
    2004 to
    approximately
    June
    2007),
    monthly
    chlorination
    operating
    records
    (October
    2004 to
    approximately
    June
    2007),
    and
    monthly
    fluoride
    operating
    records
    (October
    2004
    to
    approximately
    June 2007).
    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
    I:
    Violation
    of Section
    15 and
    18 of the
    Act, 415
    ILCS 5/15,
    18 (2006),
    and
    35 Iii. Adm.
    Code
    602.101, 652.101.
    Count
    II:
    Violation
    of Section
    1 of the
    Act, 415
    ILCS 5/45.1
    (2006),
    and
    35
    Iii. Adm. Code
    603.102.
    Count
    III:
    Violation
    of
    Sections
    18
    and
    19 of the Act,
    415 TLCS
    5/18,
    19, and 35
    Ill. Adm.
    Code 611.521,
    611.831,
    653.605,
    653.704
    (2006).
    C.
    Admission
    of
    Violations
    The Respondent
    neither
    admits
    nor
    denies
    the
    violations
    alleged in
    the Complaint
    filed
    in
    this
    matter
    and
    referenced
    herein.
    D.
    Compliance
    Activities
    to
    Date
    Respondent
    has a
    correctly certified
    water
    operator.
    Respondent
    has
    also submitted
    the
    missing
    and/or
    untimely
    records/reports.
    Respondent
    has instituted
    a new
    policy regarding
    submittal
    of monthly
    operating
    reports
    designed to
    address previous
    late
    filing problems.
    3

    Respondent
    has
    submitted
    “as
    built”
    plans
    for
    the
    water
    main
    extension,
    and
    submitted
    the
    required
    test
    results.
    Those
    “as
    built”
    plans
    have
    been
    deemed
    acceptable
    by
    the
    Illinois
    EPA.
    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
    maybe
    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
    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

    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
    and
    the
    environment
    were
    threatened
    and
    the
    Illinois
    EPA’s
    infonnation
    gathering
    responsibilities
    hindered
    by
    the
    Respondent’s
    violations.
    2.
    There
    is
    social
    and
    economic
    benefit
    to
    the facility.
    3.
    Operation
    of
    the
    facility
    was suitable
    for
    the area in
    which
    it
    occurred.
    4.
    Obtaining
    a
    permit
    prior
    to
    construction
    at
    the site
    and compliance
    with
    its
    terms
    is
    both
    technically
    practicable
    and
    economically
    reasonable.
    Having
    a
    properly
    certified
    operator
    at
    al
    times
    was technically
    practicable
    and
    economically
    reasonable.
    Also,
    filing
    the
    records/reports
    in
    a
    timely
    fashion
    was
    both
    technically
    practicable
    and
    economically
    reasonable.
    5.
    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
    failed
    to
    obtain
    a
    permit
    for
    operation
    of
    the
    extension
    of
    the
    water
    line
    prior to
    connection.
    The
    Respondent
    failed
    to
    have
    a
    properly
    certified
    operator
    at
    all
    times.
    The
    Respondent
    failed
    to
    file
    all
    required
    reports/records
    in
    a
    timely
    manner.
    The
    violations
    began
    on
    or
    around
    October,
    2004 (records/reports),
    on
    or
    around
    August
    2004
    (water
    line extension),
    and
    on
    or
    about
    July
    1,
    2004
    (failure
    to
    have a
    properly
    certified
    operator),
    and
    were
    individually
    resolved
    at
    various
    time
    sin
    the
    following
    few
    years.
    2.
    Respondent
    was
    diligent
    in
    attempting
    to
    come
    back
    into
    compliance
    with
    the
    Act,
    Board
    regulations
    and
    applicable
    federal
    regulations,
    once
    the
    Illinois
    EPA
    notified
    it
    of
    its
    noncompliance.
    3.
    The Respondent
    received
    some
    economic
    benefit
    from
    noncompliance;
    however,
    6

    any
    benefit
    realized
    from
    noncompliance
    has
    been more
    than
    offset
    by
    the
    costs
    of
    returning
    to
    compliance.
    4.
    Complainant
    and
    the
    Illinois
    EPA
    have
    determined,
    based
    upon
    the
    specific
    facts
    of
    this
    matter,
    that
    a
    penalty
    of
    Three
    Thousand
    Seven
    Hundred
    Thirteen
    Dollars
    ($3,713.00)
    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
    Three
    Thousand
    Seven
    Hundred
    Thirteen
    Dollars
    ($3,713.00)
    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
    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
    7

    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 certified 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
    P.
    Future
    Compliance
    8

    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
    $3,713.00
    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 June
    28,
    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;
    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
    9

    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
    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.
    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.
    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,
    LISA
    MADIGAN
    Attorney
    General
    State
    of
    Illinois
    MATTHEW
    J.
    DUNN,
    Chief
    Environmental
    Enfor
    ement/
    Asbestos
    Litigation
    I
    ivision
    BY:
    THOMAS D.
    VIS,
    Chief
    Environment
    Bureau
    Assistant
    Att
    ey
    General
    DATE:
    ‘/i:
    /o—
    CARLYLE NORTH
    VATER
    COMPANY,
    I NC.,
    Illinois
    not-for-profit
    corpor
    on,
    FOR
    THE
    ILLINOIS ENVIRONMENTAL
    PROTECTION
    AGENCY
    DOUGLAS
    P. SCOTT,
    Director
    Illinois
    Enviromnental
    Protection
    Agency
    BY:
    R
    BERTA.MESSIN
    Chief
    Legal
    Counsel
    DATE:
    q/ti/
    DATE:
    BY:c.
    )
    T
    Jeç
    1
    .
    11

    Back to top