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