ECEVED
CLERK’S
OFFICE
DEC
092008
OFFICE
OF
THE
ATTORNEY
GENERAL
STATE
OF
ILLINOIS
STATE
OF
ILLINOIS
Pollution
Control
Board
Lisa
Madigan
ATIORNEY
GENERAL
December
5,
2008
John
T.
Therriault,
Assistant
Clerk
Assistant
Clerk
of the
Board
Illinois Pollution
Control
Board
James
R. Thompson
Center,
Ste. 11-500
100
West Randolph
Chicago,
Illinois
60601
Re:
People
v.
City of Coffeen
PCB
No. 08-1
02
Dear Clerk:
Enclosed
for
filing
please
find
the
original
and
one copy 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
envelope.
Thank
you for
your
cooperation
and
consideration.
us,
nvir
nmental
Bureau
500 outh
Second
Street
Springfield,
Illinois 62706
(217)
782-9031
J L
H/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
1001
a-
Ck,h-
TJl;.- 00I
• (l0
tb .AflA
‘T’T’V. fQ7b
C7C 0210 •
P_..
/LIQ\
70 A1
BEFORE
THE ILLINOIS
POLLUTION
CONTROL
BOARD
PEOPLE
OF THE
STATE
OF
)
ILLINOIS,
Complainant,
vs.
)
PCB
No. 08-1 02
)
(Enforcement)
CITY OF
COFFEEN,
)
an
Illinois
municipal
corporation,
)
Respondent.
NOTICE
OF FILING
To:
John
E.
Evans
Attorney
at
Law
2O3S
McPhail
&
Evans,
P.C.
U
106 E. Wood
Street
pç.OF
U4ard
Hillsboro,
IL
62049
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
MATTHEWJ.
DUNN,
Chief
Environmental
forcement/Asbestos
Li
L/
LI Hóman
Assistant
Attorney
General
Environmental
Bureau
500
South Second
Street
Springfield,
Illinois
62706
217/782-9031
Dated:
December
5,
2008
1
CERTIFICATE
OF SERVICE
I hereby certify
that I did on August 19,
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
REQL!iREMENTand
STIPULATION
AND PROPOSAL FOR SETTLEMENT:
To:
John E.
Evans
Attorney at LaW
McPhail
&
Eyans,
P.. C.
106E
Wood
Street
Hillsboro,
IL
62049
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
7
2
°M
(_—Asistant
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. 08-1
02
)
(Enforcement)
CITY OF COFFEEN,
)
an
Illinois municipal corporation,
)
Respondents.
)
DEC
9
0
1
It4OIS
Board
MOTION FOR RELIEF FROM HEARING RMfl’
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.
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) oftheAct,
415 ILCS 5131(c)(l)
(2006).
Respectfully
submitted,
PEOPLE
OF
THE STATE OF
ILLINOIS
LISA MADIGAN
ATTORNEY
GENERAL
MATTHEWJ. DUNN,
Chief
Environmental
Enforcement/Asbestos
ivisio&
BY
/
/‘t
J.
L: HOMAN
Erfvironmental Bureau
Assistant Attorney
General
500 South
Second
Street
Springfield,
Illinois
62706
217/782-9031
Dated: December
5, 2008
2
BEFORE
THE
ILLINOIS POLLUTION
CONTROL
BOARD
PEOPLE
OF
THE STATE
OF ILLINOIS,
)
)
Complainant,
)
)
v.
)
PCB
NO. 2008-102
(Enforcmeifl%I.O
CITY
OF
COFFEEN,
an Illinois
)
municipal
corporation,
)
Respondent.
)
po”u’.’on
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 CITY OF
COFFEEN, an Illinois
municipal corporation,
(“Respondent”),
have
agreed
to the
making of this
Stipulation
and
Proposal
for
Settlement (“Stipulation”)
and
submit it to the
Illinois
Pollution Control
Board (“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
Enviromnental
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 June
27, 2008,
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
1
Illinois EPA,
pursuant to Section
31 of
the Act,
415 1LCS
5/31
(2006), against
the
Respondent.
The
Complaint was subsequently.amended
to include
Count
III.
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
municipal
corporation
that
is authorized
to transact
business in
the
State of Illinois. At
all times relevant
to the
Complaint,
Respondent has
maintained
its own
waste water
treatment
plant
(“WWTP”)
serving
approximately
706
residents
in
the City of Coffeen,
Montgomery
County, Illinois
(“site”).
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:
ViolatiOns
of Section
12(a)(f),
415 ILCS 5/12(a)(f)(2006),
35 Ill.
Adm. Code
305.102(b) of the Board’s
Water
Pollution
Regulations,
and
the City’s
NPDES
permit;
Count
II:
Violations of Section
12(f),
415
ILCS 5/12(f)(2006),
35
III.
Adm.
Code
305.102(b);
Count III:
Violations
of Section 18 and
19 of the Act, 415 ILCS
5/18, 19
(2006),
and
Section 611.831
and
653.605
of the Board’s
Public Water
Supplies
Regulations,
35 Il.Adm.Code
611.831,
653.605
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
Section
III.C herein,
and this Stipulation
shall not
be
interpreted
as including
such
admission.
2
D.
Compliance Activities
to Date
In response
to
the notification
of violations
by the Illinois Attorney
General’s
Office
and
the
Illinois
Environmental
Protection
Agency,
the Respondent
has
engaged
a new
operator
and
has attempted
to
locate and submit
missing reports.
Some older
reports have
been
provided
to
the Agency.
The
Respondent
is attempting
to
provide
both the outstanding
discharge
monitoring
reports
and monthly
operating reports in
a more timely
manner, including
filing
future
reports
electronically.
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).
The Respondent
shall
notify each contractor
to be retained
to perform
work
required
in
this Stipulation
of
each of
the
requirements of
this Stipulation
relevant
to the
activities to
be
performed
by that contractor,
including
all
relevant
work
schedules
and reporting
deadlines,
and
shall provide
a copy
of
this
Stipulation
to
each
contractor
already retained
no later
than
thirty
(30) calendar
days after
the
date
of entry
of
this Stipulation.
In addition,
the
Respondent
shall
3
provide
copies
of all schedules
for
implementation
of the
provisions
of this Stipulation
to
the
prime vendor(s)
supplying
the
control technology
systems
and other
equipment
required
by
this
Stipulation.
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
or
a
portion
thereof.
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.
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:
4
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 and the environment
were
threatened
and the Illinois EPA’s
information 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.
Providing
the
records
as required by the NPDES
permit and taking
any and all
necessary
samples in
a
timely manner 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,
5
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:
The
Respondent
failed to
provide
the
records
and take
the
necessary
samples
as required
by the
terms of
the
NPDES
permit,
the
regulations
and
the Act. The
violations
began
on or
around April
15,
2003, and
many
were
individually
resolved
at various
times
in the
following
years.
2.
Respondent
was
diligent
in attempting
to
come
back into
compliance
with the
Act, Board
regulations
and
applicable
federal
regulations,
once
the
Illinois
Attorney
General’s
Office
and
Illinois
EPA
notified it
of
its noncompliance.
6
3.
Respondent
realized an economic
benefit by failing
to file the records
on time and
failing
to
run the necessary
tests in a
timely
fashion.
4.
Complainant
and
the Illinois EPA have
determined,
based
upon the specific
facts of this
matter,
that a penalty of one
thousand
eight
hundred ninety dollars
and no
cents
($1,890.00)
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
one thousand
eight hundred
ninety
dollars
($1,890.00) 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
twenty-five ($25) 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
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
7
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.Ietter
shall be sent to:
Environmental Bureau
Illinois Attorney General’s
Office
500 South Second Street
Springfield, Illinois 62706
8
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.
Release from Liability
In consideration of the
Respondent’s
payment
of the ohe
thousand
eight hundred
ninety
dollar ($1,890.00)
penalty,
and
upon the Board’s approval
of this Stipulation,
the Complainant
releases,
waives and discharges
the Respondent
from any further
liability or
penalties for the
violations of the Act
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 27,
2008.
The
Complainant
reserves, and
this
Stipulation
is without prejudice
to, all
rights
of the State of Illinois
against
the
Respondent
with
respect to all other
matters,
including
but not limited
to,
the following:
a.
criminal
liability;
b.
liability for future
violation
of
state, federal, local,
and
common
laws
and/or
9
regulations;
c.
liability for natural
resources
damage
arising out
of the alleged violations;
and
d.
liability or
claims
based on the
Respondent’s
failure
to satisfy the
requirements
of
this
Stipulation.
Nothing
in this
Stipulation
is intended as a
waiver,
discharge,
release,
or covenant not
to
sue for
any claim or cause
of
action,
administrative or
judicial, civil or
criminal, past
or future,
in
law or in equity,
which the
State of Illinois or the
Illinois
EPA
may have against any
person,
as
defined by Section
3.315
of the
Act, 415 ILCS 5/3.315,
or entity other
than the
Respondent.
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,
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:
((A
V4
J
Til
THOMAS
DAVIS, Chief
ROBERt A. MES1NA
Environmental
Bureau
Chief
Legal Counsel
Assistant
Attorney
General
DATE:
DATE:
CITY
OF COFFEEN
BY:
k4’S’ 94-’-
DATE:
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c
Name:
pt,—
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(L)L
flAJ
Title:
Yi2
11
RESOLUTION
NO.
2008-
t)
2
RESOLUTION
TO
ENTER
INTO
STIPULATION AND
PROPOSAL
FOR
SETTLEMENT
WITH
IEPA
WHEREAS,
the
City
Council
of
the
City
of
Coffeen,
Montgomery
County,
Illinois
(the
“City
Council”),
has
the
responsibility
to
manage
and
operate
the
affairs
of
said
City;
and
WHEREAS, the City
of Coffeen
maintains
its own
wastewater
and
water
treatment
facilities,
and
WHEREAS,
the
City
of
Coffeen
has
been
designated
Respondent
in
a
Complaint
and
First
Amended
Complaint
filed
by
the
Attorney
General
of
the
State
of Illinois
on
behalf
of
the
People
of
the
State
of Illinois
and
the
Illinois
Environmental
Protection
Agency
citing
certain
violations
in
the operation
of
said
facilities;
and
WHEREAS,
the
City Council
has
investigated
the
allegations
of said
Complaint
and First
Amended Complaint
fmding
the allegations
to
have
merit;
and
WHEREAS,
the
Attorney
General
has
tendered
a
proposed
Stipulation
and
Proposal
for
Settlement
setting
forth
certain
conditions
and
requirements
to be
followed
by
the
City
as
well
as
the
payment
of
a
penalty
of$l,890.OO
as a
prerequisite
to the
release
of
the
City
from
any
further
liability
or
penalties
for
the
alleged
violations
that
were
the
subject
matter
of
the
Complaint;
and
WHEREAS, the City
Council
hereby
fmds
and
determines
that
the best
interests
of
the
City
require
the
acceptance
of the
conditions and payment ofthe
penalty
set
forth
in the
proposed
Stipulation
and
Proposal
for
Settlement
attached
hereto
and made
a part
hereof;
NOW THEREFORE
BE IT
RESOLVED
by
the City
Council
of the
City
of
Coffeen
as follows:
Section 1: The
Mayor is herewith
authorized and
directed
to
sign
the
proposed
Stipulation
and
Proposal for Settlement
on behalf
of the City binding
the
City
thereto.
Section
2: The City Clerk
is
authorized
to obtain
a certified
check
or
money
order in
the amount set
forth
in said
Stipulation
and
Proposal for
Settlement
and
to
remit
to the
proper recipient
agency as designated
in said Stipulation
and
Proposal.
Section 3: That this
Resolution
shall
be in full,
force and
effect
forthwith
upon
its adoption.
Passed
and
adopted
by the
City
Council
of the City of Coffeen,
State
of Illinois
on
the
20th
day
of
October 2008,
by the
following
roll
call vote.
Ayes:_________
Nays:
0
Absent:
0
Introduced:
October
20, 2008
Passed: October
20,
2008
‘Approved: October
20,
2008
•
Mayor
ATTEST:
,
City
dierk
•
