CLERKS
OFFICE
APR
032009
OFFICE
OF
THE
ATTORNEY
GENERAL
STATE
OF
IWNOS
STATE
OF
ILLINOIS
pollution
Controj
8oa,
Lisa
Madigan
.V1’lC)RNEY
G:ERAi.
April
1,
2009
John
T.
TherriaLt,
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.
Summer Ridge,
L.L.C,
eta!.
PCB
No.
Dear
Clerk:
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
Summer
Ridge
and
Stipulation
and
Proposal
for
Settlement
Stark
Excavating
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.
RJ
C/pj
k
Enclosures
Vi
lond
J Callery
Environmental
Bureau
500
South
Second
Street
Springfield,
Illinois
62706
(217)
782-9031
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
T’I’Y:
(800)
964-3013
Fax:
(312)
814-3806
BEFORE THE ILLINOIS POLLUTION CONTROL
BOARD
PEOLE
OF THE STATE OF ILLJNOIS,
Complainant,
SUMMER
RIDGE, L.L.C.,
an Illinois
limited
liability company, and STARK
EXCAVATING, INC., an Illinois
corporation,
Respondent.
To:
Summer Ridge,
L.L.C.
an
Illinois limited liability corporation
do William
A. Johnston, R.A.
9
Heartland
Drive, Unit
C
Bloomington, IL 61704
Stark Excavating, Inc.
an Illinois
corporation
do David K. Stark,
R.A.
1805 W. Washington
Bloomington, IL
61701
PLEASE
TAKE NOTICE that on
this date I mailed for filing with he
Clerk of the Pollution
Control Board of
the State of Illinois, a COMPLAINT, MOTION FOR
RELIEF FROM HEARING
REQUIREMENT
and STIPULATION AND PROPOSAL FOR
SETTLEMENT SUMMER RIDGE and
STIPULATION AND
PROPOSAL FOR SETTLEMENT STARK
EXCAVATING, 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
500
South Second
Street
Springfield, Illinois
62706
217/782-9031
Dated:
April 1, 2009
MATTHEWJ. DUNN,
Chief
Litig
BY
PCBNo.
(Enforcement)
CLERK’S
OFFICE
APR
03
2009
STATE
OF
ILLINOj
oIIution
Control
Board
NOTICE OF FILING
Environ
RAYMOND J.
CALLERY
Assistant Attorney
General
Environmental Bureau
LEFIK
S
OFFICE
APR
032009
CERTFlCATE
OF
SERVICE
0
OF
ILLINOIS
UtjOfl
Control
Board
hereby certify
that
did
on
April
1,
2009,
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,
COMPLAINT,
MOTION
FOR
RELIEF
FROM HEARING
REQUIREMENT
and
STIPULATION
AND
PROPOSAL
FOR
SETTLEMENT
SUMMER
RIDGE
and
STIPULATION
AND
PROPOSAL
FOR
SETTLEMENT
STARK
EXCAVATING
To:
Summer
Ridge,
LL.C.
an
Illinois
limited
liability
corporation
do
William
A.
Johnston,
R.A.
9
Heartland
Drive,
Unit
C
Bloomington,
IL
61704
Stark
Excavating,
Inc.
an
Illinois corporation
do
David
K.
Stark,
RA.
1805
W.
Washington
Bloomington,
IL
61701
and
the
original
and
ten
copies
by
First
Class
Mail
with
postage
thereon
fully
prepaid
of
the
same
foregoing
instrument(s):
To:
Dorothy Gunn,
Clerk
Illinois Pollution
Control
Board
James
R.
Thompson
Center
Suite
11-500
100
West
Randolph
Chicago,
Illinois
60601
RAYMOND
J.
CALLERY
Assistant
Attorney
General
This
filing
is
submitted
on
recycled
paper.
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
PEOPLE
OF
THE
STATE
OF
ILLINOIS,
)
Complainant,
v.
)
PCBNo.
(Enforcement)
SUMMER
RIDGE,
L.L.C,
an
Illinois
)
Iimted
ilability
company,
and
STARK
)
EXCAVATING,
INC.,
an
Illinois
)
FFICE
corporation,
)
APR
Ii
32009
Respondents.
STAt
OF
IWNOIS
PoIIuton
Control
BoarcJ
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 5/31(c)(2)
(2006).
1
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
MATTHEWJ.
DUNN,
Chief
Environmental
Enforcement/Asbestos
BY:
RAYMOND
J. CALLERY
Environmental
Bureau
Assistant
Attorney
General
500
South
Second
Street
Springfield,
Illinois
62706
217/782-9031
Dated:
April
1,
2009
2
BEFORE
THE ILLINOIS
POLLUTION CONTROL
BOARD
PEOPLE OF THE
STATE OF
ILUNOIS,
)
Complainant,
PCBN
0
q-
3
)
(Water - Enforcement)
SUMMER RIDGE,
L.LC, an Illinois
limited
)
HabNity company and
STARK
)
EXCAVATING, INC.,
an
illinois corporation,
)
cti<’s
OFFICE
Respondents.
)
APR
03
2009
COMPLAINT
STATE
OF
ILUNOIS
Pollution
Control
Board
The PEOPLE
OF THE STATE
OF
ILLINOIS,
ex rel. LISA
MADIGAN,
Attorney
General
of the State
of Illinois,
complains
of the Respondents,
SUMMER
RIDGE, L.L.C.,
an
Illinois
limited
liability company,
and STARK
EXCAVATING,
INC.,
an Illinois
corporation, as follows:
COUNT I
WATER
POLLUTION
1.
This
Complaint is brought
by the
Attorney
Genera! on her
own motion
and
at the
request of the
Illinois
Environmental
Protection
Agency
(“Illinois
EPA”),
pursuant
to the
terms
and
provisions of
Section
31 of
the
Illinois
Environmental
Protection
Act (“the
Act”),
415
ILCS
5/31
(2006).
2.
The
Illinois EPA is an agency
of
the
State of
Illinois
created by the
Illinois
General Assembly
in
Section
4 of the Act,
415 ILCS 5/4 (2006),
and
charged,
inter a/ia,
with
the
duty
of
enforcing
the Act in proceedings
before
the
Illinois
Pollution
Control Board
(“Board”).
3.
This Complaint
is brought
pursuant to Section
31
of the
Act, 415
LOS 5/31
(2006),
after providing
the Respondents
with notice
and
the
opportunity for
a
meeting
with
the
Illinois EPA.
4.
The
Respondent, Summer
Ridge,
L.L.C. (“Summer
Ridge”), is an
Illinois
limited
liability
company
whose registered
agent is
William A. Johnston,
9 Heartland
Drive, Unit C,
1
Bloomington,
Hlinois,
61704.
Summer
Ridge owns and is developing
a residential
housing
area
known
as Summer
Ridge
Subdivision
(the
“site”)
located
at
Alta
Road
(Route
174)
and Radnor
Road, in
Peoria,
Peoria
County, Illinois.
5.
The
Respondent,
Stark
Excavating,
Inc. (Stark
Excavating”),
is an Illinois
corporation
whose registered
agent
is David
K.
Stark, 1805 W. Washington,
Bloomington,
Illinois,
61701.
Stark
Excavating
is the construction
contractor
for
the Summer Ridge
Subdivision
project.
6.
The site totals
22.2
acres.
The current
development is to
include
57
lots.
A
second phase
of development
is to increase
the project size
to 47 acres and
115
lots.
7.
Storm water
from the site discharges
into
an
unnamed stream
at the
site
and
into Kickapoo Creek.
8.
Section
3.165 of the Act, 415
ILCS 5/3.165
(2006), provides the
following
definition:
“Contaminant”
is any solid,
liquid,
or
gaseous matter,
any odor, or any
form of energy,
from whatever source.
9.
Section 3.545 of the
Act, 415 ILCS 5/3.545
(2006), provides
the following
definition:
“Water
pollution” is
such alteration of
the physical, thermal,
chemical,
biological or
radioactive properties
of any waters of
the
State,
or such
discharge
of any contaminant
into any waters
of the State, as will
or is
likely
to create
a
nuisance or
render
such
waters
harmful or
detrimental
or injurious to
public health, safety
or welfare, or
to
domestic,
commercial,
industrial, agricultural,
recreational,
or other legitimate
uses,
or to
livestock, wild animals,
birds,
fish,
or other aquatic life.
10.
The
unnamed steam
at the
site
and
Kickapoo
Creek constitute
“waters”
of the
State
as that
term is defined in
Section 3.550
of the Act, 415 ILCS
5/3.550 (2006),
as follows:
2
“Waters”
means
all
accumulations
of water,
surface
and underground,
natural,
and artificial,
public
and private,
or parts
thereof,
which
are
wholly
or partially
within, flow
through, or
border
upon
this
State.
11.
Sections
12(a),
12(d),
and 12(f) of
the Act, 415
ILCS
5/12(a),
(d),
and (f)
(2006),
provide:
No person
shaH:
a.
Cause or
threaten or
allow
the discharge
of any
contaminants
into
the environment
in any
State so
as to cause
or tend
to
cause
water
pollution in
Illinois,
either alone
or in
combination
with
matter
from
other sources,
or
so as to
violate regulations
or
standards
adopted
by
the Pollution
Control
Board under
this Act;
***
d.
Deposit
any contaminants
upon
the land
in
such
place
and
manner
so as
to
create
a water
pollution
hazard.
* *
*
f.
Cause,
threaten
or allow
the discharge
of
any contaminants
into
the
waters
of the
State,
as defined
herein, including
but
not
limited
to, water
to
any
sewage works,
or into
any well
or from any
point
source
within
the
State, without
an
NPDES
permit
for
point source
discharges
issued
by
the Agency
under Section
39(b)
of this Act,
or
in
violation
of
any
term
or condition
imposed
by such
permit, or
in violation
of any
NPDES
permit filing
requirement
established
under Section
39(b),
or
in
violation
of
any regulations
adopted
by
the
Board or
of
any
order adopted
by
the
Board
with
respect
to
the
NPDES program.
12.
Section
309.102(a)
of
the
Board’s
Water Pollution
Regulations,
35
Ill.
Admin.
Code
309.102(a),
provides:
a.
Except as
in compliance
with
the
provisions
of
the
Act,
Board
regulations,
and the CWA,
and the
provisions
and
conditions
of
the NPDES
permit
issued
to the discharger,
the
discharge
of
any
contaminant
or
pollutant
by
any person
into the
waters of the
State
from
a
point
source
or
into
a
well
shall be unlawful.
***
13.
On July
31,
2006, Illinois EPA received
from Respondent
Summer
Ridge
a
Notice of Intent (“NOI”) for coverage
under the National Pollutant Discharge Elimination
System
(‘NPDES”) general permit for construction site activities.
On August 31, 2006, Illinois EPA
issued NPDES permit no. 1LR10G268
to Respondent Summer Ridge.
14.
On October 27, 2006, Illinois EPA inspected the site
at Summer Ridge
Subdivision. Infrastructure construction was underway and the entire
site
was
barren.
The only
erosion
controls
were silt fencing around storm sewer inlets which were
above grade and
unlikely
to
receive storm water, along with approximately
20
feet
of
silt
fence in front of a culvert
on the
receiving stream which divides the site.
The
stream bed
was
filled
with
sediment and
erosion
was
present on both embankment sides.
15.
On
November 1,
2006,
Illinois
EPA was
informed
by the design
engineer
for
Summer
Ridge Subdivision that construction work had commenced approximately six (6) weeks
previous
and that the sanitary sewer work was complete. The design engineer
further
stated
that
Respondent Stark
Excavating would
be contacted about the
inadequate
storm
water
controls.
16.
On November
2,
2006, Illinois EPA reinspected the site and observed that the
storm
water controls
were
unchanged from the
earlier inspection. The controls
in
place were
substantially
ineffective. Illinois EPA was
informed
that Respondent Stark Engineering
would
be installing
additional
controls
as
provided for in
the
storm
water pollution prevention plan
(“SWPPP”)
for
the
site.
17.
On December 26, 2006,
Illinois
EPA
received from Respondent Stark
Engineering a
report
of an incidence
of
non-compliance (“ION”). The 1ON stated that
Respondent
Stark
Engineering failed
to
properly
implement
and
maintain proper sediment
4
control
because ongoing earth
moving operations
prevented the
initial instaHation of
the entire
sediment
control system.
18.
On July
16,
2007, Illinois EPA
reinspected the site.
Erosion control
measures
remained inadequate
and included only
silt fencing at street
inlets and along
the site receiving
stream,
Sediment
was entering
and discharging from
the
site retention
pond.
19.
On
July 25,
2007,
Illinois EPA again
reinspected the
site. Additional silt
fencing
had been installed
and repair
work
had
been done
of
pre-existing
fencing. No source
controls
had been
installed along the
curbs at lot
areas.
20.
By
failing
to
provide adequate
storm
water pollution controls
Respondents
caused,
allowed
or threatened to
cause
water
pollution, in
violation
of Section 12(a)
of the Act,
415 ILCS
5/12(a) (2006).
21.
By
failing to provide
adequate storm
water
pollution
controls
Respondents
deposited
contaminants
upon the
land in such
place and
manner
so as to
create a water
pollution
hazard, in
violation
of
Section
12(d) of the Act,
415
ILCS 5/12(d)
(2006).
PRAYER
FOR
RELIEF
WHEREFORE, Complainant,
the
PEOPLE
OF THE
STATE
OF ILLINOIS,
respectfully
request that the
Board enter an
order against the
Respondents,
SUMMER
RIDGE,
L.L.C. and
STARK
EXCAVATING,
INC.:
A.
Authorizing a
hearing in this
matter at
which
time
the
Respondents will be
required
to answer the
allegations
herein;
B.
Finding the
Respondents
have violated the Act
and the
regulations
as
alleged
herein;
5
C.
Ordering
Respondents to cease and
desist
from any further violations of the
Act
and associated regulations;
D.
Pursuant
to Section 42(a) of the Act, 415 1LCS 5142(a) (2006) impose a civil
penalty of not more than the statutory
maximum;
and
E.
Granting such other
relief as the Board may deem
appropriate.
COUNT II
NPDES PERMIT VIOLATIONS
1-19. Complainant reafleges and incorporates herein by reference paragraphs 1
through
19 of
Count I as
paragraphs
I
through 19
of
this Count II.
20.
The storm
water
system at the
site constitutes
a
“point source” as that term is
defined in the federal Clean Water Act (“CWA”):
The
term “point source” means any discernible, confined and discrete
conveyance,
including
but
not
limited
to
any pipe, ditch, channel, tunnel,
conduit, well, discrete fissure, container,
rolling
stock,
concentrated
animal feeding
operation,
or vessel or other floating craft, from which
pollutants are or may be
discharged.
33
U.S.C.A.
§
1362(14).
21.
By failing to properly implement
and maintain adequate storm water pollution
controls
Summer Ridge
violated its NPDES permit and thereby
violated
35
Ill.
Adm. Code
309.102(a)
and Sections 12(a) andl2(f) of the Act,
415 LCS 5/12(a) and 12(f) (2006).
PRAYER
FOR REIJEF
WHEREFORE,
Complainant, the PEOPLE OF
THE
STATE
OF
ILLINOIS, respectfully
request
that
the Board
enter an order
against
the
Respondent, SUMMER RIDGE, L.L.C.
A.
Authorizing a hearing in
this matter at which time the Respondent will be
required to answer the
allegations herein;
6
B.
Finding the
Respondent has
violated
the
Act
and the
regulations
as
alleged
herein;
C.
Ordering Respondent
to
cease
and desist
from
any further
violations of the Act
and associated
regulations;
D.
Pursuant
to
Section 42(a) of the
Act,
415 ILCS
5/42(a)
(2006)
impose
a
civil
penalty of
not more than the
statutory maximum;
and
E.
Granting such
other
relief
as
the Board
may
deem
appropriate.
Respectfully
submitted,
PEOPLE OF
THE STATE
OF
ILLINOIS
LISA
MADIGAN,
Attorney
General of the
State
of Illinois,
MATTHEWJ.
DUNN, Chief
Environmental
Enforcement/Asbestos
Litigation
Division
THOMAS
DAVIS, Chief
Environmental
Bureau
Assistant
Attorney
General
Of
Counsel
Raymond
J.
Callery
Assistant Attorney
General
500
South Second
Street
Springfield,
Illinois 62706
(217)
7829031
Dated:
April 1, 2009
7
BEFORE
THE ILLINOiS
POLLUTION
CONTROL
BOARD
PEOPLE
OF THE STATE
OF ILLINOIS,
)
)
Complainant,
)
PCBNO.
)
(‘Vater - Enforcement)
SUMMER RIDGE,
L.L.C., an
Illinois
)
limited
liability company,
and STARK
)
EXCAVATING,
INC., an
Illinois
corporation,
)
Respondents.
)
APR
03
200g
Poliu
01
.
ILLINO,8
STIPULATION
AND PROPOSAL
FOR
SETTLEMf1
SUMMER
RIDGE
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
SUMMER
RIDGE,
L.L.C., an
Illinois limited liability
company
(“Summer
Ridge”
or
“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
ofthe 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/I 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.
A Conpiaint was filed on behalf of the
People
of
the State of
Illinois
by Lisa
Madigan,
Attorney General of the State of Illinois, on her own
motion and upon the
request
of
the
Illinois EPA, pursuant
to Section 31 of the Act, 415 ILCS
5/31 (2006), against the Respondent.
2
The Illinois
EPA is an
administrative agency of the State of
Ilimois, created
pursuant
to Section 4 of the
Act, 415
ILCS
5/4 (2006)
3.
At all times relevant
to
the Complaint,
Summer
Ridge was
and is an
Illinois
limited
liability
company
that is authorized to transact
business
in the State of Illinois. At
all times
relevant
to the Complaint, Summer Ridge owned and was developing a
residential housing area know
as
Summer
Ridge
Subdivision
located at Alta
Road (Route 174) and Radnor Road, in
Peoria,
Peoria
County, Illinois (the
sitell).
4,
At all times relevant to the Complaint,
Stark Excavating, Inc. (Stark
Excavating)
was
and
is an Illinois corporation that is authorized to
transact business in the State
of Illinois.
At all
times relevant
to the
Complaint, Stark Excavating was the construction
contractor for the site.
5.
On
July
31, 2006,
Summer Ridge filed its Notice of Intent
for coverage under
the
General NPDES Permit for construction site
activity. On August 3 1, 2006, Illinois
EPA
notified
Summer
Ridge
of its coverage under NPDES Permit No.
1LR10G268.
6.
On October 27, 2006,
Illinois EPA inspected the site at Summer
Ridge
Subdivision.
Infrastructure construction was underway and the entire site was
barren. The only erosion controls
2
were
silt
fencing
around
storm
sewer
inlets
which
were
above
grad
e
and unlikely
to
receive
storm
water,
along
with
approximately
20
feet
of
silt fence
in
fi•nt
of a
culvert
on
the receiving
stream
which
divides
the
site.
The stream
bed
was filled
with
sediment
and erosion
was
present
on
both
embankment
sides.
7.
On
November
1, 2006,
Illinois
EPA
was informed
by the
design
engineer
for
Summer
Ridge
Subdivision
that construction
work
had
commenced
approximately
six (6)
weeks
previous
and
that
the sanitary
sewer work
was
complete.
The
design
engineer
further
stated
that
Stark
Excavating
would
be contacted
about
the inadequate
storm
water controls.
8.
On
November
2,
2006, Illinois
EPA
reinspected
the
site and
observed
that
the
storm
water
controls
were unchanged
from
the earlier
inspection.
The
controls
in place
were
substantially
ineffective.
Illinois
EPA
was
informed
that Stark
Engineering would
be installing
additional
controls
as provided
for in
the
storm
water
pollution
prevention
plan
(SWPPP)
for the
site.
9.
On
December
26,
2006,
Illinois
EPA
received
from
Stark Engineering
a
report
of an
incidence
of
non-compliance
(“ION”).
The
ION
stated
that
Stark
Engineering
failed
to
properly
implement
and
maintain
proper
sediment
control
because
ongoing
earth
moving
operations
prevented
the
initial
installation
of the
efltire
sediment
control
system.
10.
On
July
16,
2007,
Illinois
EPA
reinspected
the site.
Erosion
control
measures
remained
inadequate
and
included
only
silt
fencing
at
street
inlets
and along
the
site
receiving
stream.
Sediment
was
entering
and
discharging
from
the
site retention
pond.
B.
Allegations of Non-Compliance
Complainant
and
the Illinois
EPA
contend
that
the
Respondent
has
violated
the
following
3
provisions
of
the
Act
and
Board
regulations:
COUNT
I:
WATER
POLLUTION,
in violation
of
Section
12(a)
and (d)
of the
Act,
415
ILCS
5/12(a)
and (d)
(2006).
COUNT
11:
NPDES
PERMIT
VIOLATIONSin
violation
of
35111,
Adm.
Code
309.1
02(a)
and
Sections
12(a)
and
1
2(f)
of
the
Act,
415
ILCS
5/12(a)
and
12(f)
(2006).
C.
Admission
of
Violations
The
Respondent
admits
to
the
violations
alleged
in the
Complaint
filed
in
this
matter
and
referenced
within
Section
I.B
herein.
D.
Compliance
Activities
to
Date
1.
On
JuL
25, 2007,
Illinois
EPA
again
reinspected
the
site.
Additional
silt
fencing
had
been
installed
and
repair
work
had
been
done
on
pre-existing
fencing.
No
source
controls
had
been
installed
along
the
curbs
at
lot areas.
2.
On March
21, 2008,
Illinois
EPA
again
reinspected
the site.
Silt
fencing
was
provided
around
Lot A.
Beaver
dams
and
dandy
bags
were
provided
at
inlets.
‘Rolled
socks”
had
been
provided
along
the
curbs
at
the
three
homes
under
construction
although
they
did
not appear
to
be
completely
effective.
The
required
inspection
reports
were
on
site
with
the most
recent
one being
for
March
17,
2008.
H.
APPLICABILITY
This
Stipulation shall
apply
to and
be binding
upon
the
Complainant,
the
Illinois
EPA
and
4
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).
HI. IMPACT
ON THE
PUBLIC RESULTING FROM ALLEGED NON-COMPLIANCE
Section 33(c) of the Act, 415 ILCS 5/33(c) (2006), provides as follows:
In making
its
orders and determinations, the Board shall take into consideration all
the
facts and
circumstances bearing upon the reasonableness of the emissions,
discharges,
or
deposits involved including, but not limited to:
1.
the character and
degree
of
injury
to, or
interference
with the
protection
of the
health, general welfare and physical property of
the
people;
2.
the social and
economic value of
the
pollution
source;
3,
the suitability or
unsuitability
of the pollution source to the
area
in which it
is
located,
including the question of priority of location in the area involved;
4.
the
technical
practicability and economic reasonableness of reducing
or
eliminating the emissions, discharges or deposits resulting from such
pollution source; and
5.
any
subsequent compliance.
In
response to
these factors, the parties to this Stipulation state the following:
1.
The
water
quality
of the unnamed
stream
at the site
and Kickapoo
Creek
was
adversely affected
by
the
inadequate
storm water
pollution
controls.
2.
There
is
social
and
economic
benefit
in the
construction
of new
homes at
the
site.
3,
Construction
activity
at the
site was
suitable
for
the area in
which it
occurred.
4.
Providing
adequate
storm
water
pollution
controls and
complying
with the
NPDES
general
storm water
permit
were
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;
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
subj
ect
to the
Act;
5.
the
number,
proximity
in
time,
and
gravity
of previously
adjudicated
violations
of
this
Act
by the respondent;
6
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
NPDES
general
storm
water
permit violations
by
Summer
Ridge
and
Stark
Excavating,
were observed
during
the Illinois
EPA inspection
onOctober
27, 2006.
Construction
work
had
reportedly
commenced
in mid-September
2006.
The barren
site lacked
adequate
storm
water and
erosion
controls,
and
sediment
was reaching
a
stream
at the
site.
A
follow-up
inspection
on July 16,
2007,
indicated
that
improvements
in
controls were
still
needed.
2.
After
the Illinois
EPA’s
inspection
on
October
27,2006,
Summer
Ridge’s contractor,
Stark Excavating,
took steps
to
improve
the storm
water
and erosion
controls.
1-Jowever,
Illinois
EPA
observed
continuing
erosion
when it
inspected the
site
in July
2007.
3.
Summer
Ridge
and
Stark Excavating
delayed
the costs
of implementing
erosion
control measures
at
the site
and
benefitted
economically
as a
result of
the
non-compliance
in this
matter.
4.
Complainant
and the
Illinois
EPA
have
determined,
based upon
the specific
facts
of
this
matter, that
a
penalty
of
TEN
THOUSAND
DOLLARS
($10,000.00)
on behalf
of Summer
Ridge,
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,
Summer
Ridge and
Stark
7
Excavating
have
no
previously
adjudicated
violations
of
the Act.
6.
Summer
Ridge
and
Stark Excavating
did
not
voluntarily
disclose
the
violations
involved
in this
case.
7.
The
settlement
of this
matter
does not
include
a supplemental
environmental
project.
V. TERMS
OF
SETTLEMENT
A.
Penalty
Paynent
1.
The
Respondent,
Summer
Ridge,
shall
pay
a civil
penalty
in
the
sum
of
TEN
THOUSAND
DOLLARS
($10,000.00)
within
thirty (30)
days
from
the date
the Board
adopts
and
accepts
this
Stipulation.
B.
Interest
and
Default
1.
If
the Respondent
fails
to
make
any payment
required
by this
Stipulation
on
or before
the
date
upon
which
the payment
is due,
the Respondent
shall
be
in
default
and
the
remaining
unpaid
balance
of
the
penalty,
plus
any accrued
interest,
shall be
due
and
owing
immediately.
In
the
event
of default,
the
Complainant
shall
be
entitled
to reasonable
costs
of
collection,
including
reasonable
attorneys
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
8
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 Respondents 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:
Raymond J. Callery
Environmental Bureau
Illinois Attorney General’s
Office
500
South
Second Street
Springfield,
Illinois 62706
D.
Release from Liability
In consideration of the Respondent’s payment of the
$10,000.00
penalty,
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
9
Complainant’s
Complaint.
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
ofthis
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
otherthan
the
Respondent.
E.
Enforcement
and
Modification
of
Stipulation
Upon
the
entry of
the Board’s
Order
approving
and accepting
this
Stipulation,
that Order
is
a
binding
and
enforceable
order of the
Board
and
may be
enforced
as
such
through
any and
all
available
means:
F.
Execution
of Stipulation
The
undersigned
representatives
for each
part)’ to this
Stipulation
certi’
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
OP
ILLINOIS
THE ILLINOIS
ENVIRONMFNTAL
PROTECTION
AGENCY
LISA MADIGAN
Attorney
General
DOUGLAS P. SCOTT,
Director
State of Illinois
Illinois Environmental
Protection
Agency
MATTHEW
J. DUNN,
Chief
Environmental
Enforcement!
BY:
-
Asbestos
Litigation Division
ROBERT A.
MESSINA
Chief Legal Counsel
BY:
DATE:
THOMAS
DAVIS,
Chief
Environmental
Bureau
Assistant
Attorney
General
DATE:
Y4i49
SUMMER RIDGE,
L.L.C.
BY:
Name
(print):j/4//J7
K
Title:________________
DATE:______________
11
BEFORE
THE ILLINOIS
POLLUTION
CONTROL
BOARD
PEOPLE
OF
THE
STATE
OF
ILLINOIS,
)
)
Complainant,
)
v.
PCBNO.
)
(Water
- Enforcement)
SUMMER
RIDGE,
L.L.C.,
an Illinois
)
limited liability
company,
and
STARK
)
CEVED
EXCAVATING,
INC.,
an Illinois
corporation,
)
CLERK’S
OFFICE
Respondents.
APR
032009
STATE
OF
ILUNOIS
oIIuon
control
Board
STIPULATION
AND
PROPOSAL
FOR
SETTLEMENT
STARK
EXCAVATING
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
STARK
EXCAVATING,
INC. an
Illinois corporation
(Stark
Excavating
or “Respondent”),
have
agreed
to the
making of
this Stipulation
and Proposal
for
Settlement
(“Stipulation”)
and
submit
it
to the
Illinois Pollution
Control
Board
(“Board”)
for approval.
This
stipulation
of facts is
made
and
agreed
upon
for purposes
of
settlement
only and as
a
factual
basis for
the Board’s
approval
of this
Stipulation
and
issuance
of relief.
None
of the
facts stipulated
herein
shall
be
introduced
into
evidence
in
any other
proceeding
regarding
the violations
of the
Illinois
Environmental
Protection
Act
(“Act”), 415
ILCS
5/1
et
seq.
(2006),
and
the Board’s
Regulations,
alleged
in the
Complaint
except
as
otherwise provided
herein.
It is the
intent of
the parties
to
this
Stipulation
that it be a
final
adjudication
of
this matter.
I
L STATEMENT OF FACTS
A.
Parties to the Stipulation
1,
A Complaint was filed on behalf of the People of the State of
Illinois by Lisa
Madigan, Attorney General
of
the State of Illinois, on her own motion and upon the request of the
Illinois EPA, pursuant to Section 31 of the Act, 415 ILCS
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,
Summer
Ridge, L.L.C.
(“Summer Ridge”),
was and is an Illinois limited liability company that is
authorized
to
transact business in the State of
Illinois. At
all times relevant to the Complaint,
Summer
Ridge
owned and
was developing
a
residential
housing
area know as Summer
Ridge Subdivision located
at
Alta Road (Route
174)
and
Radnor Road, in
Peoria,
Peoria County,
Illinois (the “site’).
4.
At all times relevant to the
Complaint, Stark Excavating
was
and is an Illinois
corporation that
is authorized
to transact
business in the State of
Illinois.
At all times
relevant
to
the
Complaint, Stark
Excavating
was the
construction contractor for the site.
5.
On July 31, 2006,
Summer
Ridge filed its
Notice
of Intent for
coverage under the
General NPDES Permit for construction
site activity. On August 31, 2006, Illinois EPA
notified
Summer
Ridge
of
its coverage under NPDES
Permit
No. 1LR10G268,
6.
On October 27, 2006, Illinois
EPA inspected
the site
at
Summer Ridge Subdivision.
Infrastructure
construction was
underway
and
the entire site was barren. The only erosion controls
were
silt fencing around
storm
sewer
inlets
which were above grade and unlikely to
receive
storm
2
water, along
with
approximately
20
feet
of
silt
fence
in
front
of
a
culvert
on
the
receiving
stream
which
divides the
site.
The
stream
bed
was
flied
with
sediment and
erosion
was
present on
both
embankment
sides.
7.
On
November
1, 2006,
Illinois
EPA
was
informed by
the
design
engineer
for
Summer
Ridge
Subdivision
that
construction
work
had
commenced
approximately
six
(6)
weeks
previous
and
that
the
sanitary
sewer
work
was
complete.
The
design
engineer
further stated
that
Stark
Excavating
would
be
contacted
about
the
inadequate
storm
water controls.
8.
On
November
2, 2006,
Illinois
EPA
reinspected
the
site
and
observed
that
the
storm
water
controls were
unchanged
from
the
earlier inspection.
The
controls
in
place
were
substantially
ineffective.
Illinois
EPA
was
informed
that
Stark
Excavating
would
be
installing
additional
controls
as
provided
for
in the
storm
water
pollution
prevention
plan
(‘SWPPP’)
for
the
site.
9.
On
December
26,
2006,
Illinois
EPA
received from
Stark
Excavating
a report
of
an
incidence of
non-compliance
(ION”).
The
JON
stated
that
Stark
Excavating
failed to properly
implement
and
maintain
proper
sediment
control
because
ongoing
earth
moving
operations
prevented
the
initial
installation
of the
entire
sediment
control
system.
10.
On
July
16,
2007,
Illinois
EPA
reinspected
the
site.
Erosion
control
measures
remained
inadequate
and
included
only
silt
fencing
at
street
inlets
and
along
the
site
receiving
stream.
Sediment
was
entering
and
discharging
from
the
site
retention
pond.
B.
Allegations
of
Non-Compliance
Complainant
and
the
Illinois EPA
contend
that
the
Respondent
has
violated the
following
3
provisions
of
the Act and
Board
regulations:
COUNT I:
WATER
POLLUTION.
in
violation
of
Section
12(a)
and
(d)
of the
Act,
415 ILCS
5/12(a) and
(d)
(2006).
C.
Admission
of
Violations
The
Respondent
admits
to
the violations
alleged
in the Complaint
filed in this
matter and
referenced
within
Section
I.B herein.
D.
Compliance
Activities
to
Date
1.
On July
25, 2007,
Illinois EPA
again reinspected
the site.
Additional
silt
fencing had
been
installed and
repair work
had
been
done on
pre-existing
fencing.
No source
controls had
been
installed along
the curbs
at lot areas.
2.
On March
21,
2008,
Illinois
EPA
again reinspected
the
site. Silt fencing
was
provided
around
Lot
A. Beaver
dams
and
dandy
bags were
provided
at inlets.
“Rolled
socks”
had
been
provided along
the curbs
at the three
homes
under construction
although
they
did not
appear
to be
completely
effective.
The
required
inspection
reports were
on site
with
the
most recent
one
being
forMarch
17, 2008.
H.
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,
4
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 ofa
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).
IlL
IMPACT
ON
THE
PUBLIC
RESULTING
FROM
ALLEGED
NON-COMPLIANCE
Section
33(c)
of the
Act,
415 ILCS
5/33(c)(2006),
provides
as
follows:
In making
its orders and
determinations,
the
Board
shall
take
into consideration
all
the facts
and circumstances
bearing
upon
the
reasonableness
of
the
emissions,
discharges,
or
deposits involved
including,
but
not
limited
to:
I.
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.
Thn
water quality
of the
unnamed stream
at
the
site
and Kickapoo
Creek
was
adversely
affected
by
the
inadequate
storm
water
pollution
controls.
2.
There
is social
and
economic
benefit
in the
construction
of new
homes
at the site.
3.
Construction
activity
at
the
site
was
suitable
for
the area in
which it
occurred.
D
4.
Providing
adequate
storm
water
pollution
conioIs and
complying
with the
NPDES
general
storm
water
permit
were both
techrdcally
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;
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.
6
In
response
to
these
factors,
the
parties
to
this
Stipulation
state
as
follows:
1.
The
NPDES
general
storm
water
permit
violations
by
Summer
Ridge
and
Stark
Excavating,
were
observed
during
the
Illinois
EPA
inspection
on
October
27,
2006.
Construction
work
had
reportedly
commenced
in
mid-September
2006.
The
balTen
site
lacked
adequate
storm
water
and
erosion
controls,
and
sediment
was
reaching a
stream
at
the
site.
A follow-up
inspection
on
July
16,
2007,
indicated
that
improvements
in
controls
were
still
needed.
2.
After
the
Illinois
EPA’s
inspection
on
October
27,
2006,
Summer
Ridge’s contractor,
Stark
Excavating,
took
steps
to improve
the
storm
water
and
erosion
controls.
However,
Illinois
EPA
observed
continuing
erosion
when
it inspected
the
site
in
July
2007.
3.
Summer
Ridge
and
Stark
Excavating
delayed
the
costs
of
implementing
erosion
control
measures at
the site
and
benefitted
economically
as a
result
of the
non-compliance
in
this
matter.
4.
Complainant
and
the Illinois
EPA
have
determined,
based
upon
the
specific
facts
of
this
matter,
that
a penalty
of
FIVE
THOUSAND
DOLLARS
($5,000.00)
on
behalf
of
Stark
Excavating, will
serve
to deter
further
violations
and
aid
in
future
voluntary
compliance
with
the
Act
and
Board
regulations.
5.
To
Complainants
and
the
Illinois
EPA’s
knowledge,
Summer
Ridge
and
Stark
Excavating have
no
previously
adjudicated
violations
of the
Act.
6.
Summr
Ridge
and
Stark
Excavating
did
not
voluntarily
disclose
the
violations
involved
in
this
case.
7.
The
settlement
of this
matter
does
not
include
a
supplemental
environmental
project.
7
V.
TERMS
OF SETTLEMENT
A
Penally
Payment
1.
The
Respondent,
Stark
Excavating,
shall
pay a civil
penalty
in
the sum
of FIVE
THOUSAND DOLLARS
($5,000.00)
within
thirty
(30)
days
from the
date
the Board
adopts
and
accepts
this
Stipulation.
B.
Interest
and
Default
1.
Ifthe 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
attorneys
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
8
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 Respondents
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:
Raymond
J.
Callery
Environmental
Bureau
Illinois
Attorney
Generals
Office
500
South
Second
Street
Springfield,
Illinois
62706
D.
Release
from
Liability
In consideration
of the Respondents payment
of the
$5,000.00
penalty,
completion
of
all
activities
required
hereunder,
and upon
the Boards
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
Complaiiit
herein.
The
release
set forth
above
does
not
extend
to
any
matters
other
than
those
expressly
specified
in
Complainant’s
Complaint.
The Complainant
reserves,
and
this
Stipulation
is
without
ptejudice
to,
all
rights
of
the
State
of Illinois
against
the Respondent
with
respect
to all
other
matters,
including
9
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 may
have
against
any person,
as
defined
by
Section
3.3 15
of the Act,
415
ILCS 5/3.3
15, or
entity other
than the
Respondent.
E.
Enforcement
and Modification
of Stipulation
Upon
the
entry of
the
Board’s
Order approving
and
accepting
this Stipulation,
that
Order
is
a
binding
and enforceable
order
of the Board
and
may
be enforced
as such
through
any and
all
available
means.
F.
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
THE
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
LISA
MADIGAN
Attorney
General
DOUGLAS
P.
SCOTT,
Director
State
of
Illinois
Illinois
Enronmental
Protection
Agency
MATTHEW J. D,
Chief
BY:
.
‘
Environmental
Enforcement!
ROBER
A
MLSSINA
Asbestos
Litigation
Division
Chief
Legal
Counsel
BY:
DATE:
THOMAS
DAVIS,
Chief
Environmental
Bureau
Assistant
Attorney
General
DATE:
‘1(/o9
STARK
EXCAVATING,
INC.
BY:
Name
(print):
Title:
t.-j
DATE:z(,tO9,
11