MAyj
    2009
    OFFICE
    OF
    THE ATTORNEY
    GENERAL
    STATE
    OF
    STATE
    OF
    ILLINOIS
    POllUtior,
    cor:f’JNOiS
    JO1
    Board
    Lisa
    Madigan
    ATTORNEY
    GENERAL
    May 7,
    2009
    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.
    Yetter
    Manufacturing
    Company,
    et
    a!.
    PCB
    No. 09-32
    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
    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.
    Very
    truly
    yours,
    2_
    4----
    ,
    4
    ane
    E. McBride
    Environmental
    Bureau
    500 South
    Second
    Street
    Springfield,
    Illinois 62706
    (217)
    782-9031
    J
    EM/pjk
    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
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    414

    BEFORE THE
    ILLINOIS POLLUTION
    CONTROL BOARD
    PEOPLE OF THE
    STATE OF ILLINOIS,
    )
    Complainant,
    vs.
    )
    PCB No.
    09-32
    )
    (Enforcement - Water)
    WHALEN MANUFACTURING
    COMPANY,)
    an Illinois corporation,
    and YETTER
    )
    MANUFACTURING
    COMPANY,
    an
    Illinois corporation,
    )
    ECVED
    Respondent.
    )
    CLERK’S
    OFFICE
    NOTICE
    OF FILING
    MAY
    11
    2009
    STATE
    OF
    ILLINOIS
    To:
    William H. Campbell
    Pollution
    Control
    Board
    Davis
    &
    Campbell L.L.C.
    401 Main
    Street
    Suite
    1600
    Peoria, IL 61602-1
    241
    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
    Enforcement/Asbestos
    Litigation Division
    *
    BY:
    ,-Jane
    5;—.e-
    E. McBride
    272I
    fr
    Sr .Assistant Attorney
    General
    4.v7 ‘
    Environmental Bureau
    500
    South
    Second
    Street
    Springfield,
    Illinois 62706
    217/782-9031
    Dated: May 7, 2009

    CERTIFICATE
    OF
    SERVICE
    I hereby
    certify
    that
    I did
    on
    May
    7, 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,
    MOTION
    FOR
    RELIEF
    FROM
    HEARING
    REQUIREMENT and
    STIPULATION
    AND
    PROPOSAL
    FOR
    SETTLEMENT:
    To:
    William
    H. Campbell
    Davis
    &
    Campbell
    L.LC.
    401
    Main Street
    Suite
    1600
    Peoria,
    IL
    61602-1241
    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
    ‘—-
    .;
    4
    Sr. Assistant
    E.
    McBnde
    Attorney
    Gene
    7
    j-
    1
    This
    filing
    is submitted
    on recycled
    paper.

    BEFORE
    THE
    ILLINOIS
    POLLUTION
    CONTROL BOARD
    PEOPLE
    OF THE
    STATE
    OF
    ILLINOIS,
    )
    Complainant,
    vs.
    )
    PCB No.
    09-32
    )
    (Enforcement
    - Water)
    WHALEN
    MANUFACTURING
    COMPANY,)
    an Illinois
    corporation,
    and YETTER
    )
    MANUFACTURING
    COMPANY,
    an
    )
    IIl,no,s corporation,
    )
    OFFICE
    MAY11
    2
    Respondent.
    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
    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)
    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
    Litigation
    Division
    BY:
    500
    South
    Second
    Street
    Springfield,
    Illinois
    62706
    217/782-9031
    Dated:
    May
    7, 2009
    ane
    E.
    McBride
    Environmental
    Bureau
    Sr.
    Assistant
    Attorney
    General
    2

    BEFORE
    THE ILLINOIS
    POLLUTION
    CONTROL
    BOARD
    PEOPLE OF THE
    STATE OF ILLINOIS,
    )
    )
    Complainant,
    )
    )
    v.
    )
    PCB NO. 09-32
    (Enforcement - Water)
    )
    YETTER
    MANUFACTURING
    COMPANY,
    )
    an Illinois corporation,
    &
    )
    WHALEN
    MANUFACTURING
    COMPANY,
    )
    OFFICE
    an
    unincorporated
    division of Yetter,
    )
    MAY
    2009
    )
    STATOFII,
    Respondents.
    )
    PoIIut0
    cfN0j
    °
    SO9r
    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”),
    YETTER
    MANUFACTURING
    COMPANY and WHALEN MANUFACTURING COMPANY
    (“Yetter” and “Whalen”
    individually, “Respondents” collectively) (“Parties
    to
    the Stipulation”),
    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. STATEMENT
    OF FACTS
    A.
    Parties to the Stipulation
    1.
    On November 12,
    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 Illinois EPA, pursuant to Section 31 of the Act, 415 ILCS 5/31
    (2006),
    against the Respondents.
    2.
    The Illinois EPA is an administrative agency of the State of Illinois,
    created
    pursuant to Section4 of
    the
    Act,
    415
    ILCS 5/4
    (2006).
    3.
    At all times relevant to the Complaint, Respondent Yetter was an
    Illinois
    corporation
    authorized to transact business in the State of Illinois and
    Respondent Whalen was an
    unincorporated
    division
    of
    Yetter. At all times relevant to the
    Complaint, Respondent Yeller
    owned
    and operated a
    manufacturing facility located at 109 S.
    McDonough, Coichester,
    McDonough
    County,
    Illinois (“Yetter site”). At all times relevant to the
    Complaint, Respondent
    Whalen owned and
    operated
    a
    manufacturing facility located at 1270 East
    Murray
    Street,
    Macomb,
    McDonough
    County, Illinois (“Whalen site”).
    4.
    On
    February 8, 2006, the Illinois EPA inspected the
    Yeller site. The inspector
    observed
    a
    300-gallon plastic tank filled with liquid industrial
    waste. It was learned that wastes
    from the
    parts washer and the wash bay
    were collected into the 300-gallon
    plastic tank
    and
    hauled by
    Yetter to the Whalen site
    in
    Macomb,
    Illinois.
    5.
    As of February
    8,
    2006, Yetter transported approximately 600
    gallons of industrial
    waste
    solution
    every
    30
    to 60 days to the Whalen site. At the Whalen
    site, the liquid waste was
    2

    dumped
    into
    a
    sanitary
    sewer
    that is
    a
    tributary
    to the Macomb
    sanitary
    sewer system.
    6.
    As
    of February
    8,
    2006,
    Yetter
    did not have
    a valid
    nonhazardous
    special
    waste
    hauling
    permit
    issued by
    the Illinois
    EPA.
    7.
    As
    of February
    8,
    2006,
    Yetter
    did not
    use a manifest
    to
    ship the
    nonhazardous
    special
    waste
    to
    the
    Whalen
    site.
    8.
    As of
    February
    8,
    2006,
    Whalen
    did not have
    a
    special
    waste
    permit
    to store
    special waste.
    9.
    As
    of
    February
    8,
    2006, Whalen
    did
    not
    have
    a Development
    Permit
    to develop
    a
    new
    solid waste
    facility.
    10.
    As
    of February
    8,
    2006,
    Whalen
    did
    not
    have
    an operating
    permit to
    use or operate
    a
    new
    solid
    waste
    facility.
    11.
    As of February
    8,
    2006, Yetter
    and
    Whalen
    did not have
    a
    National Pollutant
    Discharge
    Elimination
    System
    (“NPDES”)
    permit.
    B.
    Allegations
    of Non-Compliance
    Complainant
    and the Illinois
    EPA
    contend
    that the
    Respondents
    have violated
    the
    following
    provisions
    of the Act
    and
    Board regulations:
    Count
    I:
    Special
    Waste
    Permit
    Violations
    - Yetter
    Manufacturing
    By hauling
    or
    otherwise
    transporting
    nonhazardous
    special
    waste
    generated
    within
    Illinois
    without
    a
    current,
    valid
    nonhazardous
    special
    waste hauling
    permit,
    Yeller
    violated
    Section
    809.201
    of the
    Board’s
    Regulations,
    35
    Ill. Adm.
    Code 809.201
    (2005).
    By
    delivering
    nonhazardous
    special waste
    generated
    within
    Illinois
    without
    concurrently
    delivering
    a
    3

    manifest to
    a special
    waste
    transporter,
    Yetter
    violated
    Section
    809.301
    of
    the
    Board’s
    Regulations,
    35
    Iii.
    Adm. Code
    809.301
    (2005).
    By
    delivering
    nonhazardous
    special
    waste
    in Illinois
    for
    disposal, storage,
    or treatment
    to a
    person who
    does
    not have
    a
    current,
    valid
    operating
    permit
    issued
    by
    the
    Illinois EPA,
    Yetter
    violated Section
    809.302(b)
    of the
    Board’s Regulations,
    35 Ill.
    Adm.
    Code
    809.302(b)
    (2005).
    By
    conducting
    a special
    waste
    transportation
    operation
    in violation
    of regulations,
    standards
    or
    permit requirements
    adopted
    by the
    Board
    under the
    Act,
    Yetter
    violated Section
    21(j)
    of the Act,
    415
    ILCS
    5/21(j)
    (2006).
    Count
    II:
    Special
    Waste
    Permit
    Violations
    - Whalen
    Manufacturing
    By
    operating,
    causing
    or allowing
    the
    development
    of
    a solid
    waste
    management
    site without
    a
    Development
    Permit,
    Whalen
    violated
    Sections
    807.20 1(a)
    and
    807.202(a)
    of the
    Board’s
    Water
    Pollution
    Regulations,
    35
    Iii. Adm.
    Code
    807.20
    1(a)
    and
    807.202(a)
    (2005).
    By
    accepting
    special
    waste
    for disposal,
    storage
    or treatment
    within
    Illinois
    from
    a
    special
    waste
    transporter
    who
    does
    not
    have
    a valid
    nonhazardous
    special
    waste
    hauling permit,
    Whalen
    violated
    Section 809.302(a)
    of the Board’s
    Water
    Pollution Regulations,
    35 Ill. Adm.
    Code 809.302(a)
    (2005).
    By
    conducting
    a
    waste
    storage operation
    without
    a permit
    granted by
    the Agency,
    Whalen
    violated
    Section
    2 1(d)
    of
    the
    Act,
    415 ILCS
    5/21(d)
    (2006).
    By
    disposing,
    treating,
    storing
    or abandoning
    waste at
    a site
    or
    facility
    that
    does
    not meet
    the
    requirements
    of
    the
    Act,
    Whalen
    violated
    Section 21(e)
    of the
    Act, 415 ILCS
    5/21(e)
    (2005).
    Count III:
    NPDES
    Permit Violations
    - Whalen
    Manufacturing
    &
    Yetter
    Manufacturing
    By
    causing,
    threatening
    or allowing
    the
    discharge
    of
    4

    contaminants
    into waters
    of the State without
    a valid
    NPDES
    permit,
    Whalen
    and
    Yetter violated
    Section
    12(f) of
    the Act, 415
    ILCS 5/12(f) (2005).
    By
    causing or allowing
    the use or operation of
    a treatment
    works,
    pretreatment
    works or wastewater
    source without an
    NPDES
    permit, Whalen and
    Yetter
    violated
    Section
    309.204(a)
    of the
    Board’s
    Water
    Pollution
    Regulations,
    35
    Ill. Adm.
    Code 309.204(a)
    (2005).
    C.
    Admission
    of Violations
    The Respondents
    admit to the violations
    alleged in the Complaint
    filed
    in this matter and
    referenced
    within Section
    I.B. herein.
    B.
    Compliance
    Activities to Date
    On February
    9,
    2006, Yetter
    stopped
    hauling its
    industrial
    wastewater
    to the
    Whalen site.
    Yetter’s
    wastêwater
    is recycled and reused
    until cleaning
    effectiveness
    is
    compromised.
    Once
    compromised,
    the contaminated
    wastewater
    is hauled away by
    a
    third
    party contractor
    for proper
    disposal.
    On
    November 29, 2006,
    Whalen obtained a
    Water
    Pollution
    Control
    Permit to
    discharge
    metal
    finishing
    wastewater to the
    Macomb sanitary
    sewer
    system.
    S

    II.
    APPLICABILITY
    This
    Stipulation
    shall apply
    to and be binding upon
    the Parties to
    the Stipulation, and
    any
    officer,
    director,
    agent, or employee of
    the Respondents, as
    well as any
    successors
    or assigns
    of
    the Respondents. The
    Respondents 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
    Respondents 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 ILCS5/39
    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.
    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.
    6

    In
    response
    to these
    factors,
    the
    Parties
    to
    the 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.
    Yetter’
    s cessation
    of
    transporting
    liquid
    industrial
    waste
    to
    the
    Whalen
    site
    and
    Whalen’s
    compliance
    with
    permit
    requirements
    is both
    technically
    practicable
    and economically
    reasonable.
    5.
    Respondents
    have
    subsequcntly
    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;
    7

    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 the Stipulation state as follows:
    1.
    Whalen had been
    discharging industrial wastewater received from Yetter to the
    Macomb sanitary sewer without
    a
    permit for
    approximately ten (10) years. It
    was not
    until the
    Illinois EPA inspected the facility on February
    9,
    2006
    that it stopped.
    2.
    Whalen and
    Yetter diligently responded following the
    Illinois EPA’s February 9,
    2006
    inspection. Yetter stopped transporting industrial wastewater to the
    Whalen site
    and
    Whalen
    stopped dumping it into the Macomb sewer system. In addition,
    Whalen
    obtained the
    necessary
    permit
    to discharge sanitary waste to the Macomb
    sewer system.
    3.
    Whalen and Yetter did not
    receive
    an economic benefit from
    the
    violations.
    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)
    against
    both Whalen and
    Yetter
    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, no previous
    enforcement
    action
    has
    been taken against Respondent
    Whalen. There
    was a
    previous
    enforcement
    action,
    however,
    against
    Yetter.
    In
    1998, the Illinois EPA referred Yetter to the
    Office
    of Attorney
    General
    for air
    pollution violations that included operating without a permit
    and
    improper record
    8

    keeping.
    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 Pa3 ient
    1.
    Resp ident Whalen shall pay a civil penalty in the sum of Ten
    Thousand
    Dollars
    ($10,000.00)
    withir
    irty (30)
    days from the
    date the
    Board
    adopts
    and accepts this Stipulation.
    Respondent Yetter
    ll pay a
    civil penalty in the
    sum
    of Ten Thousand Dollars
    ($10,000.00)
    within thirty
    (30)
    d
    from the date the Board adopts and
    accepts this Stipulation.
    B.
    Stipulated
    aalties, Interest and Default
    1.
    If thc
    espondents
    fail to make any
    payment required
    by
    this
    Stipulation
    on or
    before the
    date upo vhich the
    payment is due, the Respondents shall be in
    default and the
    remaining
    unpaid b nce of
    the penalty, plus any accrued interest,
    shall be due and
    owing
    immediately.
    n th
    vent of default, the
    Complainant shall be entitled to
    reasonable costs of
    collection,
    in1udir reasonable
    attorney’s
    fees.
    2.
    Pui
    nt to Section 42(g) of the Act,
    interest shall accrue on any
    penalty amount
    owed by
    the Resp
    ents not paid within the
    time prescribed herein. Interest on
    unpaid
    penalties
    shall
    begin
    to accr
    from
    the
    date such are due and continue to accrue to
    the date full payment
    is
    received.
    Where
    p
    ial payment is
    made
    on any penalty amount that is due,
    such partial
    payment
    shall be
    fist applied to any interest on unpaid
    penalties
    then
    owing.
    9

    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 numbers
    shall appear on
    the face of the
    certified
    ciieck
    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
    B.
    Future
    Compliance
    1.
    Respondent
    Yetter shall no longer
    transport
    industrial
    wastewater
    to
    the
    Whalen
    site.
    Whalen shall
    no longer
    receive Yetter’ s
    industrial waste and
    discharge
    it into
    the Macomb
    sewer system.
    Whalen shall only
    discharge industrial
    wastewater
    to the
    Macomb sanitary sewer
    system
    as
    per the
    terms and conditions
    of its Water
    Pollution
    Control
    Permit
    Number 2006-EA-
    2426.
    Whalen shall
    comply with
    the monitoring
    and reporting
    requirements of
    its permit.
    2.
    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
    Respondents’
    facility
    which
    is the
    subject
    of this
    Stipulation,
    at
    all
    10

    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.
    3.
    This
    Stipulation in
    no way affects the responsibilities
    of
    the Respondents to
    comply with any other federal,
    state or local laws
    or
    regulations, including but
    not limited
    to the
    Act and the Board
    Regulations.
    4.
    The Respondents
    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 Respondents’ collective
    payment of
    the
    $20,000.00
    penalty,
    completion of
    all activities
    required
    hereunder,
    and upon the Board’s
    approval
    of this Stipulation,
    the
    Complainant releases,
    waives and
    discharges
    the
    Respondents 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 November 12, 2008.
    The Complainant
    reserves,
    and
    this
    Stipulation
    is
    without prejudice
    to, all rights of
    the State of
    Illinois against
    the
    Respondents
    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
    11

    d.
    liability or claims based on the Respondents’ 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 5/3.3 15 (2006),
    or entity other than the
    Respondents.
    F.
    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.
    G.
    Execution of
    Stipulation
    The
    undersigned
    representatives for the
    Parties to the
    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.
    12

    WHEREFORE,
    the Parties
    to the
    Stipulation request that the
    Board adopt and accept the
    foregoing
    Stipulation
    and Proposal for Settlement as written.
    PEOPLE OF THE STATE OF ILLINOIS
    THE ILLJNOIS
    ENVIRONMENTAL
    PROTECTION
    AGENCY
    LISA MADIGAN
    Attorney
    General
    State of
    Illinois
    DOUGLAS P. SCOTT,
    Director
    Illinois Environmental
    Protection Agency
    MATTHEW
    J.
    DU1\N, Chief
    Environmental Enforcement!
    Asbestos Litigation Division
    BY
    BY:
    THOMAS DAVIS, Chief
    ROBERT A.
    MESSINA
    Environmental Bureau
    Chief Legal
    Counsel
    Assistant Attorney General
    DATE:
    $7’
    DATE:
    \\
    YETTER
    MANUFACTURING,
    CO.
    BY
    WHA,
    MUFACTUR1NG, CO.
    BERNARD F. WHALEN
    President
    DATE:
    13

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