Q%I
    Mi6k2
    02609
    STATE
    OF
    ILLINOIS
    POlltjn
    Control
    Board
    OFFICE
    OF
    THE ATTORNEY
    GENERAL
    STATE OF
    ILLINOIS
    Lisa
    Madigan
    ATTORNEY
    GENERAL
    August
    18,
    2009
    hn
    T.
    Theria,
    Asistnt
    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.
    Illinois Valley
    Paving
    Co.,
    Inc.
    PCB No. 09-40
    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,
    Step
    e
    J.
    nasie
    Environmental
    Bureau
    500
    South Second
    Street
    Springfield,
    Illinois 62706
    (217) 782-9031
    SJJ/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

    BEFORE
    THE
    ILLINOIS
    POLLUTION
    CONTROL
    BOARD
    PEOPLE
    OF
    THE STATE
    OF ILLINOIS,
    )
    CompIanant,
    vs.
    )
    PCB No. 09-40
    ILLINOIS
    VALLEY
    PAVING
    COMPANY,
    )
    INC.,
    Respondent.
    NOTICE
    -___
    OF FILING
    To:
    Edward
    R.Gower
    Hinshaw
    &
    Culbertson
    LLP
    LUt.OIS
    400 S.
    Ninth Street,
    Ste.
    200
    s
    oard
    Springfield,
    IL 62701
    p
    00
    Ofl
    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
    Liatiovis//.
    S
    ‘IANASIE
    Assista
    t
    Attorney General
    Environmental
    Bureau
    500
    South
    Second
    Street
    Springfield,
    Illinois
    62706
    217/782-9031
    Dated:
    August 18,
    2009

    CERTIFICATE
    OF
    SERVICE
    I hereby
    certify that I
    did on August 18,
    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:
    Edward R.
    Gower
    Hinshaw
    &
    Culbertson
    LLP
    400 S
    Ninth
    Street Ste
    200
    Sprirgfik
    L 627;1
    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
    STE’’F4EVJ.
    /ANASIE
    Assistan{’Attrney
    General
    This
    filing
    is
    submitted on
    recycled
    paper.

    BEFORE
    THE ILLINOIS
    POLLUTION
    CONTROL
    BOARD
    PEOPLE
    OF THE
    STATE
    OF ILLINOIS,
    )
    Complainant,
    vs.
    )
    PCB
    No. 09-40
    )
    ILLINOIS
    VALLEY
    PAVING COMPANY,
    )
    CVED
    INC.,
    )
    CLERK’S
    OFFIGE
    Respondent.
    )
    AUG20
    2009
    STATE
    OF
    IWNOIS
    Pc$lutiofl
    Control
    Board
    WiU1kJi’
    FU
    RiLi-
    rWI1
    Aric
    i URtivEi
    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)
    (2008), 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)
    (2008).
    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)
    (2008).
    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 5131(c)(1) (2008).
    500
    South
    Second
    Street
    Springfield,
    Illinois 62706
    217/782-9031
    Dated:
    August 18,
    2009
    Respectfully
    submitted,
    PEOPLE OF THE STATE OF ILLINOIS
    LISA MADIGAN
    ATTORNEY GENERAL
    MATTHEWJ. DUNN, Chief
    Environmental Enforcement/Asbestos
    L
    BY
    ;IE
    Er
    l Bureau
    Assistant Attorney General
    2

    BEFORE THE ILLINOIS
    POLLUTION
    CONTROL
    BOARD
    PEOPLE
    OF THE STATE
    OF ILLINOIS,
    )
    Complainant,
    V.
    )
    PCB
    No. 09-40
    )
    ILLINOIS
    VALLEY PAVING
    )
    COMPANY,
    INC.
    )
    Respondent.
    )
    MJG’Z0
    2009
    STIPULATION AND
    PROPOSAL FOR
    SETTLMN1DF
    ILLINOIS
    pollution
    Control
    Boar
    The
    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
    ILLINOIS
    VALLEY
    PAVING
    COMPANY,
    INC.
    (“Respondent”)
    (‘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.
    In
    conjunction
    with
    this
    Stipulation, 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,
    the Respondent
    was
    and is an
    Illinois
    corporation
    in good
    standing
    that is authorized
    to
    transact
    business
    in
    the State of
    Illinois.
    4.
    At all times relevant
    to the Complaint,
    the Respondent owned and operated
    a
    temporary concrete
    batch plant (“the site”) which
    is
    located
    inside the
    northwest
    portion of
    the
    “cloverleaf” intersection of
    1-74 and
    1-474
    just
    west of Peoria,
    Peoria County,
    Illinois.
    The site is
    located near an unnamed tributary of Kickapoo
    Creek and storm water and other runoff from
    the
    site
    flow into this waterway.
    5.
    On March 4, 2005, Lyle Ray (“inspector”) of
    the
    Illinois EPA’s Peoria Regional
    Office performed an inspection at the site. At that time,
    the
    Respondent conducted operations
    on the site even though the site’s
    silt
    fences were inadequate.
    6.
    On June 16,
    2005,
    the inspector
    re-inspected
    the
    site
    and
    found the
    Respondent
    using the site for washing out
    the
    remains of concrete residue from tandem dump
    trucks, which
    overwhelmed
    the
    erosion control
    devices. As a
    result
    of
    the runoff, the water
    containing concrete and residues entered the Kickapoo Creek via an unnamed
    tributary.
    Water
    samples of the runoff
    showed elevated levels
    of pH and Total
    Suspended Solids.
    7.
    On July 28,
    2005, the
    inspector
    conducted a re-inspection and found the
    concrete residues in the tributary to Kickapoo Creek were heavier than
    during the previous visit.
    B.
    Allegations
    of Non-Compliance
    The
    Complainant contends that the Respondent has violated the
    following provisions of
    the Act and
    Board regulations:
    2

    Count I:
    Section 12(a) of the Act,
    415
    ILCS
    5/12(a)
    (2006),
    Section
    302.203 of
    the
    Illinois
    Pollution Control Board’s Water Quality
    Standards,
    35 Ill. Adm. Code 302.203.
    The Respondent
    caused
    water
    pollution
    by
    discharging
    contaminant-laden stormwater runoff
    into the Kickapoo Creek
    via
    an unnamed
    tributary and also caused waters of
    the State to
    contain sludge or
    bottom
    deposits, floating
    debris, visible oil,
    odor,
    plant
    or algal
    growth,
    color
    or turbidity of other than natural origin,
    by discharging contaminant-laden
    stormwater runoff into the
    Kickapoo Creek
    via an unnamed tributary.
    Count
    II:
    Section 12(f) of the Act, 415 ILCS
    5/12(f) (2006).
    The Respondent violated the terms of
    its
    NPDES
    permit number
    !Lr2436
    b” fWnc
    ft [ment
    DdeQu:te
    erosior cor.trols
    t
    the site.
    C.
    Non-Admission of Violations
    The Respondent neither admits nor denies the violations alleged in
    the Complaint
    filed
    in
    this matter and referenced herein.
    D.
    Compliance Activities to Date
    The Respondent’s concrete batch plant was a temporary operation, and all equipment
    has now
    been removed
    from
    the Site.
    Ultimately,
    the property
    will
    be
    transferred
    to
    the Illinois
    Department of
    Transportation.
    The
    Respondent has implemented a number of erosion
    controls
    at the Site,
    including
    the
    application of top
    soil, seed,
    and
    straw
    mulch. Subsequent to the March 4, 2005 inspection, the
    Respondent
    constructed
    additional silt
    fences.
    Erosion controls have also been placed around
    the receiving
    ditch that is the subject of the Complaint referenced
    herein. The
    Respondent
    has
    implemented and applied
    erosion controls
    to
    the satisfaction of the Illinois EPA; however,
    additional
    grass
    cover needs
    to
    take root before the Site achieves
    final stabilization and
    the
    Respondent
    may terminate the
    general NPDES stormwater permit.
    3

    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 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
    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
    4

    the purchaser or successor provide to
    the
    Respondent
    site access
    and all cooperation
    necessary for the Respondent to perform to completion
    any
    compliance
    obligations
    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 requireniehts 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.
    NI. IMPACT ON THE PUBLIC RESULTING FROM ALLEGED NON-COMPLIANCE
    Section
    33(c) of
    the Act, 415
    ILCS
    5133(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.
    5

    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
    failure
    to
    implement
    adequate
    erosion
    controls
    at
    the Site
    and
    the
    discharge
    of contaminant-laden
    stormwater
    runoff
    into the
    Kickapoo
    Creek via an
    unnamed
    tributary,
    in
    violation
    of the
    Respondent’s
    general
    NPDES
    stormwater
    permit.
    2.
    A
    temporary
    concrete
    batch plant
    has
    social and
    economic
    value.
    3.
    Operation
    of the
    facility was
    suitable
    for
    the
    area in
    which
    it occurred.
    4.
    Maintaining
    adequate
    erosion controls
    in compliance
    with the
    Respondent’s
    general
    NPDES stormwater
    permit is both
    technically
    practicable
    and
    economically
    feasible.
    5.
    The 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.
    2.
    the duration
    and gravity
    of the violation;
    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;
    6

    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 the
    Stipulation state
    as follows:
    I
    The
    Respondent
    failed
    to irnk
    rnertaequate
    erosion contro
    •atthe
    Site,
    in
    violation of
    the Respondent’s
    general NPDES
    stormwater permit,
    and caused
    water
    pollution
    through
    the discharge
    of
    contaminant-laden
    stormwater
    runoff
    into
    the Kickapoo Creek
    via
    an
    unnamed
    tributary.
    The violations
    began on or around
    March 4, 2005, and
    were individually
    resolved at
    various times
    in the
    following
    three years.
    2.
    The
    Respondent
    was
    diligent
    in attempting to
    come back
    into compliance with
    the Act, Board
    regulations and
    applicable federal
    regulations,
    once the
    Illinois
    EPA notified
    it of
    its
    noncompliance.
    3.
    The
    Respondent’s
    economic
    benefit
    of
    noncompliance
    was nominal.
    4.
    The
    Complainant
    has
    determined, based
    upon the
    specific
    facts of this matter,
    that
    a
    penalty of
    Fifteen Thousand
    Two Hundred
    Dollars
    ($15,200.00) will
    serve
    to deter
    further
    violations and
    aid in future voluntary
    compliance
    with the Act and
    Board regulations.
    5.
    The
    Respondent
    was
    the subject
    of a 1990 enforcement
    action
    arising from an
    Illinois
    EPA Bureau
    of Air
    referral.
    The matter was
    resolved
    by
    settlement agreement,
    with
    no
    admission
    of violations,
    and the
    payment of
    a
    $15,000
    penalty. The
    settlement agreement
    was
    accepted
    by
    an
    Order of
    the Board. The
    prior enforcement
    action
    occurred nearly twenty
    years
    7

    ago and involved dissimilar violations,
    so
    no
    enhancement of the penalty was made on the
    basis
    of the prior enforcement
    action.
    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 Fifteen Thousand
    Two
    Hundred Dollars ($15,200.00)
    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 attorney’s
    fees.
    2.
    Pursuant
    to Section 42(g) of the Act, interest
    shall accrue on any penalty amount
    owed
    by
    the Respondent not paid within the time prescribed
    herein. Interest on
    unpaid
    penalties shall begin to accrue from the date such are due and
    continue to accrue to the date
    full payment is
    received.
    Where partial payment
    is
    made
    on
    any
    penalty
    amount that is due,
    such partial payment
    shall
    be first
    applied
    to
    any interest on unpaid penalties then owing.
    8

    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
    numbershall appear
    on
    the face
    of
    the certified
    check or money order. A
    copy
    of
    the
    certified check or money order
    and
    any
    transmittal letter shall be sent to:
    Environmental
    Bureau
    Illinois Attorney General’s
    Office
    500
    South Second
    Street
    Springfield, Illinois 62706
    D.
    Future Compliance
    1.
    The Respondent shall continue to maintain erosion controls at the
    Site
    to
    ensure
    compliance
    with
    the Act and applicable state
    and federal regulations. The Respondent shall
    also
    continue
    to
    maintain erosion controls and increase grass cover on the Site in
    order
    to
    achieve final stabilization,
    terminate
    the
    Site’s general
    NPDES stormwater permit, and ultimately
    transfer the Site to
    Illinois Department of Transportation.
    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 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
    9

    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 Respondent
    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
    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
    Inconsideration
    of the
    Respondent’s
    payment
    of the
    $15,200.00
    penalty, its
    commitment
    to
    Cease
    and
    Desist as
    contained
    in Section
    V.D.4
    above,
    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 the
    Complainant’s
    Complaint
    filed
    in conjunction
    with
    this
    Stipulation.
    The Complainant
    reserves,
    and
    this
    Stipulation
    is
    without
    prejudice
    to,
    all
    rights of
    the
    State of
    Illinois
    against
    the
    Respondent
    with
    respect
    to all other
    matters,
    including
    but not
    limited
    to, the following:
    a.
    criminal
    liability;
    b.
    liability
    for future
    violation
    of
    state, federal,
    local,
    and
    common
    laws
    and/or
    regulations;
    c.
    liability
    for
    natural
    resources
    damage
    arising
    out
    of
    the
    alleged
    violations;
    and
    d.
    liability
    or claims
    based on
    the Respondent’s
    failure to
    satisfy
    the
    requirements
    of
    this
    Stipulation.
    10

    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.
    Correspondence,
    Reports and
    Other
    Documents
    Any and
    all correspondence,
    reports and
    any
    other
    documents
    required
    under this
    Stipulation, except
    for penalty payments,
    shall
    be
    submitted as
    follows:
    As to
    the
    Complainant
    Stephen
    J. Janasie
    Assistant
    Attorney General
    Environmental
    Bureau
    500
    South Second
    Street
    Springfield, Illinois
    62702
    As
    to
    the
    Illinois
    EPA
    Chad Kruse
    Assistant
    Counsel
    Illinois EPA
    1021
    North
    Grand
    Avenue
    East
    P.O.
    Box 19276
    Springfield,
    Illinois
    62794-9276
    As to the
    Respondent
    Edward R.
    Gower
    Hinshaw &
    Culbertson
    LLP
    400 South
    Ninth Street, Suite
    200
    Springfield,
    Illinois 62701-1908
    11

    G.
    Enforcement and Modification
    of Stipulation
    I
    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.
    2.
    The Parties
    to
    the Stipulation
    may, by
    mutual written consent,
    agree
    to
    extend
    any compliance
    dates or
    modify
    the terms
    of this
    Stipulation. A request for any
    modification
    shall
    be
    made in
    writing and
    submitted to the contact
    persons identified in Section V.G.
    Any
    such request shall be
    made by separate document, and shall not be
    submitted within any other
    report or submittal
    required by this Stipulation. Any such agreed
    modification
    shall
    be
    in writing,
    signed by authorized
    representatives of the Parties to
    the Stipulation.
    H.
    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 this
    Stipulation request
    that the
    Board
    adopt and accept
    the
    foregoing Stipulation and Proposal for Settlement as written.
    PEOPLE OF
    THE STATE OF ILLINOIS,
    LISA
    MADIGAN
    Attorney General
    State of
    llinois
    MATTHEWJ.
    DUNN, Chief
    Environmental Enforcement!
    Asbestos Litigation
    Division
    BY:
    THOMAS
    DAVIS, Chief
    Environmental
    Bureau
    Assistant Attorney
    General
    DATE:
    / /
    5/
    27/i7
    THE ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY
    DOUGLAS P. SCOTT,
    Director
    Illinois Environmental Protection Agency
    BY:
    R
    BERT .MESSIN
    Chief
    Legal Counsel
    DATE:
    ILLINOIS
    VALLEY PAVING, INC.
    BY:
    /1’
    C?
    JAMES P.
    BRUNER
    Vice
    President
    13

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