ILLINOIS POLLUTION CONTROL BOARD

ORDER
IT IS SO ORDERED.

October 1, 2009

PEOPLE OF THE STATE OF ILLINOIS,

Complainant,

BARGER ENGINEERING, INC., an Indiana

corporation,

Respondent.

)

PCB 06-82

(Enforcement - Water)

OPINION AND ORDER OF THE BOARD (by G.T. Girard):

On December 1, 2005, the Office of the Attorney General, on behalf of the People of the

State of Illinois (People), filed a one-count complaint against Barger Engineering, Inc. (Barger

Engineering). On June 29, 2006, October 16, 2007, and September 15, 2008, the People filed

amended complaints. The five-count, third amended complaint concerns Barger Engineering’s

Phillipstown Unit Water Flood Plant located approximately five miles south of Crossville, two

wells on the CT Spencer lease, 1814 County Road 1750, Crossville, and a compression coupler

located on a flow line at the Everett Spencer #9 Production Well, 1814 County Road 1720,

Crossville, all in White County. The parties now seek to settle without a hearing. For the

reasons below, the Board accepts the parties’ stipulation and proposed settlement.

Under the Environmental Protection Act (Act) (415 ILCS 5 (2008)),

the Attorney

General and the State’s Attorneys may bring actions before the Board on behalf of the People to

enforce Illinois’ environmental requirements.

See

415 ILCS 5/31 (2008); 35 Ill. Adm. Code 103.

In this case, the People allege that Barger Engineering violated Sections 12(a), (d), and (f) of the

Act (415 ILCS 5/12(a), (d), (f) (2008)) and Sections 302.203 and 302.208(g) of the Board’s

water quality standards (35 Ill. Adm. Code 302.203 and 302.208(g)). The People further allege

that Barger Engineering violated these provisions by (1) causing or allowing discharges so as to

create offensive conditions of sludge and floating debris; (2) causing or allowing discharges so as

to cause chlorides to exceed the water quality standard; (3) causing or allowing discharges into

waters of the State without a National Pollutant Discharge Elimination System (NPDES) permit;

(4) causing or allowing discharges into waters of the State so as to cause or tend to cause water

pollution; and (5) causing or allowing deposits in close proximity to waters of the State so as to

create water pollution hazards.

On August 27, 2009, the People and Barger Engineering filed a stipulation and proposed

settlement, accompanied by a request for relief from the hearing requirement of Section 31(c)(1)

of the Act (415 ILCS 5/31(c)(1) (2008)). This filing is authorized by Section 31(c)(2) of the Act

All citations to the Act will be to the 2008 compiled statutes, unless the provision at issue has

been substantively amended in the 2008 compiled statutes.

(415 ILCS 5/31(c)(2) (2008)), which requires that the public have an opportunity to request a

hearing whenever the State and a respondent propose settling an enforcement action without a

public hearing.

See

35 Ill. Adm. Code 103.300(a). The Board provided notice of the stipulation,

proposed settlement, and request for relief. The newspaper notice was published in the

Carmi

Times

on August 31, 2009. The Board did not receive any requests for hearing. The Board

grants the parties’ request for relief from the hearing requirement.

See

415 ILCS 5/31(c)(2)

(2008); 35 Ill. Adm. Code 103.300(b).

Section 103.302 of the Board’s procedural rules sets forth the required contents of

stipulations and proposed settlements.

See

35 Ill. Adm. Code 103.302. These requirements

include stipulating to facts on the nature, extent, and causes of the alleged violations and the

nature of Barger Engineering’s operations. Section 103.302 also requires that the parties

stipulate to facts called for by Section 33(c) of the Act (415 ILCS 5/33(c) (2008)), which bears

on the reasonableness of the circumstances surrounding the alleged violations. Barger

Engineering does not affirmatively admit the alleged violations. The stipulation also addresses

the factors of Section 42(h) of the Act (415 ILCS 5/42(h) (2008)), which may mitigate or

aggravate the civil penalty amount. Barger Engineering agrees to pay a civil penalty of $50,000.

In addition, Barger Engineering agrees to perform a Supplemental Environmental Project (SEP)

consisting of a $20,000 donation to the Illinois Petroleum Resources Board to fund cleanups of

abandoned oil production sites. The People and Barger Engineering have satisfied Section

103.302. The Board accepts the stipulation and proposed settlement.

This opinion constitutes the Board’s findings of fact and conclusions of law.

ORDER

The Board accepts and incorporates by reference the stipulation and proposed

settlement.

Barger Engineering must pay a civil penalty of $50,000 no later than November 2,

2009, which is the first business day following the 30th day after the date of this

order. Barger Engineering must pay the civil penalty by certified check or money

order payable to the Illinois Environmental Protection Agency for deposit into the

Illinois Environmental Protection Trust Fund. The case name, case number, and

Barger Engineering’s federal tax identification number must appear on the face of

the certified check or money order.

Barger Engineering must submit payment of the civil penalty to:

Illinois Environmental Protection Agency

Fiscal Services Division

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

Barger Engineering must send a copy of the certified check or money order and

any transmittal letter to:

Environmental Bureau

Illinois Attorney General’s Office

500 South Second Street

Springfield, Illinois 62706

Penalties unpaid within the time prescribed will accrue interest under Section

42(g) of the Environmental Protection Act (415 ILCS 5/42(g) (2008)) at the rate

set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)

(2008)).

No later than November 2, 2009, which is the first business day following the

30th day after the date of this order, Barger Engineering must pay, as a SEP,

$20,000 to the Illinois Petroleum Resources Board to fund cleanups of abandoned

oil production sites. Barger Engineering must pay the $20,000 sum by certified

check or money order made payable to Illinois Petroleum Resources Board.

Barger Engineering must submit payment of the $20,000 SEP sum to:

Charles Williams, Executive Director

Illinois Petroleum Resources Board

P.O. Box 941

Mt. Vernon, Illinois 62864

Barger Engineering must send a copy of the certified check or money order and

transmittal letter to:

Thomas Davis

Environmental Bureau

Illinois Attorney General’s Office

500 South Second Street

Springfield, Ilinois 62706

John Waligore

Division of Legal Counsel

Illinois Environmental Protection Agency

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

Barger Engineering must cease and desist from future violations of the

Environmental Protection Act and Board regulations that were the subject matter

of the third amended complaint.

IT IS SO ORDERED.

Section 41(a) of the Environmental Protection Act provides that final Board orders may

be appealed directly to the Illinois Appellate Court within 35 days after the Board serves the

order. 415 ILCS 5/41(a) (2008);

Illinois Supreme Court Rule 335 establishes filing requirements that apply when the Illinois

Appellate Court, by statute, directly reviews administrative orders. 172 Ill. 2d R. 335. The

Board’s procedural rules provide that motions for the Board to reconsider or modify its final

orders may be filed with the Board within 35 days after the order is received. 35 Ill. Adm. Code

101.520;

I, John Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the

Board adopted the above opinion and order on October 1, 2009, by a vote of 5-0.

___________________________________

John Therriault, Assistant Clerk

Illinois Pollution Control Board