OFFICE OF
STATE
THE ATI’ORNEY
OF ILLINOIS
GENERAL
0C7
3020
09
STATE
I
ATTORNEY
Lisa Madigan
GENERAL
OIutiori
Control
BOd
October 28, 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. J. B. Timmermann Farms
PCB No. 07-70
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,
f
Jane E. McBride
Environmental Bureau
500 South Second
Street
Springfield, Illinois 62706
(217) 782-9031
JEM!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
M,,n
T1Onr, .2Qfl1 • ocic c2o..cnn
•
99’v. (77
7çcQ •
(;11’ cçMc
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL BOARD
PEOPLEOFTHESTATEOF
)
ILLINOIS,
)
LRK’S
OFFICE
OCTn
Complainant,
)
STh
2
OF
ILLJNO,
vs.
)
PCB
No.
07-70
OlIUt
Control
9oarj
)
(Enforcement
- Water)
J. B.
TIMMERMANN
FARMS,
LTD.,
)
an
Illinois
corporation,
)
Respondent.
NOTICE
OF FILING
To:
James
Richard
Myers
LeFevre
Oldfield
Myers
Apke
& Payne
Law
Group.
Ltd.
303
S.
Seventh
St.,
P.O.
Box
399
Vandalia,
IL 62471
PLEASE
TAKE
NOTICE
that
on this
date
I mailed
for filing
with
the
Clerk
of the
Pollution
Control
Board
of
the
State
of
Illinois
an 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:____________________
/4ANE
E.
McBRIDE
Sr.
Assistant
Attorney General
Environmenta[
Bureau
Attorney
ID.
#6285057
500
South
Second
Street
Springfield,
Illinois
62706
217/782-9031
Dated:
October
28,
2009
CERTIFICATE
OF SERVICE
°
302009
Pj7
I hereby
certify that
I did on
October
28,
2009, send
by U.S.
mail,
first
class 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:
James
Richard
Myers
LeFevre
Oldfield
Myers
Apke &
Payne Law
Group,
Ltd.
303 S.
Seventh
St.,
P.O.
Box
399
Vandalia,
IL
62471
and
the
original and
ten
copies of the
Notice of
Filing
by
First Class
Mail with
postage
thereon
fully
prepaid of the
same
foregoing
instrument(s):
To:
John
T.
Therriault,
Assistant Clerk
Illinois
Pollution
Control
Board
James
R. Thompson
Center
Suite 11-500
100 West
Randolph
Chicago,
Illinois 60601
A copy
of the
Notice
of Filing 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
)a11e
E. McBride
Sr. Assistant
Attorney
General
This
filing is
submitted
on recycled
paper.
BEFORE
THE ILLINOIS
POLLUTION
CONTROL
BOARp
PEOPLE
OF
THE
STATE
OF ILLINOIS,
)
Complainant,
)
Ol!Utj
STATE
OF
Control
ILLINO,
8oad
vs.
)
PCB No.
07-70
(Enforcement
- Water)
J. B.
TIMMERMANN
FARMS,
LTD.,
an Illinois
corporation,
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)
(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
5/31(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
5/31(c)(1) (2008).
Respectfully submitted,
PEOPLE
OF THE STATE
OF ILLINOIS
LISA MADIGAN
ATTORNEY
GENERAL
MATTHEWJ.
DUNN, Chief
Environmental Enforcement/Asbestos
Litigation
Division
BY:________________________
JANE E.
McBRIDE
Environmental
Bureau
Sr. Assistant Attorney
General
500
South Second
Street
Springfield,
Illinois 62706
217/782-9031
Dated:
October 28,
2009
2
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOA4<VE
PEOPLE
OF
THE
STATE
OF ILLINOIS,
)
OCT
30
Complainant,
pgT1
v.
)
PCB NO.
07-70
)
(Enforcement
- Water)
J. B.
TIMMERMANN
FARMS,
LTD.,
)
an Illinois
corporation
)
Respondent.
)
STIPULATION
AND
PROPOSAL
FOR
SETTLEMENT
Complainant,
PEOPLE
OF THE STATE
OF
ILLINOIS,
by LISA MADIGAN,
Attorney
General
of
the State
of Illinois,
the Illinois
Environmental
Protection
Agency
(“Illinois
EPA”),
and
J.B.
TIMMERMANN
FARMS,
LTD.
(“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 etseq.
(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 January
29, 2007,
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
1
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,
Respondent
was and is an
Illinois
corporation
that
is
authorized to
transact business in
the State of
Illinois. At all times
relevant
to
the
Complaint,
Respondent
owned and
operated a dairy
operation
consisting of approximately
675
milking cows,
located on the north
side of Highline
Road,
in
Section 28 of Breese
Township,
Clinton
County, Illinois
(“facility”
or “site”).
B.
Allegations of
Non-Compliance
Complainant and
the Illinois EPA
contend that
the
Respondent
has violated the
following
provisions of
the Act and
Board regulations:
Count
I
1.
By
causing and
threatening
to
cause
water pollution,
and by
violating
the water
quality
standard
of
Section 302.203 of
the Board’s
Water Pollution
Regulations,
35 Ill. Adm.
Code
302.203,
and
the dissolved
oxygen standard of
Section 302.206
of the
Board’s
Water
Pollution
Regulations,
35111. Adm. Code
302.206, the
Respondent has
violated Section
2 1(a) of
the Act,
415 ILCS
5/12(a).
Count
II
2.
By
causing,
allowing
or threatening
the
discharge
of contaminants into
waters of
the
State without
an NPDES permit,
the
Respondent
has violated
Section
1 2(f) of the
Act,
415
ILCS
5/12(f),
and
Section
309.102(a)
of the
Board’s
Water
Pollution Regulations,
35 Ill. Adm.
2
Code
309.102(a).
Count
III
3.
By
failing
to properly
maintain
the facility
livestock
waste lagoon
to ensure
adequate
storage
capacity
so
that
an overflow
does not
occur,
Respondent
has
violated
Section
501.404(c)(3)
of
the Board’s
Agriculture
Related
Pollution
Regulations, 35
Ill. Adm.
Code
501 .404(c)(3).
4.
By
failing
to
adequately
divert
clean
water
from the
facility
waste handling
system
and
storage,
Respondent has
violated
Section
501.403(a)
of
the
Boards
Agriculture
Related
Pollution
Regulations,
35111.
Adm.
Code
501.403(a).
5.
By
causing
or
allowing
the deposit
of contaminants
on
the
land
in
such
a place
and
manner
as
to
create
a water
pollution
hazard,
Respondent has violated
Section
12(d) of
the
Act,
415
ILCS
5/12(d).
C.
Non-Admission
of Violations
The
Respondent
neither
admits
nor
denies
the
violation(s)
alleged
in the
Complaint
filed
in this
matter
and
referenced
herein.
D.
Compliance
Activities
to Date
1.
The
Respondent
has retained
the
services
of
a
consulting
engineer
to
conduct
a
site
study
and
provide
an engineering
plan
to install
and implement
livestock
waste
and
silage
handling
corrective
measures.
Said
study
and
plan
was approved
by the
Illinois
EPA in
April
2009.
2.
The
Respondent
has
submitted
an NPDES
permit
application
and,
as part of
that
application, a
Comprehensive Nutrient
Management
Plan
for
the illinois
EPA’s
approval.
3
II. APPLICABILITY
This
Stipulation
shall apply
to and
be
binding
upon the Complainant,
the Illinois
EPA
and
the
Respondent,
and any officer,
director, agent,
or
employee
of the
Respondent,
as well as
any
successors
or assigns
of the
Respondent.
The
Respondent
shall
not
raise
as a defense
to any
enforcement
action
taken
pursuant
to this
Stipulation
the failure
of
any
of its
officers,
directors,
agents,
employees
or
successors
or
assigns
to take such
action
as
shall be required
to comply
with the
provisions
of this
Stipulation.
This
Stipulation
may be
used against
the
Respondent
in
any
subsequent
enforcement
action
or permit
proceeding
as
proof
of a past
adjudication
of
violation
of
the
Act and
the
Board
Regulations
for
all
violations
alleged in
the
Complaint
in this
matter,
for purposes
of Sections
39
and 42
of the Act,
415 ILCS
5/39
and 42
(2006).
The Respondent
shall notify
each
contractor to
be retained
to perform
work required
in
this
Stipulation
of
each
of
the
requirements
of
this
Stipulation
relevant
to the activities
to be
performed
by
that
contractor,
including
all
relevant
work
schedules
and
reporting
deadlines,
and
shall
provide
a copy of
this Stipulation
to
each contractor
already
retained
no
later than
thirty
(30) calendar
days after the
date of
entry
of
this Stipulation.
In
addition,
the
Respondent
shall
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
4
the conveyance
of
title, ownership
or other interest,
including a leasehold
interest
in the
facility
or a
portion thereof
The
Respondent
shall make as
a
condition of
any such sale or transfer,
that
the purchaser
or successor
provide
to Respondent
site access and
all cooperation
necessary
for
Respondent
to
perform
to
completion
any
compliance
obligation(s)
required by this
Stipulation.
The
Respondent
shall
provide
a copy of
this
Stipulation to any such
successor
in interest and the
Respondent
shall
continue
to be
bound by
and
remain liable for performance
of
all obligations
under
this
Stipulation.
In appropriate
circumstances,
however,
the Respondent
and a proposed
purchaser
or
operator
of
the
facility
may jointly
request, and the
Complainant
and the Illinois
EPA,
in their
discretion,
may
consider
modification
of this Stipulation
to
obligate
the proposed
purchaser
or operator
to carry out
future
requirements
of this Stipulation
in place
of, or in
addition to,
the
Respondent.
This
provision does not
relieve
the
Respondent from
compliance
with any
regulatory
requirement
regarding notice
and transfer of
applicable facility
permits.
III.
IMPACT
ON
THE PUBLIC
RESULTING
FROM
ALLEGED
NON-COMPLIANCE
Section 33(c)
of
the Act,
415 ILCS
5/33(c)(2006), provides
as
follows:
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
5
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.
Documented
discharges from
both the livestock waste
lagoon and
the silage
storage area
resulted in a
violation of water
quality
standards,
including a violation
of the
dissolved oxygen
standard. The
discharges
of
contaminants
from the Defendants
facility have
caused,
threatened
or
allowed water pollution
in that such
discharges have
rendered the waters
of
the
State
harmful,
detrimental
and/or injurious
to
public
health, safety and/welfare,
and to
recreational
and other
legitimate uses, including
the support
of wild animals,
birds, fish and/or
other aquatic
life and
the discharges
created
a
nuisance.
2.
There
is social and
economic benefit to the
facility when
it
is
operated in
compliance
with
the state’s
environmental
regulations.
3.
Operation of the
facility, in
compliance
with
the state’s
environmental regulation,
is
suitable
for
the
area in which
it occurred.
4.
Operating the subject
dairy
facility
in
compliance
with the state’s
environmental
regulations
is both
technically
practicable and
economically
reasonable.
5.
Respondent
is in the process
of
bringing
this facility
into
compliance 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,
6
the Board is
authorized
to
consider
any matters of
record in mitigation
or
aggravation
of penalty,
including
but
not limited
to the
following
factors:
L
the
duration and
gravity of the violation;
2.
the
presence or
absence
of
due
diligence
on the part of the
respondent
in
attempting to comply
with
requirements
of this Act and
regulations
thereunder
or to
secure relief therefrom
as provided by this
Act;
3.
any
economic benefits accrued
by
the
respondent because of
delay in
compliance with requirements,
in which case
the
economic
benefits shall
be
determined by the lowest
cost
alternative
for achieving compliance;
4.
the
amount of
monetary
penalty which
will serve to deter further
violations
by
the respondent
and to
otherwise aid in enhancing
voluntary
compliance
with
this
Act
by
the respondent
and other persons
similarly
subject
to
the Act;
5.
the
number, proximity
in time, and
gravity of previously
adjudicated
violations
of
this
Act
by
the respondent;
6.
whether
the
respondent
voluntarily
self-disclosed,
in accordance with
subsection i of this Section,
the non-compliance
to the
Agency; and
7.
whether the respondent
has
agreed
to undertake a
“supplemental
environmental
project,”
which means
an
environmentally
beneficial
project
that a respondent
agrees
to
undertake in settlement
of an
enforcement
action
brought under this
Act, but
which
the respondent is
not
otherwise legally
required to
perform.
In
response to these factors,
the parties
to this Stipulation
state as follows:
The
discharge
violations
were
first reported August
30,
2004 and
were observed
by
the Illinois
EPA
on August
31. As of September
14,
2004,
the
receiving stream
water was
still discolored.
Dissolved
oxygen was still
low as of
September
14, 2004. Respondent
submitted
an
acceptable
engineering
report in early 2009,
and
submitted a
Comprehensive
Nutrient
Management
Plan to complete
the facility’s
NPDES
application
in June 2009.
2.
Respondent
has agreed to bring
his
facility
into
compliance.
7
3.
The subject
facility
lacked appropriate
clean
water diversion
structures
and
practices
appropriate
to keep
storm
water out of
the waste
handling
system, thereby
failing
to
preserve
storage
capacity.
Further, the
subject
facility failed
to properly
manage
silage storage
and
leachate runoff.
The
estimated
cost of
the engineering
study, plan
development
and
implementation
of
corrective
measures
is
$70,000
to
$100,000.
Using
a
conservative
compliance
cost
estimate
fo
$70,000,
and a
compliance
date of June
1, 2009,
yields an
economic
benefit
amount
of
$10,379.00.
4.
Complainant
and
the
Illinois
EPA
have
determined,
based
upon
the specific
facts
of
this matter,
that a penalty
of
Fifteen
Thousand
($15,000.00)
will
serve
to deter
further
violations
and
aid in future
voluntary
compliance
with
the
Act and
Board regulations.
5.
To Complainants
and
the
Illinois
EPA’s
knowledge,
Respondent
has no
previously
adjudicated
violations
of
the Act.
6.
Pursuant
to 35 Ill. Adm.
Code
580.105(a),
Respondent
was
under the obligation
to report
the discharges
and
he failed
to do so
until instructed
to
by
the Illinois
EPA who
responded
to the
discharges.
7.
The
settlement
of
this matter
does not
include
a
supplemental
environmental
project.
V.
TERMS
OF SETTLEMENT
A.
Penalty
Payment
1.
The
Respondent
shall
pay
a
civil
penalty
in the sum
of Fifteen
Thousand
Dollars
($
15,000.00)
within thirty
(30) days
from
the
date
the Board
adopts and
accepts
this Stipulation.
8
B.
Stipulated
Penalties,
Interest and Default
1.
If
the Respondent
fails
to
complete any
activity or fails to
comply
with
any
response
or
reporting
requirement
by the date specified
in this Stipulation,
the Respondent
shall
provide
notice
to
the
Complainant
and the Illinois EPA
of each failure to
comply with
this
Stipulation
and
shall
pay stipulated
penalties
in
the
amount
of$
25.00 per
day until such
time
that
compliance is
achieved. The
Complainant may
make a demand for stipulated
penalties upon
the
Respondent
for
its
noncompliance
with this Stipulation.
However,
failure
by
the
Complainant
to
make
this demand
shall not relieve
the
Respondent
of the obligation to
pay
stipulated
penalties.
All
stipulated
penalties shall be
payable
within
thirty
(30) calendar
days of
the date
the
Respondent
knows
or should have known
of
its
noncompliance
with any provision
of this
Stipulation.
2.
If
the
Respondent
fails to make any payment
required
by
this Stipulation
on or
before
the
date
upon
which
the
payment is due, the
Respondent
shall
be in
default and
the
remaining
unpaid
balance of the penalty,
plus
any
accrued
interest, shall be
due and
owing
immediately.
In the
event of default, the
Complainant
shall be entitled to
reasonable
costs
of
collection.
3.
Pursuant
to
Section
42(g)
of
the Act,
interest shall accrue on
any
penalty
amount
owed
by
the
Respondent not paid
within the time prescribed
herein.
Interest
on
unpaid
penalties
shall begin to
accrue from the
date such are due and
continue
to
accrue
to the date full
payment
is
received.
Where partial payment
is made on any
penalty amount
that is due, such partial
payment
shall be
first
applied
to
any interest
on unpaid penalties
then owing.
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 Respondent’s
federal
tax
identification
number
shall appear
on
the
face
of the
certified check
or money
order.
A copy
of
the certified
check
or
money
order
and
any transmittal
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
cooperate
in
a timely
fashion
with
Illinois EPA
regarding
any
requests
for
additional
information
necessary
to allow
the Illinois
EPA
to
complete
its
review of
the
Defendant’s
NPDES Permit
application.
The
Defendant
shall,
within
twenty-one
(21) business
days
of receipt
of
any
such
request
for additional
information
from
the
Illinois
EPA,
provide the
requested
information
to
the
Illinois
EPA.
Upon
issuance
of
an
NPDES
Permit,
the
Defendant
shall comply
with all
requirements
contained
therein.
2.
By
October
1,
2009, the
Respondent
shall
fully
implement,
complete
construction
and
bring
all installation
and
practices
called
for
in
the facility’s
approved
engineering
plan and
Comprehensive
Nutrient
Management
Plan
into
operation.
10
3.
Respondent shall weekly
record
the freeboard level of
the facility’s livestock
waste
lagoon,
and shall maintain
records of all
land application events,
including amounts
of
waste
applied
and the
location
at
which the waste
was applied, and
submit both the
freeboard
and
land
applications
records
to the Illinois
EPA
on
a
monthly
basis. Respondent
shall submit
these
records
on the
first of
each month.
Respondent shall initiate
this practice immediately
and
continue
it until
all
installments,
construction
and
practices called
for in the facility’s
approved
engineering
plan
have been
implemented and
are operational.
4.
The
Illinois
EPA, its employees
and
representatives,
and the Attorney
General,
her employees and
representatives,
shall have the
right of
entry
into and upon the
Respondent’s
facility which is
the subject of this
Stipulation,
at all
reasonable
times
for the purposes
of
conducting
inspections
and
evaluating compliance
status. In
conducting such inspections,
the
Illinois EPA, its
employees and
representatives,
and the Attorney
General, her employees
and
representatives,
may take
photographs, samples,
and
collect
information, as
they deem
necessary.
4.
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.
5.
The
Respondent
shall
cease and
desist from future
violations
of
the
Act and
Board Regulations
that
were
the subject matter
of the Complaint.
11
E.
Release
from Liability
In
consideration
of
the Respondent’s
payment
of the
$15,000.00
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 Complainant’s
Complaint
filed on January
29, 2007.
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.
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:
12
As to the
Complainant
Jane
E.
McBride
Sr.
Assistant Attorney
General
Illinois
Attorney
General’s
Office
Environmental Bureau
500
South Second
Street
Springfield,
Illinois
62702
As
to
the Illinois EPA
Joey Logan
Wilkey
Assistant
Counsel
Illinois
EPA
1021
North Grand
Avenue East
P.O. Box
19276
Springfield,
Illinois
62794-9276
Joseph
D. Stitely
Bureau
of
Water
Illinois
EPA
2309 W.
Main St.
Marion,
Illinois
62794-9276
As
to the
Respondent
Mr.
James R.
Meyers,
Esq.
LEFEVRE
OLDFIELD
MYERS
APKE
&
PAYNE
LAW
GROUP,
LTD
303 S.
Seventh
Street
P0 Box
399
Vandalia,
IL 62471
David
Timmermann
J.B. Timmermann Dairy
Farm
11601
South Germantown
Rd.
Breese, Illinois 62230
G.
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.
13
2.
The
Complainant,
in consultation
with
the Illinois
EPA, and the Respondent
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.0.
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
each
party to this
Stipulation.
H.
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.
14
WHEREFORE,
the parties
to this
Stipulation
request
that
the Board adopt
and
accept
the
foregoing
Stipulation
and
Proposal
for Settlerneni
as written.
PEOPLE
OF THE
STATE
OF
ILLINOIS,
LISA
MADIGAN
Attorney
General
State
of Illinois
MATTHEW
J.
DUNN,
Chief
Environmental
Enforcement!
Asbestos
Litigation
Division
BY:
THOMAS
DAVIS, Chief
Environmental
Bureau
Assistant
Attorne’
General
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FOR
THE
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY
DOUGLAS
P. SCOTT,
Director
Illinois
Environmental
Protection
Agency
BY:
L):TE:
Chief Legal
Counsel
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