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HomeMy WebLinkAboutRESOLUTION - 46-88 - 7/12/1988 - DEVON O'HARE TREATMENT PLANTRESOLUTION NO. 46-88 A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE CLERK TO SIGN A CONSENT DECREE BETWEEN THE PEOPLE OF THE STATE OF ILLINOIS, BY ITS ATTORNEY, NEIL F. HARTIGAN, ATTORNEY GENERAL AND THE VILLAGE OF ELK GROVE VILLAGE WHEREAS, the People of the State of Illinois, through its Attorney Neil F. Hartigan, Attorney General of the State of Illinois has filed a five (5) Count Complaint against the Village of Elk Grove Village with respect to alleged violations of Chapter 111h of the Illinois Revised Statutes; and WHEREAS, that said alleged violations pertain to the Village's operation of a certain wastewater treatment facility known as the Devon -O'Hare Treatment Plant located at Pan Am Boulevard and Delta Lane, Elk Grove Village; and WHEREAS, the Village and the Office of the Attorney General have conducted extensive negotiations with respect to the alleged violations and the Village's continuing effort to abate same; and WHEREAS, the Office of the Attorney General and the Illinois Environemental Protection Agency have reached an agreement with the Village of Elis Grove Village with respect to a resolve of this litigation, which agreement is in the form of a Consent Decree attached hereto and made a part hereof; NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, Illinois as follows: Section 1: That the Village President and Village Clerk are hereby authorized to execute an original and two (2) copies of the Consent Decree attached hereto by and between the People of the State of Illinois, Plaintiff, and the Village of Elk Grove Village, Defendant. Section 2: That the Village Attorney is directed to deliver the executed Consent Decree and signed copies to the Attorney General of the State of Illinois and in conjunction with the Office of the Attorney General cause said Consent Decree to be filed with the Circuit Court of Cook County, Illinois. Section 3: That this Resolution shall be in full force and effect from and after its passage and approval according to law. VOTES: AYES: 6 NAYS: 0 ABSENT: 0 APPROVED: Charles J. Zettek VILLAGE PRESIDENT ATTEST: Patricia S. Smith VILLAGE CLERK PASSED this 12th day of July , 1988. APPROVED this 12th day of July 1988. IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS CHANCERY DIVISION PEOPLE OF THE STATE OF ILLINOIS, Plaintiff, ) -vs- ) No. ELK GROVE VILLAGE, a } Municipal Corporation, ) Defendant. ) CONSENT DECREE Plaintiff, PEOPLE OF THE STATE OF ILLINOIS, by its attorney, Neil F. Hartigan, Attorney General of the State of Illinois, and Defendant, ELK GROVE VILLAGE, (hereinafter referred to as the "Village"), a municipal corporation, have agreed to the making of this Consent Decree. These stipulated facts shall be the findings of fact by this Court and the conclusions herein shall be the conclusions of law by this Court. I. STIPULATION OF USE AND AUTHORIZATION The parties stipulate that this Consent Decree is en- tered into for the purposes of settlement only and that neither the fact that a party has entered into this Consent Decree nor any of the facts stipulated herein shall be used for any purpose in this agreement. The undersigned representative for each party certifies that he is fully authorized by the party whom he rep- resents to enter into the terms and conditions of this Consent Decree and to legally bind the party he represents to the Consent Decree. - 1 - II. STATEMENT OF FACTS A. PARTIES 1. The Attorney General of the State of Illinois brings this action on his own Motion as well as at the request of the Illinois Environmental Protection Agency (hereinafter referred to as the "Agency") pursuant to the statutory authority vested in him under Section 42(e) of the Illinois Environmental Protection Act (hereinafter referred to as the "Act"), Ill.Rev.Stat. 1987, ch. 111 1/2, par. 1042(e). 2. The Agency is an agency of the State of Illinois created pursuant to Section 4 of the Act, Ill.Rev.Stat. 1987, ch. 111 1/2, par. 1004, and charged inter alia with the duty of enforcing the Act and issuing National Pollutant Discharge Eli- mination System (hereinafter referred to as "NPDES') permits. 3. Defendant, Village, at all times pertinent hereto, has been and is now a municipal corporation duly organized and existing under the laws of the State of Illinois and located in Cook and DuPage Counties. 4. Plaintiff, People of the State of Illinois, has contemporaneously herewith filed a Complaint in five counts.. Count I of the Complaint alleges that Village caused or allowed its discharge from the Devon -O'Hare Wastewater Treatment Plant (hereinafter referred to as "Devon -O'Hare") to exceed its NPDES permit limits regulating five-day Biochemical Oxygen Demand - 2 - (hereinafter referred to as "BODS"), Total Suspended Solids (hereinafter referred to as "TSS") pH and Fecal Coliform, in violation of Sections 12(a) and 12(f) of the Act, 35 Ill. Adm. Code 304.121, 304.125(a), 304.141 and 309.102(a). Count II alleges that the Village caused or allowed the flow of the waste- water to Devon -O'Hare to exceed the design maximum flow of 125,000 gallons per day as specified in its NPDES permit in violation of Sections 12(a) and 12(f) of the Act and 35 Ill. Adm. Code 309.102(a). Count III alleges: (1) that the Village caused or allowed its effluent to exceed limits for copper, lead, sil- ver, oil and grease in violation of Section 12(a) of the Act and 35 111. Adm. Code 304.124(a); (2) that the Village caused or allowed its effluent to fall below the pH range of 6 to 9 Stan- dard Units in violation of Sections 12(a) and 12(f) of the Act and 35 Ill.Adm. Code 304.125, 304.141 (b), 309.102 (a). Count IV alleges that the Village caused or allowed its effluent to: (1) cause Devon-O'Hare's receiving stream to exceed water quality standards for copper, lead, boron, and iron, in violation of Section 12(a) of the Act and 35 1ll. Adm. Code 302.208 and 304.105; (2) cause the pH level in the receiving stream to fall below a range of 6.5 to 9.0 Standard Units in violation of Section 12(a) of the Act and 35 Ill.Adm. Code 302.204 and 304.105. Count V alleges that the Village caused or allowed its effluent to exceed the limits of offensive discharges, which in turn caused Devon-O'Hare's receiving stream to exceed water quality standards for unnatural sludge in violation of Section - 3 - 12(a) of the Act and 35 Ill.Adm. Code 302.203, 304.105 and 304.106. 5. The Complaint further alleges that the violations occurred between January 1984 through the present. B. FACILITY DESCRIPTION 6. The Village at all times pertinent hereto, has owned and operated a wastewater treatment facility, Devon -O'Hare, located at Pan Am Boulevard and Delta Lane, in Elk Grove Village. Devon -O'Hare is located in DUPage County. Devon -O'Hare dischar- ges into an unnamed ditch tributary to Willow Creek and then to the Des Plaines River. 7. Devon -O'Hare services an industrial park which includes at least 18 firms classified as wet industrial users of the plant. 8. The Village is authorized to discharge wastewater from its facility pursuant to NPDES Permit No. IL0025674 issued by the United States Environmental Protection Agency (hereinafter, referred to as "USEPA") on April 30, 1975, effec- tive May 30, 1975, expired on August 1, 1979. 9. NPDES Permit continued in effect after August 1, 1979 pursuant to Section 16(b) of the Administrative Procedure Act, Ill.Rev.Stat. 1987, ch. 127, par. 1016(b). The NPDES Permit was reissued by the Agency on January 29, 1986, effective February 28, 1986 and expires on January 1, 1989. - 4 - C. EXISTING NON-COMPLIANCE WITH NATIONAL MUNICIPAL POLICY 10. The National Municipal Policy established by USEPA and codified in Section 301(i) of the federal Clean Water Act, 33 U.S.C.A. §1311(1) and the regulations promulgated thereunder requires municipalities to meet final effluent limitations as specified in their NPDES permits by July 1, 1988. 11. The Village's NPDES permit contains the following final effluent limitations: Contaminant BODS (Biochemical Oxygen Demand) TSS (Total Suspended Solids Fecal Coliform Limitation Time Period 10 mg/1 Monthly Average 12 mg/1 Monthly Average 400/100 ml Daily Maximum 12. Discharges from Devon -O'Hare have exceeded the above respective final effluent limitations as monthly averages for BODY and TSS and the daily maximum for Fecal Coliform during the following calendar months: Month Contaminant Concentration March, 1986 BOD5 18 mg/l TSS 29 mg/1 Fecal Coliform 660 April, 1986 BODS 38 mg/1 TSS 24 mg/l Fecal Coliform, 340 May, 1986 BODS 34 mg/l TSS 20 mg/l Fecal Coliform 450 June, 1986 BODS 27 mg/l TSS 16 mg/1 - 5 - July, 1986 BODS 24 mg/l TSS 33 mg/l August, 1986 BODS 20 mg/l TSS 16 mg/l September, 1986 BODS 24 mg/l TSS 18 mg/l October, 1986 BODS 32 mg/l TSS 41 mg/l November, 1986 BODS 32 mg/l TSS 42 mg/l December, 1986 BODS 30 mg/1 TSS 34 mg/l January, 1987 BODS 30 mg/l TSS 42 mg/l February, 1987 BODS 40 mg/l TSS 90 mg/l Fecal Coliform 480 March, 1987 BODS 40 mg/l TSS 62 mg/l Fecal Coliform >1,000 April, 1987 BODS 30 mg/l TSS 27 mg/l Fecal Coliform 650 May, 1987 BODS 21 mg/l TSS 36 mg/l June, 1987 BODS 36 mg/l TSS 21 mg/l July, 1987 BODS 45 mg/l TSS 42 mg/l August, 1987 BODS 20 mg/l TSS 16 mg/l Fecal Coliform >1,000 September, 1987 BODS 23 mg/l TSS 38 mg/l Fecal Coliform 610 October, 1987 BODS 28 mg/l TSS 32 mg/l Fecal Coliform >1,000 November, 1987 BODS 20 mg/l TSS 28 mg/l December, 1987 BODS 30 mg/1 TSS 34 mg/l January, 1988 BODS 77 mg/l TSS 50 mg/1 February, 1988 BODS 52 mg/l TSS 68 mg/l March, 1988 BODS 50 mg/l TSS 28 mg/l D. COMPLIANCE PLAN 13. The Village proposes to shutdown Devon -O'Hare and divert flows from Devon -O'Hare to the Bensenville South Wastewa- ter Treatment Plant by July 15, 1988 and to comply with each and every requirement specified in Paragraph A and B of Section VII of this Consent Decree. APPLICABILITY 14. This Consent Decree shall apply to and be binding upon the State, the Agency, the Village, the Village's officers, agents, employees and servants, as well as the successors and assigns of each and every officer, agent, servant or employee of Elk Grove Village. The Village shall not raise as a defense to any action to enforce this Consent Decree the failure of any of its agents or employees to take such action as shall be required to comply with the provisions of this Consent Decree. IV. COMPLIANCE WITH OTHER LAWS AND REGULATIONS 15. This Consent Decree in no way affects the respon- sibility of the Village to comply with any other federal, state or local regulations, including but not limited to the Act, Ill.Rev.Stat. 1987, ch. 111 1/2, par. 1001 et seq., the Board's Rules and Regulations, 35 Ill. Adm. Code Subtitles A through H and all conditions and requirements of NPDES Permit No. IL0025674 which are not otherwise affected by the terms and conditions of this Consent Decree. V. VENUE 16. The parties agree that the venue of any action commenced in Circuit Court for the purposes of interpretation, implementation and enforcement of the terms and conditions of this Consent Decree shall be in Cook County. VI. SEVERABILITY 17. It is the intent of the parties hereto that the provisions of this Consent Decree shall be severable and should any provisions be declared by a court of competent jurisdiction to be inconsistent with state or federal law, and therefore unen- forceable, the remaining clauses shall remain in full force and effect. In the event that any provisions of this Consent Decree and plans implemented hereunder and attachments hereto shall be declared inconsistent with the provisions of the Act, I1l.Rev.Stat. 1987, ch. 111 1/2, par. 1001 et seg., the provi- sions of the Act shall be controlling. - 8 - VII. FINAL JUDGMENT ORDER Pursuant to the stipulation of fact and law by the parties, this Court having jurisdiction over the parties and sub- ject matter, the parties having appeared, due notice being given or the parties having waived notice, the Court having considered the stipulated facts and being advised in the premises, the Court finds the following relief appropriate: IT IS HEREBY ORDERED, ADJUDGED AND DECREED: A. PENALTY The Village shall pay a penalty of $5,000.00. The pen- alty shall be paid within ninety (90) days of the date of this order. That penalty and any contingent penalties described below shall be paid by certified check to the Environmental Protection Trust Fund and submitted to: Fiscal Services Illinois Environmental Protection Agency 2200 Churchill Road, P.O. Box 19276 Springfield, Illinois 61794-9276 The name and court number of this suit shall appear on each cer- tified check. All weekly contingent penalties described below are due and payable by the 15th of the month following the viola- tions of this Order. Such contingent penalties shall be paid by certified check to the Environmental Protection Agency Trust Fund and submitted to the above addressee. B. COMPLIANCE 1. Compliance Plan The Village shall take the following actions to achieve compliance with all applicable state and federal laws and regulations in accordance with the following schedules: (a) The Village shall shut down Devon -O'Hare and divert Devon -O'Hare flows to the Village of Bensenville South Wastewater Treatment Plant by July 15, 1988. (b) If the Village fails to shut down Devon - O'Hare and divert Devon -O'Hare flows to the Village of Bensen- ville South Wastewater Treatment Plant by July 15, 1988, the Vil- lage shall submit all necessary plans and specifications and a permit application to the Agency by no later than September 1, 1988 for installation of an automated pH adjustment system at the Devon -O'Hare influent line. The Village shall begin installation of the automated pH adjustment system by December 1, 1988 if the Village has failed to divert Devon -O'Hare flows to Bensenville by said date. The system shall be installed and in operation by February 1, 1989. (c)(1) Within 60 days of the date of entry of this Order, the Village shall submit to the Agency for approval a - 10 - screening plan for assessing Devon-O'Hare's impact on the receiv- ing stream and lagoon sediments. The screening plan shall con- tain at a minimum the following elements: (1) at least six ran- dom upstream sediment samples to be defined as "stream back- ground" and three random non -stream soil samples to be defined as "lagoon background"; (2) at least six random stream sediment samples at each of three downstream stations (18 total) to be defined as "stream tests" and three random lagoon sediment sam- ples to be defined as "lagoon tests" for statistical comparison against, respectively, stream and lagoon background samples. Downstream sample stations shall consist of an approximately 300 square yard (60 -yard stream length x one stream width) area at each of the Devon -O'Hare outfall, Elmhurst Road, and, provided that access to Chicago -O'Hare International Airport property is granted, the confluence of the Devon -O'Hare receiving stream and Willow Creek; (3) a single downstream composite sediment sample (A composite sediment sample shall consist of six random aliquots combined to form a single sample for a single set of analyses.) from each zone of visual sediment deposits, not to exceed a total of five composite samples; (A) a map identifying the location of all the samples; (5) testing of each sample for COD, Total Vola- tile Solids, Boron, Cadmium, Chromium, Copper, Lead, Mercury, Nickel, Silver and Zinc; (6) a statistical model for comparing stream and lagoon tests to their respective backgrounds. (c)(2) Within 30 days of receipt of Agency approval of the screening plan, the Village shall collect all samples in accordance with the Agency -approved screening plan described immediately above. All samples shall be collected within one continuous 24-hour period. A copy of the sample results shall be submitted to the Agency within 60 days after the Village receives Agency approval of the screening plan. (c)(3) Within 30 days after the Village receives a Notice of Significant Impact (hereinafter referred to as "NSI") from the Agency that Devon -O'Hare discharges or operations have adversely affected the Devon -O'Hare receiving stream or lagoon sediments, the Village shall take, in accordance with the NSI, additional stream or lagoon sediment samples, as applicable, to assess the extent of impact in terms of sediment depth and stream length. The additional sample results and a remedial plan shall be submitted to the Agency within 30 days of the Village's receipt of the additional sediment sample results from the laboratory. The remedial plan shall contain at a minimum the following elements: a) a map with a description of the affected areas of the stream and the lagoon, including stream widths and lengths and sediment depths; b) the results of statistical anal- yses used to define what areas are deemed affected; c) the pro- posed method or methods of receiving stream and lagoon cleanup, including measures for protecting and monitoring downstream water quality while cleanup is in progress; d) the proposed disposi- tion of contaminated sediments; e) copies of necessary permit applications to accomplish and complete the cleanup; f) the pro- posed follow-up sampling program to judge the effectiveness of cleanup and g) a timetable for implementing and completing cleanup and follow-up sampling. - 12 - (c)(4) Within 30 days of approval of the remedial plan by the Agency, the Village shall initiate cleanup of the Devon -O'Hare receiving stream and of the lagoon in accordance with the Agency -approved remedial plan. Cleanup shall be con- sidered completed when follow-up stream and lagoon sediment sam- ple results show that downstream and lagoon sediments have been restored to their respective background qualities. Not more than 120 days shall elapse between the date the Village receives the remedial plan approved by the Agency and the Village submits fol- low-up sediment sample results to the Agency. If follow-up sam- ple results following an initial cleanup show that the Devon - O'Hare receiving stream or lagoon sediments are still signifi- cantly impacted, the Village shall initiate additional cleanup and follow-up sampling within 30 days of receiving a notice of continuing impact from the Agency. The additional cleanup and follow-up sampling shall be completed by the Village within 90 days of the Village's receipt of and in accordance with the Agen- cy notice of continuing impact. All sampling, sample holding times, and sample analyses shall conform to USEPA methodologies and 40 CFR Part 136. The screening plan, the remedial plan and all sample results shall be submitted to the Agency as follows: Jose L. Gonzalez, Jr. Enforcement Programs Illinois Environmental Protection Agency 2200 Churchill Road, P.O. Box 19276 Springfield, Illinois 61794-9276 - 13 - Joseph J. Annunzio Assistant Attorney General Environmental Control Div. 100 W. Randolph, 12th Flr. Chicago, Illinois 60601 (c)(5) The Agency shall review Defendant's sam- pling, remedial plans and clean-up in a reasonable manner required pursuant to paragraphs B(1)(c)(3) and B(1)(c)(4), above in a reasonable manner. (d) If the Village fails to shut down Devon - O'Hare and to divert Devon -O'Hare flows to the Village of Bensen- ville South Wastewater Treatment Plant by July 15, 1988, the Vil- lage shall comply with all monitoring and sampling requirements of its NPDES permit on a weekly basis, except that lead and cop- per shall be monitored weekly by 24-hour composite samples, as of the date of entry of this order until flows from the Devon -O'Hare are diverted to Bensenville. In addition, the Village shall monitor and take at least one 24-hour composite sample per week of its effluent for Boron, Fluoride, Silver, and Iron and one grab sample per week of its effluent for temperature. These monitoring and sampling requirements will be effective as of the date of entry of this order until flows from Devon -O'Hare are diverted to Bensenville. The Village shall continue to report all effluent monitoring and sampling data on its monthly Dis- charge Monitoring Reports. (e) The standards applicable to any remedial actions which the Village may be required to take pursuant to Paragraphs l(c)(1), 1(c)(2), 1(c)(3) and 1(c)(4) of this order shall be consistent with all Board regulations, including, but not limited to, the effluent and water quality standards of 35 Ill.Adm. Code: Subtitle C and Land Pollution Regulations of 35 Ill.Adm. Code: Subtitle G. - 14 - 2. Contingent Penalties (a) If the Village fails to shut down Devon - O'Hare and to divert the plant's flows to Bensenville by July 15, 1988, it shall pay a contingent penalty of $15,000.00 effective July 16, 1988. For each week beyond July 16, 1988, the Village shall pay a contingent penalty of $1,000.00 per week until it accomplishes the above -referenced shutdown and diversion. (b) Further, if the Village fails to complete said shutdown of Devon -O'Hare and the diversion of Devon -O'Hare flows to Bensenville by July 15, 1988, and subsequently fails to submit all necessary plans and specifications and a permit ap- plication to the Agency for installation of an automated pH ad- justment system at the Plant's influent line by September 1, 1988, the Village shall pay a contingent penalty of $500.00 per week for each week beyond September 1, 1988 until the plans, specifications and permit application are submitted to the Agen- cy. Further, the Village shall also pay a contingent penalty of $500.00 per week for each week beyond February 1, 1989 that the automated PH adjustment system is not installed and in operation at Devon-O'Hare's influent line. (c) Further, if the Village fails to complete any or all of the following requirements as listed above in Para- graphs B(1) (c) (1) , B(1) (c) (2) , B(1) (c) (3) and B(1) (c) (4) : (1) submit the screening plan to the Agency within 60 days of the date of entry of this order; - 15 - (2) complete sampling in accordance with the Agency -approved screening plan within 30 days of the Village's receipt of Agency approval of said plan; (3) submit screening plan sample results to the Agency within 60 days after the Vil- lage receives Agency approval of the screening plan; (4) complete additional sampling within 30 days of the Village's receipt of, and in accordance with, the NSI from the Agency; (5) submit the additional sediment sample results and the remedial plan to the Agency within 30 days of the Village's receipt of the additional sediment sam- ple results from the laboratory; (6) initiate cleanup of the Devon -O'Hare receiving stream and the lagoon within 30 days of the Village's receipt of the Agency -approved remedial plan; (7) conclude Devon -O'Hare receiving stream and lagoon sediment cleanup and submit follow-up sediment sample results to the Agency within 120 days after receiving - 16 - the Agency -approved remedial plan and in accordance with that remedial plan; (8) initiate additional cleanup and follow- up sampling within 30 days receipt of and in accordance with the Agency notice of continuing impact; or (9) conform all sampling, sample holding times and sample analyses to USEPA meth- odologies and 40 CFR Part 136. The Village shall pay $500.00 per week for each of the above -referenced requirements for each week that the Village fails to complete each said requirements according to the schedule contained in Paragraphs B(1)(c)(1), B(1)(c)(2), B(1)(c)(3) and B(1)(c)(4) of this Order. An incomplete report, plan or analysis shall be considered a failure to submit said report, plan or analysis. (d) Further, if the Village fails to shut down Devon -O'Hare and divert Devon -O'Hare flows to Bensenville by July 15, 1988, as required herein, and further fails to comply with all monitoring and sampling requirements of its NPDES Permit on a weekly basis, except for 24-hour composite sample monitoring for copper and lead and the additional monitoring and sampling requirements for Boron, Fluoride, Silver, Temperature and iron, as specified in Paragraph B(1)(d), above, the Village shall pay a contingent penalty of $250.00 per week for each week that the - 17 - Village fails to comply with any of said requirements of Para- graph B(1)(d) of this Order. (e) The contingent penalties set forth in this Subpart VII(B)(2), shall be enforceable by the Agency and shall be in addition to and shall not preclude the use of any other remedies or sanctions which may be available to the Agency by reason of the Village's noncompliance with the provisions of this Consent Decree. C. CEASE AND DESIST The Village shall cease and desist from violation of the Act, any and all of 35 Ill.Adm. Code Subti- tle C, and any and all federal laws and regulations except as specifically provided in this Consent Decree. The Village shall at all times properly operate and maintain its treatment plant so as to produce the best quality effluent possible. D. PROGRESS REPORTS Beginning on August 1, 1988, the Vil- lage shall make written progress reports to the Agency on a monthly basis, and thereafter, due dates for reports shall be the first day of each month until the Village shuts down Devon -O'Hare and diverts the flows from Devon -O'Hare to Bensenville. Such reports shall be submitted to the Agency as follows: Jose L. Gonzalez, Jr. Enforcement Programs Illinois Environmental Protection Agency 2200 Churchill Road, P.O. Box 19276 Springfield, Illinois 62794-9276 =[== Joseph J. Annunzio Assistant Attorney General Environmental Control Div. 100 W. Randolph, 12th Flr. Chicago, Illinois 60601 E. FORCE MAJEORE 1. Should the Village be unable to complete any part or all of the requirements of Paragraphs A and B immediately above, including the closure of Devon -O'Hare and the diversion of flows to Bensenville by July 15, 1988, as a result of any circum- stances not within its reasonable control, the Village shall notify the Agency as soon as practicable but no later than fif- teen (15) calendar days of becoming aware of the apparent noncom- pliance. Such notification shall be in writing and shall include a precise description of the circumstances, the measures to be taken to prevent or minimize the delay and the revised timetable to reflect the anticipated delay. The Agency shall review in a reasonable manner, all actions taken by the Village. 2. Notice by certified mail shall be directed to the individuals or successors at the addresses specified below: Jose L. Gonzalez, Jr. Enforcement Programs Illinois Environmental Protection Agency 2200 Churchill Road P.O. Box 19276 Springfield, Illinois 62794-9276 Joseph J. Annunzio Assistant Attorney General Environmental Control Div. 100 W. Randolph, 12th Flr. Chicago, Illinois 60601 3. If through circumstances beyond control of the parties, the Agency and the Village agree that an extension is warranted, the parties may petition the Court pursuant to Section 2-1401 of the Code of Civil Practice, Ill.Rev.Stat. 1987, ch. 110, par. 2-1401 to extend the time for performance hereunder for a period equal to the delay resulting from such circumstances. - 19 - 4. Failure of the Village to receive any state of federal loans or grants shall not be considered a circumstance excusing delay. 5. The Agency shall be precluded from invoking the penalty provisions of paragraph VII B to the extent that such delay is caused by circumstances not within the reasonable con- trol of the Village. F. DISPUTE RESOLUTION 1. Any dispute which arises with respect to the mean- ing, application, interpretation, amendment or modification of this Consent Decree, any plan or report required thereunder, or with respect to any party's compliance herewith any delay hereunder stipulated penalty assessed, shall in the first instance be the subject of informal negotiations. If the State and Elk Grove Village cannot resolve the dispute within fifteen (15) calendar days, however, it shall be presented to the Court for appropriate resolution upon written notice by any party (the period for negotiations may be extended by mutual agreement among the parties). Unless the State is seeking an amendment, modifi- cation, or enforcement of this Decree, it shall be the respon- sibility of Defendants to file the documents necessary to notify the Court of the dispute, and thereafter the Court shall order the parties to file such pleadings as the Court deems necessary and proper. In the former cases, the Illinois Attorney General's office shall have the responsibility of filing the necessary - 20 - papers. In all events, however, Defendants shall bear the burden of proof. 2. The Village shall file any petition with the Court within thirty (30) calendar days after the informal negotiation period (or any extension) has expired, and, where the State has the responsibility of filing, the State shall petition the Court within sixty (60) calendar days after the expiration of the informal negotiation period (or any extension). In any event, the Court shall determine if any stipu- lated penalties should be paid by the Village for non-compliance with this Order during the period of time that the Village invokes the dispute resolution provisions described in this Sec- tion of the Order. G. JURISDICTION This Court shall retain jurisdiction of this matter for the purpose of amending, interpreting, implementing and enforcing the terms and conditions of this Consent Decree and for the pur- pose of adjudicating all matters of dispute among the parties. This Consent Decree shall terminate one year after the date of the shutdown of the Devon -O'Hare Wastewater Treatment Plant and diversion of flows to Bensenville, provided that the Village has satisfied the terms and conditions of this Consent Decree. This matter shall be dismissed without prejudice by either party at the appropriate time. - 21 - WHEREFORE the parties, by their representatives, enter into this Consent Decree and submit it to the Court that it may be approved and entered. PEOPLE OF THE STATE OF ILLINOIS NEIL F. HARTIGAN Attorney General State of Illinois DATE: BY: Joseph J. Annunzio Assistant Attorney General ILLINOIS ENVIRONMENTAL PROTECTION AGENCY DATE: BY: Joseph E. Svoboda Manager, Enforcement Programs DATE: 7/15/88 Charles J. Zettek Village President DATE: ENTER: jacdla JUDGE