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.
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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
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(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
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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.
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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
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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.
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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
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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.
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(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
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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.
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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;
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(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
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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
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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.
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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
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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.
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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