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Home My WebLink About20-152 Resolution No. 20-152 RESOLUTION RATIFYING AND APPROVING THE EXECUTION OF A COMPLIANCE COMMITMENT AGREEMENT WITH THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby ratifies and approves the execution of a Compliance Commitment Agreement on behalf of the City of Elgin by Richard G. Kozal, City Manager, with the Illinois Environmental Protection Agency, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: : November 18, 2020 Adopted: : November 18, 2020 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly.Dewis, City Clerk ILLINOIS ENVIRONMENTAL PROTECTION'AGENCY IN THE MATTER OF: ) City of Elgin ) 150 Dexter Court ) Elgin, IL 62656 ) Kane ) ILLINOIS EPA VN W-2020-50121 BUREAU OF WATER COMPLIANCE COMMITMENT AGREEMENT I. Jurisdiction 1. This Compliance Commitment Agreement("CCA")is entered into voluntarily by the Illinois Environmental Protection Agency("Illinois EPA") and Elgin, City of— IL0070505 ("Respondent") (collectively, the: Parties")under the authority vested in the Illinois EPA pursuant to Section 31(a)(7)(i)of the Illinois Environmental Protection Act ("Act"), 415 ILCS 5/3 1(a)(7)(i). H. Allegation of Violations 2. Respondent owns and/or operates Elgin, City of—IL0070505,a wastewater treatment facility located in Kane County, Illinois. 3. Pursuant to Violation Notice ("VN") W-2020-50121, issued on July 20, 2020, the Illinois EPA contends that Respondent has violated the following provisions of the Act and Illinois Pollution Control Board("Board") Regulations: a) Failure to Comply with NPDES Permit - Section 12(f) of the Act, 415 ILCS 5/12 (f) (2018); 35111. Adm. Code 305.102(b) & 309.102(a);NPDES Permit#1L0070505 III. Compliance Activities 4. On September 8,2020, the Illinois EPA received Respondent's response to VN W-2020- 50121, which included proposed terms for a CCA. The Illinois EPA has reviewed Respondent's proposed CCA terms, as well as considered whether any additional terms and conditions are necessary to attain compliance with the alleged violations cited in the VN. 5. Respondent agrees to undertake, and complete the following actions, which the Illinois EPA has determined are necessary to attain compliance with the allegations contained in VN W-2020-50121: a) Elgin, City of—IL0070505 submitted documentation that all of the missing reports (as well as additional copies)were submitted on or before September 4, 2020.. b) Elgin, City of—IL0070505 will eliminate the cross connection at Mountain and Crystal Avenue by December 31, 2020. c) Elgin, City of—.IL0070505 will return the signed compliance statement required by item(d)below by January 15, 2021. d) Once all violations are corrected and compliance is achieved, the Respondent must submit a completed statement.of compliance form(Attached) certifying that all Compliance Commitment Agreement measures/events have.been successfully completed. Sign and submit enclosed Compliance Statement with original signatures. IV. Terms and Conditions 6. Respondent shall comply with all provisions of this CCA,including,but not limited to, any appendices to this CCA and all documents incorporated by reference into this CCA. Pursuant to Section 31(a)(10) of the Act, 415 ILCS 5/31(a)(10), if Respondent complies with the terms of this CCA, the Illinois EPA shall not refer the alleged violations that are the subject of this CCA, as described in Section II above, to the Office of the Illinois Attorney General or the State's Attorney of the county in which the alleged violations. occurred. Successful completion of this CCA or an amended CCA shall be a factor to be weighed, in favor of the Respondent,by the Office of the Illinois Attorney General in determining-whether to file a complaint on its own motion for the violations cited in VN W-2020-50121. 7. This CCA is solely intended to address the violations alleged in Illinois EPA VN W- 2020-50121. The Illinois EPA reserves, and this CCA is without prejudice to, all rights of the Illinois EPA against Respondent with respect to noncompliance with any term of this CCA, as well as to all other matters. Nothing in this CCA 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 Illinois EPA may have against Respondent, or any other person as defined by Section 3.315 of the Act, 415 ILCS 5/3.315. This CCA in no way affects the responsibilities of Respondent to comply with any other federal, state or local laws or regulations, including but not.limited to the Act, and the Board Regulations. 8. Pursuant to Section 42(k) of the Act, 415 ILCS 5/42(k), in addition to any other remedy or penalty that may apply, whether civil or criminal, Respondent shall be liable for an additional civil penalty of$2,000 for violation.of any of the terms or conditions of this CCA. 9. This CCA-shall apply to and be binding upon the Illinois EPA, and on Respondent and Respondent's officers, directors, employees, agents, successors, assigns, heirs; trustees, receivers, and upon all persons,including but not limited to contractors and consultants, acting on behalf of Respondent,as well as upon subsequent purchasers of Respondent's sanitary sewer. 10. In any action by the Illinois EPA to enforce the terms of this CCA,Respondent consents to and agrees not to contest the authority or jurisdiction of the Illinois EPA to enter into or enforce this CCA, and agrees not to contest the validity of this CCA or its terms and conditions. 11. This CCA shall only become effective: a) If,within 30 days of receipt, Respondent executes this CCA and submits it,via certified mail,to Illinois EPA Division of Water Pollution Control,Attn: Caleb Ruyle/CAS #19, P.O.Box 19276, Springfield, IL 62794-9276. If Respondent fails to execute and submit this CCA within 30 days of receipt, via certified mail, this CCA shall be deemed rejected by operation of law; and b) Upon execution by all Parties. 12. Pursuant to Section 31(a)(7.5) of the Act, 415 ILCS 5/3l(a)(7.5),this CCA shall not be amended or modified prior to execution by the Parties. Any amendment or modification to this CCA by Respondent prior to execution by all Parties shall be considered a rejection of the CCA by operation of law. This CCA may only be amended subsequent to its effective date, in writing, and by mutual agreement between the Illinois EPA and Respondent's signatory to this CCA, Respondent's legal representative, or Respondent's agent. AGREED: FOR THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY: BY: DATE: Cathy Siders, Manager Compliance Assurance Section Bureau of Water, Division of Water.Pollution Control FOR RESPON BY: DATE: Richard G. Kozal, City Manager 'f Illinois EPA Compliance Statement You are required to state that you have returned to.compliance with the Act and the regulations that were the subject of the violation notice (VN) (415 ILCS 5/31). The owner of the facility must acknowledge compliance and/or that all compliance commitment agreement (CCA) interim measures/events have been successfully completed and compliance has been achieved. Please complete, sign,and return. I (print name),hereby certify that all violations addressed in Violation Notice(VN)number have been addressed and that compliance was achieved on (date). Signature Title Telephone Number. Date Be sure to retain copies of this document for your files. Should you need additional notification forms, please contact this office at(217)785-0561. Return this completed form to: Illinois Environmental Protection Agency Compliance Assurance Section#19 Bureau of Water 1021 North Grand Avenue.East P.O. Box 19276 Springfield, Illinois 62794-9276 "Any person who knowingly makes a false,fictitious, or fraudulent material statement, orally or in writing, to.the Agency,.....related to or required by this Act, a regulation adopted under this Act, any federal law or regulation for which the-Agency has.responsibility, or any permit, term, or condition thereof, commits a Class 4 felony... "(415 ILCS 5/44(h) (8))