We 1WD IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT DUPAGE COUNTY, ILLINOIS CHANCERY DIVISION . PEOPLE OF THE STATE OF ILLINOIS, 3 ex rel. LISA MADIGAN, Attorney at, it General of the State of Illinois, 22;: 3* 33? ii? Plaintiff, . v. No. 2015 CH 651 STERIGENICS U.S., LLC, a Delaware limited liability company, Defendant. CONSENT ORDER Plaintiff, PEOPLE OF THE STATE OF ILLINOIS, ex rel. LISA MADIGAN, Attorney General of the State of Illinois, the Illinois Environmental Protection Agency (?Illinois and Defendant, STERIGENICS US, LLC, (collectively, ?Parties to the Consent Order?) have agreed to the making of this Consent Order and submit it to this Court for approval. I. INTRODUCTION This stipulation of facts is made and agreed upon for purposes of settlement only and as a factual basis for the'Court?s entry of the Consent Order and issuance of any injunctive 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 415 ILCS 5/1 et seq. (2014), and the Illinois Pollution Control Board (?Board?) Regulations, alleged in the Complaint except as otherwise provided herein. It is the intent of the parties to this Consent Order that it be a final judgment on the merits of this matter. A. Parties 1. On April 3, 2015, a Complaint was ?led 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 upon the request of the Illinois EPA, pursuant to Section 42(d) and of the Act, 415 ILCS 5/4201) and. (2014), against the Defendant. 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 (2014). 3. At all times relevant to the Complaint, Defendant Sterigenics U.S., LLC was, and is, a Delaware limited liability company, and operated a gaseous sterilization business located at 7775 Quincy Street, Willowbrook, DuPage County, Illinois acility? or ?Site?). 4. The Defendant?s sterilization process uses ethylene oxide, a hazardous air pollutant, and generates ethylene glycol and other chemicals. 5. Plaintiff has alleged that, on or about October 7, 2013, the Defendant released ethylene glycol into soil and groundwater at, and in the vicinity of, the Site. 6. On October 21, 2013, the Defendant reported the uncontrolled release of 30 pounds of ethylene oXide gas to the atmosphere. The Defendant subsequently revised its estimate of the quantity of ethylene oxide released to approximately 12 pounds. B. Allegations of Non-Compliance Plaintiff contends that the Defendant has violated the following provisions of the Act and Board Regulations: Count 1: WATER POLLUTION, violation of 415 ILCS 5/ 12(a) (2014); Count II: CREATING A WATER POLLUTION HAZARD, violation of 415 Count Count IV: Count V: Count VI: Count VII: ILCS 5/12(d) (2014); VIOLATION OF GENERAL USE WATER QUALITY STANDARDS, 415 ILCS 5/9(a) (2014), and 35 Ill. Adm. Code 302.203; NPDES PERMIT VIOLATION, 415 ILCS 5/12(t) (2014), and 35 Ill. Adm. Code 309.102; AIR POLLUTION, Violation of 41 5 ILCS 5/9(a) (2014) and 35 Ill. Adm. Codel201.l4l; VIOLATION OF CAAPP PERIVIIT CONDITIONS: FAILURE TO COMPLY WITH NESHAP EMISSION STANDARDS, 415 ILCS (2014), 415 ILCS (2014), 40 CFR and Conditions and of CAAPP Permit No. 95120085; VIOLATION OF CAAPP PERMIT CONDITIONS: FAILURE TO COMPLY WITH EMISSION LIMITATIONS FOR THE CHICAGO AREA, 415 ILCS 5/9(a) (2014), 415 ILCS 5/39. 5(6) (2014), 35 Ill. Adm. Code 218. 986(a), and Condition 7 of CAAPP Permit No. 95120085. C. Non-Admission of Violations The Defendant represents that it has entered into this Consent Order for the purpose of settling and compromising disputed claims without having to incur the expense of contested litigation. By entering into this Consent Order and complying with its terms, the Defendant does not af?rmatively admit the allegations of violation within the Complaint and referenced above, and this Consent Order shall not be interpreted as including such admission. D. Compliance Activities to Date 1. On January 13, 2014, the Defendant applied to enter its Facility into Illinois voluntary Site Remediation Program to address remediation of the release of ethylene glycol, propylene glycol and sulfate from the Facility. The Facility remediation project was designated under the SRP as the ?Sterigenics US LLC site, LPC No. 0431105032? (?On Site - 2. On November 18, 2014, Illinois EPA issued a No Further Remediation letter letter?) to the Defendant for the work performed under the On-Site SRP. The Defendant recorded the NFR letter for the On-Site SRP with the of?ce of the DuPage County Recorder on December 5, 2014. i 3. On July 13, 2014, the Defendant applied to enter off-site areas which were affected, or potentially affected, by the release of ethylene glycol, propylene glycol, and sulfate into the SRP. The off-site remediation project has been designated by Illinois EPA as the ?Willowbrook Centre Joint Venture, LPC No. 0431105077? (?Off-Site 4. On May 29, 2015, Illinois EPA issued an NFR letter to the Defendant for work performed under the Off-Site SRP. The Defendant recorded the NFR letter for the Off-Site SRP with the of?ce of the DuPage County Recorder on July 6, 2015. 111. This Consent Order shall apply to and be binding upon the Parties to the Consent Order. The Defendant waives as a defense to any enforcement action taken pursuant to this Consent Order the failure of any of its of?cers, directors, agents, employees or successors or assigns to . take such action as shall be required to comply with the provisions of this Consent Order. This Consent Order may be used against the Defendant 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 ofthe. Act, 415 ILCS 5/39 and 42 (2014). 111. JUDGMENT ORDER This Court has jurisdiction of the subject matter herein and of the Parties to the Consent Order and, having conSidered the stipulated facts and being advised in the premises, ?nds the following relief appropriate: IT IS HEREBY ORDERED, ADIUDGED AND DECREED: A. I Civil Penalty . 1. The Defendant shall pay a civil penalty of Fifty Thousand Dollars Payment shall be tendered at time of entry of the Consent Order. I 2. The civil penalty payment shall be made by certi?ed check or money order payable to the Illinois EPA fordeposit into the Environmental Protection Trust Fund 3. The case name and case number shall appear on the face of the certi?ed check or money order. B. Future Compliance 1. The Defendant shall comply with the terms and conditions of its Clean Air Act Permit Program Permit. 2. This Consent Order in no way affects the responsibilities of the Defendant to comply with any other federal, state or local laws or regulations, including but not limited to the Act and the Board Regulations. 3. The Defendant shall cease and desist from future violations of the Act and Board Regulations that were the subject matter of the Complaint. . C. Enforcement and Modi?cation of Consent Order 1. This Consent Order is a binding and enforceable order of this Court. This Court shall retain jurisdiction of this matter and shall consider any motion by any party for the purposes of interpreting and enforcing the terms and conditions of this Consent Order. The Defendant agrees that notice of any subsequent proceeding to enforce this Consent Order may be made by mail and waives any requirement of service of process. 2. The Parties to the Consent Order may, by mutual written consent, extend any compliance dates or modify the terms of this Consent Order Without leave of this Court. A request for any modi?cation shall be made in writing and submitted to the designated representatives. Any such request shall be made by separate document, and shall not be submitted within any other report or submittal required by this Consent Order. Any such agreed modi?cation shall be in writing and signed by authorized representatives of each party, for ?ling and incorporation by reference into this Consent Order. 3). Release from Liability . In consideration of the Defendant?s payment of a $50,000.00 civil penalty and its commitment to cease and desist as contained in Section above, the Plaintiff releases, waives and discharges the Defendant ?'om 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 speci?ed in Plaintiff?s Complaint ?led on April 3, 2015. The Plaintiff reserves, and this Consent Order is without prejudice to, all rights of the State of Illinois against the Defendant with respect to all other matters, including but not limited to the following: a. criminal liability; b. liability for future violations; liability for natural resources damage arising out of the alleged violations; and d. the Defendant?s failure to satisfy the requirements of this Consent Order. Nothing in this Consent Order 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 may have against any person, as de?ned by Section 3.315 of the Act, 415 ILCS 5/3315 (2014), other than the Defendant. E. Execution and Entry of Consent Order This Order shall become effective only when executed by all Parties to the Consent Order and the Court. This Order may be executed by the parties in one or more counterparts, all of which taken together shall constitute one and the same instrument. The undersigned representatives for each party certify that they are fully authorized by the party whom they represent to enter into the terms and conditions of this Consent Order and to legally bind them to it. WI-IEREFORE, the parties, by their representatives, enter into this Consent Order and submit it to this Court that it may be approved and entered. AGREED: FOR THE PLAINTIFF: PEOPLE OF THE STATE OF ILLINOIS ex rel. LISA MADIGAN Attorney General of the State of Illinois MATTHEW J. DUNN, Chief Environmental Enforcement/ Asbestos Litigation Division (49bdadLZ?H/Q. ELIZABETH WALLACE, Chief Assistant Attorney General Environmental Bureau 3' . DATE: ?i 13/ ILLINOIS ENVIRONMENTAL PROTECTION AGENCY LISA BONNETT, Director Illinois Environmental Protection Agency BY I . Chief Legal Counsel DATE: (K FOR THE DEFENDANT: STERIGENICS U.S., LLC Its: 3V G?lobml EHQ 03- 2.015 DATE: ENTERED DATE: People v. Sterigem?cs US. LLC, 15 CH 65] JUDGE 9 w/?f