BEFORE THE ILLINOIS POLLUTION CONTROL BOARDR

EC EIVED

CLERK’S OFFICE

ILLiNOIS ENVIRONMENTAL

)

SEP

162005

PROTECTION AGENCY,

STATE OF ILLINOIS

Complainant,

)

AC 04-78

Pollution Control Board

)

V.

)

(IEPA No.

238-04-AC)

)

DANIEL PAULEY,

)

Respondent.

NOTICE OF FILING

To:

DanielPauley

315 N. Illinois

Belleville, IL

62222

PLEASE TAKE NOTICE that on this date Imailed for filing with the Clerk of the Pollution Control

Board of the State of illinois the following instrument(s) entitled STIPULATION OF SEI1TLEMENT AND

DISMISSAL OF RESPONDENT’S PETITION FOR ADMNISTRATIVE REVIEW.

Respectfully submitted,

~________

Michelle M. Ryan

Special Assistant Attorney General

Illinois Environmental Protection Agei~cy

1021 North Grand Avenue East

P.O. Box 19276

Springfield,

Illinois 62794-9276

(217) 782-5544

Dated:

September 14, 2005

THIS FILING SUBMITFED

ON

RECYCLED PAPER

---

RECEIVED

BEFORE THE ILLINOIS

POLLUTION CONTROL BOARD

CLERK’S

OFFICE

SEP

162005

ILLINOIS ENVIRONMENTAL

)

STATE

OF

ILLINOIS

PROTECTION AGENCY,

)

Pollution

Control Board

)

Complainant,

)

AC 04-78

)

V.

)

(IEPANo. 238-04-AC)

)

DANIEL PAULEY,

)

)

Respondent.

)

STIPULATION

OF SETTLEMENT AND DISMISSAL

OF RESPONDENT’S PETITION FOR ADMiNISTRATIVE REVIEW

NOW

COMES

the

Complainant,

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY (“Illinois EPA”), by and through

its attorney, Michelle M. Ryan, and the Respondent,

DANIEL PAULEY

(“Respondent”),

and pursuant to Sections

31.1

and 42(b)(4-5) ofthe Illinois

Environmental

Protection

Act

(“Act”),

415

ILCS

5/31.1

and

42(b)(4-5)

(2002),

and

Section

103.180 of the Illinois Pollution Control Board’s (“Board”) Rules

and Regulations,

35 Ill. Adm.

Code

103.180,

the

parties

hereby enter

into

this

STIPULATION

OF

SETTLEMENT

AND

DISMISSAL

OF

RESPONDENT’S

PETITION

FOR

ADMINISTRATIVE

REVIEW

(“Agreement”), and in support hereof, the parties respectfully state as follows:

1.

On April

15,

2004,

Kendall

Couch

and

John Senjan,

EnVironmental Protection

Specialists

forthe Illinois EPA’s CollinsVille Regional Office, conducted an inspection ofa facility

owned and operated by the Respondent.

The facility is located at Leibig School Road,Jvilaacontah,

St.

Clair County, Illinois, and is designated with Illinois EPA Site

Code No.

1638095001.

---

2.

On

or

about

May

12,

2004,

the

Illinois

EPA

served

the

Respondent

with

Administrative

Citation

No.

238-04-AC,

alleging

therein

that

the Respondent

had

caused

or

allowedopen dumping athis facility on April 15, 2004, in a manner which resulted in the following

occurrences:

(1) litter, a violation of 415 ILCS

5/21 (p)(1) (2002); (2) open burning, a Violation of

415

1LCS

S/2l(p)(3); and (3) deposition ofwaste in standing or flowing waters,

a violation of415

ILCS

5/21(p)(4).

3.

On or about June

17, 2004, theRespondent filed a Petition for Review contesting the

administrative citation.

4.

Tn

an effort

to resolve this matter without the need for a hearing, the parties have

engaged

in

settlement negotiations

and have reached this

Agreement and

herebytender it to the

Board for approval, the terms

and conditions ofwhich are as follows:

a.

Respondent admits that he caused or allowedopen dumping

resulting in open burning, a violation of4I

5

ILCS 5/21 (p)(3)

(2002),

and

agrees

to

pay

the

statutory

civil

penalty

of

$1,500.00 pursuant to 415

ILCS

5/42(b)(4-5) (2002).

b.

Respondent agrees to pay the statutory civil penalty within

thirty (30) days of entry of the final order in this case.

c.

Respondent agrees to diligently comply with, and shall cease

and desist from further violation ofthe Act, 415 ILCS

5/1

et

seq.

(2002),

and

the Board’s rules

and

regulations,

35

Ill.

Adm.

Code Subtitles

A through H.

d.

The

waste

located

at the site that was the subject of this

administrative citation has been adequately addressed.

2

---

e.

The Illinois EPA agrees not to

refer the violations that

are

the subjectofthis administrative citation to the Office ofthe

Illinois Attorney General Or any other prosecuting authority

for the initiation of a criminal or civil enforcement action.

f.

Respondent’s Petition for Review filed with the Board on or

about June

14,

2004,

shall be dismissed.

WHEREFORE, theparties request that the Board accept this Agreement and issue an order

consistent with its terms and conditions.

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY, Complainant,

BYLU~

~LUfl~L15thCL~

DATE:

~

I

i~

bC

Michelle M. Ryan

Special Assistant Attorney General

1021

North Grand Avenue East

Springfield,

IL 62702-4059

(217) 782-5544

-AND-

Respondent,

_____________________

DATE:

DANIEL PAULEY

3

---

PROOF OF SERVICE

I hereby certify that I did on the

14th

day of September 2005,

send by U.S. Mail with postage

thereon fullyprepaid, by depositing in a United States Post Office Box a true and correct copy ofthe

following

instrument(s)

entitled

STIPULATION

OF

SETTLEMENT

AND

DISMISSAL

OF

RESPONDENT’S PETITION FOR ADMNISTRATIVE REVIEW

To:

Daniel Pauley

Carol Webb

315 N. Illinois

Hearing Officer

Belleville, IL

62222

Illinois Pollution Control Board

1021 North Grand Avenue East

P.O. Box

19274

Springfield, Illinois 62794-9274

and the original and

lime

(9) true and correct copies ofthe same foregoing instruments on the same

date by U.S. Mail with postage thereon fully prepaid

To:

Dorothy Gunn, Clerk

Pollution Control Board

James

R. Thompson Center

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60601

iehelle M.

Ryan

Special Assistant Attorney General

Illinois

Environmental Protection Agency

1021

North Grand Avenue East

P.O. Box

19276

Springfield, Illinois 62794-9276

(217) 782-5544

THIS

FILING SUBMITIED ON RECYCLED PAPER