RECEIVED

CLERK’S OFFICE

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

APR

13

2004

STATE OF

ILLINOIS

Pollution Control Board

ILLINOIS ENVIRONMENTAL PROTECTION

)

AGENCY,

)

)

Complainant,

)

AC 04-25

)

V.

)

(JEPA No. 628-03-AC)

)

COLORADO REAL ESTATE &

)

INVESTMENT CO., (KINGSPARK MOBILE

)

ESTATES),

)

)

)

Respondent.

)

NOTICE OF FILING

To:

Jeff

L.

Neigel

Sebo, Clark & Neigel

122 North Avenue A

-

Canton, Illinois

61520

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

Board of the State of Illinois the following instrument(s) entitled STIPULATION OF SETTLEMENT AND

DISMISSAL

OF RESPONDENT’S PETITION FOR ADMNISTRATIVE REVIEW.

Respectfully submitted,

ell~

Special Assistant Attorney General

Il1inoi~

Environmental Protection Agency

1Q21 North Grand Avenue East

P.O. Box

19276

Springfield, Illinois 62794-9276

(2 17) 782-5544

Dated:

April

9, 2004

THIS

FILING SUBMITFED ON RECYCLED PAPER

---

RECEIVED

CLERK’S OFFICE

APR

132004

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

STATE OF ILLINOIS

Pollution

Control Board

ILLINOIS

ENVIRONMENTAL

)

PROTECTION AGENCY,

)

)

Complainant,

)

AC

04-25

)

V.

)

(IEPA No. 628-03-AC)

)

COLORADO REAL

ESTATE &

)

INVESTMENT

COMPANY

)

(Kingspark Mobile Estates),

)

)

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,

COLORADO REAL ESTATE ANDINVESTMENT COMPANY (“Respondent”), by and through

its

attorney,

Jeff L.

Neigel,

and

pursuant

to

Sections

31.1

and

42(b)(4-5)

of the

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,

35111. 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.

OnOctober 16, 2003, John Tripses, Regional Manager forthe Illinois EPA’sBOL-

Peoria

Regional

Office,

conducted

an

inspection

of a

facility

owned

and

operated

by

the

---

Respondents.

The facilityis located at 1821 N. LancelotPlace, Peoria, Peoria County, Illinois and

is designated with Illinois EPA Site Code No. 1438070008.

2.

On or about

December

1,

2003,

the

Illinois

EPA

served

the

Respondent with

Administrative

Citation No.

628-03-AC,

alleging therein

that

the Respondent

had

caused or

allowed open

dumping at its

facility on

October

16,

2003,

in

a manner which

resulted

in

the

following occurrences: (1) litter, a violation of415

ILCS 5/2l(p)(l)

(2000); (2) open burning, a

violation of 415

ILCS

5/2l(p)(3);

and

(3)

deposition

of general

andlor

clean

construction

or

demolition debris, a violation of415 ILCS 5/21@)(7).

3.

On or

about

December

22,

2003,

the

Respondent filed

a

Petition

for

Review

contesting the administrative citation.

4.

Previously, in AC 02-32, on August 8, 2002, the Board found Colorado Real Estate

&

Investment Co.

(Kingspark Mobile Estates) in violation ofSection 21Q)(1) of the Act.

In the

Administrative Citation served on December 1, 2003, Illinois EPA incorrectlyallegedthat Section

42(b)(4-5)

of the Act provided

for a penalty of $3,000

for

each violation

cited

in

the current

citation.

Because the previously adjudicated violation

in AC

02-32 was a violation of Section

21@)(1),

only the allegation relating to

a second

violation of Section

21Q)(1)

is

subject to the

$3,000 penalty.

The alleged violations ofSection 21(p)(3) and (p)(7) are subject to

a penalty of

$1,500 each, as a first offense ofthose provisions.

---

5.

In 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

hereby tender it to

the

Board for approval, the terms and conditions of which are as follows:

a.

Respondent admits that it caused or allowed open dumping

resulting in litterand open burning, in violation of4l

5

ILCS

5/21(p)(1) and @)(3) (2002), and agrees to pay the statutory

civil penalty of$4,500.00 pursuant to 415

ILCS 5/42(b)(4-5)

(2002).

b.

Respondent agrees to pay the statutory civil penalty in three

monthly installments of$1500.00, commencing on May 1,

2004, and continuing the first ofeach month thereafteruntil

paid.

c.

Respondent agrees to diligently comply with, and shall cease

and desist from further violationofthe 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

removed

and

properly

disposed of

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 otherprosecuting authority

for the initiation of a criminal or civil enforcement action.

f

Respondent’s Petition forReview filedwith the Board on or

about December 22, 2003, shall be

dismissed.

3

---

WHEREFORE, the parties request that theBoard accept this Agreement and issue an order

consistent with its terms and conditions.

ILLINOIS ENVIRONMENTALPROTECTION AGENCY, Complainant,

BJ~1UJU~1

1Jft~

Michelle M. Ryan

Special

Assistant Attorney General

1021

North Grand Avenue East

Springfield, IL 62702-4059

(217) 782-5544

-AND-

DATE:

4k1c~I~

COLORADO REAL ESTATE & INVESTMENT COMPANY, Respondent,

DATE:

/6/

ô~

BY~

ebo,

Clark & Neigel

122 North Avenue A

Canton, Illinois

61520

(309) 647-5065

4

---

RECEIVED

CLERK’S

OFFICE

APR

13

2004

PJ~IJk~VICE

STATE OF ILL!NOIS

Pollution Control Board

I hereby certify that I

did on the

9th

dayofApril 2004, sendby U.S. Mail with postagethereon

fully prepaid,

by depositing

in a United

States

Post

Office

Box

a true

and

correct

copy of the

following

instrument(s)

entitled

STIPULATION

OF

SETTLEMENT

AND

DISMISSAL

OF

RESPONDENT’S PETITION FOR ADMINISTRATIVE REVIEW

To:

JeffL. Neigel

Carol Sudman

Sebo,

Clark & Neigel

Hearing Officer

122 North Avenue A

Illinois Pollution Control Board

Canton, Illinois

61520

1021

North Grand Avenue East

P.O.

Box

19274

Springfield, Illinois 62794-9274

and the original and nine (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

Michelle 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

SUBMITTED ON RECYCLED PAPER