NOTICE OF FILING
To: Rick Linnabary
7909 IL Hwy 49
Kansas, IL 61933-6023
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,
THIS FILING SUBMITTED ON RECYCLED PAPER
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
Dated: August 24 2006
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RE EliVED
CLERK'S OFFICE
AUG 2 8 2006
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
AC 06-30
STATE OF ILLINOIS
Pollution Control Board
V .
RICK LINNABARY,
Respondent
.
(IEPA No. 44-06-AC)
RECEIVED
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLERK'S
OFFICE
AUG 2 8 2006
ILLINOIS ENVIRONMENTAL
)
STATE OF
ILLINOIS
PROTECTION AGENCY,
)
Pollution Control
Board
Complainant,
)
AC 06-30
V .
)
(IEPA No. 44-06-AC)
RICK LINNABARY,
)
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,
RICK LINNABARY ("Respondent"), 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) (2004), and Section
103.180 of the Illinois Pollution Control Board's ("Board") Rules and Regulations, 35 III. 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
:
On February 2, 2006, Mike Mullins, an Environmental Protection Specialist for the
Illinois EPA's Champaign Regional Office, conducted an inspection of a facility owned and
operated by the Respondent. The facility is located at 708 North Broadway Street, Newman,
Douglas County, Illinois, and is designated with Illinois EPA Site Code No . 0410255012
.
2 .
On or about March 20, 2006, the Illinois EPA served the Respondent with
Administrative Citation No . 44-06-AC, alleging therein that the Respondent had caused or allowed
open dumping at his facility on February 2, 2006, in a manner which resulted in the following
occurrences: (1) litter, a violation of 415ILCS 5/21(p)(1) (2002); and (2) deposition of construction
or demolition debris, a violation of 415 ILCS 5/21(p)(7)
.
3
.
On or about April 27, 2006, the Respondent filed a Petition for Review contesting
the administrative citation .
4 .
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 teens and conditions of which are as follows
:
a .
Respondent admits that he caused or allowed open dumping
resulting in litter, a violation of 415 ILCS 5/21(p)(1) (2004),
and agrees to pay the statutory civil penalty of $1,500.00
pursuant to 415 ILCS 5/42(b)(4-5) (2004) .
b .
Respondent agrees to pay the statutory civil penalty within
30 days of the date of the Board's order accepting this
stipulation
.
Respondent agrees to diligently comply with, and shall cease
and desist from further violation of the Act, 415 ILCS 5/1
et
seq .
(2004), and the Board's rules and regulations, 35 111
.
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
2
e .
The Illinois EPA agrees not to refer the violations that are
the subject of this administrative citation to the Office of the
Illinois Attorney General or any other prosecuting authority
for the initiation of a civil enforcement action
.
f.
Respondent's Petition for Review filed with the Board on or
about April 27, 2006, shall be dismissed
.
WHEREFORE, the parties request that the Board accept this Agreement and issue an order
consistent with its terms and conditions
.
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY, Complainant,
Michelle M. Ryan
Special Assistant Attorney General
1021 North Grand Avenue East
Springfield, IL 62702-4059
(217) 782-5544
-AND-
RICK LINNABARY, Respondent,
DATE
:
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DATE :
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PROOF OF SERVICE
I hereby certify that I did on the 24"' day of August 2006, send by U .S. Mail with postage
thereon 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 ADMNISTRATIVE REVIEW
To
:
Rick Linnabary
Carol Webb
7909 IL Hwy 49
Hearing Officer
Kansas, IL 61933-6023 Illinois Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19274
Springfield, Illinois 62794-9274
and the original and nine (9) true and correct copies of the 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
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
~
I
A
A~Jr
.
Michelle M. Ryan
Special Assistant Attorney General
THIS FILING SUBMITTED ON RECYCLED PAPER
