BEFORE TilE ILLINOIS POLLUTION CONTROL BOARD

ILLINOIS ENVIRONMENTAL PROTECTION

)

NOV

022005

AGENCY,

)

STATE

OF

ILLINOIS

)

Pollution

Control Board

Complainant,

)

AC

05-52

)

V.

)

(IEPA No.

9-05-AC)

)

ROBERT DANTEL SPEARS,

)

)

Respondent.

)

NOTICE OF FILING

To:

Robert Daniel Spears

P.O. Box

21

Beardstown, illinois 62618

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 ADMINISTRATIVE REVIEW.

Respectfully submitted,

Michelle

M. Ryan

Special Assistant

Attorney General

Illinois Environmental Protection Agency

1021

North Grand Avenue East

P.O. Box

19276

Springfield,

nlinois 62794-9276

(217) 782-5544

Dated:

October 31,

2005

This

FILING SUBMrVrED

ON

RECYCLED

PAPER

---

RECEIVED

CLERK’S OFFICE

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

NOV

022005

ILLINOIS ENVIRONMENTAL

)

Po~T~~~d

PROTECTION AGENCY,

)

)

Complainant,

)

AC 05-52

)

V.

)

(IEPA No. 9-05-AC)

)

ROBERT DANIEL

SPEARS,

)

)

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,

ROBERT DANIEL SPEARS (“Respondent”), and pursuant to Sections

3 1.1

and

42(b)(4-5)

ofthe

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:

1.

On December

15, 2004,

Charlie King, an Environmental Protection Specialist

for

the Illinois

EPA’s

Springfield Regional

Office, conducted

an inspection of a facility owned and

operated by

the Respondent.

The site

is

located at 4791

U.

S. Highway 67,

Beardstown,

Cass

County, Illinois, and is designated with Illinois EPA Site Code No.

0178055003.

---

2.

On

or

about

February

8,

2005,

the

Illinois

EPA

served

the

Respondent

with

Administrative CitationNo. 9-05-AC, alleging therein that the Respondent had caused or allowed

open

dumping at

this

site

on

December

15,

2004,

in

a

manner which

resulted in

the following

occurrences: (1) litter, a violation of4l

5

ILCS S/2l(p)(l) (2002); and (2) open burning, a violation

of 415

ILCS

S/2I(p)(3).

3.

On

or

about

February

24,

2005,

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 çiarties 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 he caused or allowed open dumping

resulting in litter, a violation of4l 5 ILCS

5/21 (p)(1) (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

30

days

of

the

date

of

the

Board’s

order

accepting

this

stipulation.

c.

Respondent agrees to diligently complywith, and shall cease

and desist from further violation ofthe Act, 415

IILCS

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.

2

---

e.

The Illinois

EPA

agrees not to

refer the violations

that are

thesubject ofthis administrative citation to the Office of the

Illinois Attorney General or any otherprosecuting authority

for the initiation ofa criminal or civil enforcement action.

£

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

about February 24, 2005,

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,

__________________

DATE:

to

c

Michelle M.

Ryan

Special Assistant Attorney General

1021

North Grand Avenue East

Springfield,

IL 62702-4059

(217) 782-5544

-AND-

Respondent,

-

__________________

DATE:

ca

—pr-cC

ROBERT DANIEL SPEARS

3

---

PROOF OF SERVICE

I hereby certify that

I did

on the

31st

day of October, 2005,

send by U.S.

Mail with postage

thereon fully prepaid, by depositing in a United States Post Office Box a trueand correct copy ofthe

following

instrument(s)

entitled

STIPULATION

OF

SETTLEMENT

AND

DISMISSAL

OF

RESPONDENT’S PETITION FOR ADMINISTRATIVE REVIEW

To:

Robert Daniel Spears

P.O. Box

21

Beardstown, Illinois 62618

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 Gurm, Clerk

Pollution Control Board

-

James R. Thompson Center

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60601

kJ1liJkl 1~c~_

-

~‘1.4ichelle 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