NOTICE OF FILING
To
: Robert C . Wilson, Esq .
117 West Poplar Street
P.O. Box 544
Harrisburg, Illinois 62946
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,
\
Michelle
/~4
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
: June 14, 2006
THIS FILING SUBMITTED ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARIR
CLERK'S
E C E I
OFFICE
V E D
ILLINOIS ENVIRONMENTAL PROTECTION )
AGENCY,
)
JUN
Z
12 006
Complainant,
)
AC 06-11
Pollution
STATE OFControl
ILLINOISBoard
V .
)
(IEPA No . 350-05-AC)
PAUL FREEMAN and FREEMAN
)
ENVIRONMENTAL SERVICES, INC, an
)
Illinois corporation,
)
Respondents
.
)
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECEIVED
CLERK'S
OFFICE
JUN 2 1 2006
ILLINOIS ENVIRONMENTAL
)
PROTECTION
AGENCY,
STATE OF ILLINOIS
)
Pollution Control Board
Complainant,
)
AC 06-11
V .
)
(IEPA No. 350-05-AC)
PAUL FREEMAN and FREEMAN
)
ENVIRONMENTAL SERVICES, INC, an )
Illinois corporation,
)
Respondents.
)
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 Respondents,
PAUL FREEMAN and FREEMAN ENVIRONMENTAL SERVICES, INC ("Respondents"), by
and through their attorney, Robert Wilson, 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 Ill
. Adm.
Code 103.180,
the parties hereby enter into this STIPULATION OF SETTLEMENT AND
DISMISSAL
OF RESPONDENTS'
PETITION FOR ADMINISTRATIVE
REVIEW
("Agreement"), and in support hereof, the parties respectfully state as follows
:
1 .
On August 17, 2005, Garrison Gross, an Environmental Protection Specialist for the
Illinois EPA's Marion Regional Office, conducted an inspection of a facility owned and operated by
the Respondents .
The facility is located at 4960
720 North Division Street in Carterville,
Williamson County, Illinois, and is designated with Illinois EPA Site Code No
. 1990155027.
2 .
On or about October 6, 2005, the Illinois EPA served the Respondents with
Administrative Citation No
. 350-05-AC, alleging therein that the Respondents had caused or
allowed open dumping at their facility on August 17, 2005, in a manner which resulted in the
following occurrences
: (1) litter, a violation of 415 ILCS 5/21(p)(1) (2004) ; (2) open burning, a
violation of 415 ILCS 5/21(p)(3) ; and (3) deposition of general and/or clean construction or
demolition debris, a violation of 415 ILCS 5/21(p)(7)
.
3 .
On or about November 3, 2005, the Respondents 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 terms and conditions of which are as follows :
a.
Respondents admit that they caused or allowed open
dumping resulting in deposition of construction or
demolition debris, in violation of 415 ILCS 5/21(p)(7)
(2004) . Respondents neither admit nor deny that they
caused or allowed open dumping resulting in open burning,
a violation of 415 ILCS 5/21(p)(3) (2004)
. However, in
order to reach an amicable settlement of this matter,
Respondents agree to pay the statutory civil penalty of
$3,000.00
for both of these violations pursuant to 415 ILCS
5/42(b)(4-5) (2004) .
b.
Respondents agree to pay the statutory civil penalty within
30 days of the date of the Board's order accepting this
stipulation .
Michelle M . Ryan
Special Assistant Attorney General
1021 North Grand Avenue East
Springfield, IL 62702-4059
(217) 782-5544
-AND-
PAUL FREEMAN, Respondent,
c.
Respondents agree 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.
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.
Respondents' Petition for Review filed with the Board on or
about November 3, 2005, 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,
DATE
: (O
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FREEMAN ENVIRONMENTAL SERVICES, INC
., Respondent
.0Paul
1.9`/
Free
n, President
ROBERT C WILSON ATTY
PAGE 06
DATE : ~-19 -O`t'
DATE:
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PROOF OF SERVICE
I hereby certify that I did on the 14th
day of June 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: Robert C
. Wilson, Esq.
Carol Webb
117 West Poplar Street
Hearing Officer
P
.O
. Box 544
Illinois Pollution Control Board
Harrisburg, Illinois 62946
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
chelle 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
