BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ILLINOIS ENVIRONMENTAL
)
RECE~VED
PROTECTION AGENCY,
)
CLERK’S OFFICE
OCT -12004
Complainant,
)
AC 04-41
)
STATE OF
ILLINOIS
V.
)
(JEPA No. l5~O4~ACf0~t(0fl
Control Board
)
CHERYL CLAYTON,
)
Respondent.
NOTICE OF FILING
To: Cheryl Clayton
3300 Locust
Quincy, Illinois 62301
PLEASE TAKE NOTICE that on this date I presented to the hearing officer for filing with
the Clerk ofthe Pollution Control Board ofthe State of Illinois the following instrument(s) entitled
STIPULATION OF SETTLEMENT AND DISMISSAL OF RESPONDENT’S PETITIONFOR
REVIEW.
Respectfully submitted,
\~AWAL~~
A
ichelle 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: September 29, 2004
THIS FILING SUBMITTED ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ILLINOIS ENVIRONMENTAL
)
Complainant,PROTECTION
AGENCY,
))
AC 04-41
SThTE
OCT-i2
OL~
004
CE
V.
)
(1EPA No. 15-04-AC)
)
CHERYL CLAYTON,
)
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,
CHERYL CLAYTON (“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 ofthe 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 ADMINTSTRATIVE REVIEW
(“Agreement”), and in support hereof, the parties respectfully state as follows:
1.
On December 29, 2003, Jan Mier, 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 facility is located at 766 North
550th
Avenue, Quincy, Adams
County, Illinois, and is designated with Illinois EPA Site Code No. 0018075006.
2.
On or about January 27, 2004, the Illinois EPA served the Respondent with
Administrative Citation No. 15-04-AC, alleging therein that the Respondent had caused orallowed
open dumping at her facility on December 29, 2003, in a mannerwhich resulted in the following
occurrences: (1) litter, a violation of 415 ILCS 5/2l(p)(l) (2002).
3.
On or about March 1, 2004, 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 terms and conditions ofwhich are as follows:
a.
Respondent admits that shecaused orallowedopen dumping
resulting in litter, a violation of415 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 in
twelve monthly installments of $125.00, commencing on
September 30, 2004, and continuing the last ofeach month
thereafter until paid.
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 removed and properly
disposed of.
2
SEP—28—2004 15: 13
217782980?
217782980? P.01/01
515ep, 28. 2004
‘~
3:03PM
THE BUSINESS CENTRE
~No,8477~0~P. 1/1~’~~
e.
The Illinois
EPA agrees notto
refer
the
violations that are
the subjectofthis administntive citationto the Office ofthe
illinois Attorney Generalorany other prosecutingauthority
for the initiation ofa criminal or civil enforcementaction.
f
Respondent’sPetition for Reviewfiled
withtheBoard on
or
about
March
1, 2004, shall be dismissed.
WHEREFORE,
theparties
requestthatthe
Board accept this
Agreementand
issue anorder
consistent
with
its terms and conditjons.
ILLINOIS ENVIRONMENTAL
PROTECTIONAGENCY, Complainant,
BJJLLILLLJLG1O_ DATE: ~
1
z~1oq
Michelle M. Ryan
Special Assistant Attorney Gen~ai.
1021 North
Grand
Avenue
East
Springfield, IL
62702-4059
(217)
782-5544
-AND-
Respondent,
S~-).
2
DATE:
CHERYLhAYTON
a
3
TOTAL P.04
TOTAL P.01
PROOF OF SERVICE
I
hereby certify that I did on the
29th
day ofSeptember 2004, send by U.S. Mail with postage
thereon fully prepaid, 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
REVIEW
To: Cheryl
Clayton
Carol Sudman
3300 Locust
Hearing Officer
Quincy, Illinois 62301
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 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