BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
    CITY OF CHICAGO
    )
    CLERK’S OFFICE
    DEPARTMENT OF ENVIRONMENT,
    )
    JUN 22
    2005
    )
    Complainant,
    )
    STATE OF ILLINOIS
    v.
    )
    AC
    04-79
    POII~ti~~
    Control Board
    )
    NATIONAL MATERIAL
    )
    LIMITED PARTNERSHIP,
    )
    )
    Respondent.
    )
    STIPULATION OF SETTLEMENT AND DISMISSAL
    OF RESPONDENT’S PETITION FOR ADMiNISTRATIVE REVIEW
    The Complainant, the City ofChicago Department of Environment (“CDOE”), by its
    attorney, Mara S. Georges, Corporation Counsel, and the Respondent, National Material Limited
    Partnership (“NMLP”), by its attorney, Edward V. Walsh, III, hereby enter into this “Stipulation
    ofSettlement and Dismissal ofRespondent’s Petition for Administrative Review”
    (“Agreement”), and request that the Board enter an
    order consistent with the terms of this
    Agreement.
    In support ofthis request, the parties respectfully state as follows:
    1.
    On March 29, 2004, Stanley Kaehler, a CDOE inspector, conducted an inspection
    ofa facility owned by NMLP.
    The facility is
    located at 130th Street and Stony Island Avenue in
    Chicago, Cook
    County, Illinois.
    2.
    On or about May 18, 2004,
    CDOE served NMLP with an administrative citation,
    alleging therein that NMLP had caused or allowed open dumping at its
    facility, in a maimer
    which resulted in the following occurrences:
    (1) deposition ofwaste in standing or flowing
    waters, in violation ofSection 2l(p)(4) ofthe Act, 415 ILCS 5!21(p)(4) (the “first alleged
    violation”); and
    (2) standing or flowing liquid discharge from
    the dump site, in violation of
    Section 21@)(6) ofthe Act, 415 ILCS
    5/2l(p)(6) (the “second alleged violation”).
    1851 25/0056/753080/Version #:.2
    3.
    On or about June 22, 2004, NMLP filed a Petition forReview contesting the
    administrative citation.
    4.
    In an effort to resolve this matterwithout the need for a hearing, and
    as a full
    and
    final resolution ofthe matters addressed in this administrative citation, 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.
    NMLP admits that it caused or allowed open dumping resulting in deposition of
    waste in standing or flowing waters, in
    violation of415 ILCS 5/21 (p)(4), and
    agrees to pay the statutory civil penalty of$1,500.00 pursuant to 415
    ILCS
    5/42(b)(4-5).
    NMLP makes no other admission ofany fact or circumstance in
    connection with this matter.
    b.
    NMLP agrees to pay the statutory civil penalty within thirty (30) days ofentry of
    the final order in this case.
    c.
    NMLP agrees
    to diligently comply with, and shall cease and desist from
    further
    violation of, the Act, 415
    ILCS
    5/1
    et seq., and the Board’s rules
    and regulations,
    35
    Ill.
    Adm. Code Subtitles A through H.
    d.
    In consideration ofNMLP’s admission ofthe violation of415 ILCS 512l(p)(4)
    and
    agreement to pay the penalty, CDOE agrees to dismiss its citation with
    respect to the second alleged violation pertainingto 415 ILCS
    S/2l(p)(6).
    e.
    Contingent upon the Board’s acceptance and
    adoption ofthe terms and conditions
    ofthis Agreement, NMLP’s petition for review shall be dismissed.
    2
    WHEREFORE, the parties request that the Board accept this Agreement and issue an
    order consistent with its terms and conditions.
    Respectfully submitted,
    CHICAGO DEPARTMENT OF
    ENVIRONMENT
    Mara S. Georges
    Corporation Counsel for the City of
    Chicago
    ~
    C
    aries A. King
    Assistant Corporation Counsel
    NATIONAL MATERIAL
    LIMITED PARTNERSHIP
    By:_______
    Edward V. Walsh, III
    Attorney
    Maria S. Georges
    Corporation Counsel
    Mortimer P. Ames
    Senior Counsel
    Charles A.
    King
    Assistant Corporation Counsel
    •Chicago Department ofLaw
    30 N. LaSalle St., Suite 900
    Chicago, IL 60602
    (312) 742-0330
    3

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