RECE~vED

CLERK’S OFFICE

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

APR

152004

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

)

Complainant,

)

AC

04-16

)

)

(IEPA No. 504-03-AC)

)

JAMES FARLEY,

.

)

)

Respondent.

NOTICE OF FILING

To:

Kevin

N.

McDermott, Esq.

15

South Old State Capitol Plaza

Suite

103

Springfield,

Illinois 62701

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,

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:

April

13, 2004

THIS

FILING

SUBMITtED

ON

RECYCLED PAPER

---

RECEIVED

CLERK’S OFFICE

APR

152004

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

STATE OF ILLINOIS

Pollution Control Board

ILLiNOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

)

Complainant,

)

AC 04-16

)

v.

)

(IEPA No. 504-03-AC)

)

JAMES FARLEY,

)

)

Respondent.

)

STIPULATION OF

SETTLEMENT AND DISMISSAL

OF RESPONDENT’S PETITIONFOR ADMINISTRATIVE REVIEW

NOW

COMES

the

Complainant,

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY (“Illinois EPA”), by and through its

attorney, Michelle M. Ryan, and the Respondent,

JAMES FARLEY (“Respondent”),by and through his attorney, Kevin N. McDermott, 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)

(2002),

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 RESPONDENT’S PETITION FOR

ADMINISTRATIVE REVIEW (“Agreement”), and in support hereof,thepartiesrespectfully state

as follows:

1.

On July 30, 2003, Jan Mier, an Environmental Protection Specialist for theIllinois

EPA’s Springfield Regional Office, conducted an inspection ofa facilityowned anth~perated

by the

Respondent.

The

facility

is

located

at the

northwest

corner of Matheny

and

Wolfe

Streets,

RECEIVED

APR

132004

Environmental Protection

Ari~nr~~i

---

Springfield,

Sangamon

County,

Illinois,

and

is

designated

with

Illinois

EPA

Site

Code

No.

1671205718.

2.

On or

about September 25,

2003,

the Illinois EPA

served

the Respondent with

Administrative

Citation

No.

504-03-AC,

alleging therein

that

the Respondent

had

caused

or

allowed open dumping at his facilityon July 30, 2003,

in a manner which resulted in the following

occurrences:

(1) litter, a violation of415 ILCS

5/21(p)(l)

(2002).

3.

On orabout October

16, 2003, the Respondent filed a Petition forReview 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 he caused or allowed open dumping

resulting in litter, a violation of415 ILCS

5/21Q)(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 three

monthly installments of$500.00,

commencing on April 30,

2004,

and

continuing

on

the

30th

day

of

each

month

thereafter until paid.

c.

Respondent agrees to diligently comply with, and shall cease

and desist from furtherviolation oftheAct, 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.

---

e.

The Illinois

EPA

agrees not

to refer the violations that

are

the subject ofthis administrative citation to the Office ofthe

Illinois Attorney General or any otherprosecuting authority

for the initiation of a criminal or civil enforcement action.

f.

Respondent’s Petition for Review filedwith the Board on or

about October

16, 2003, 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,

B~JULAU~JL~C~

DATE:

~J~JQL~

Special Assistant Attorney General

1021 North Grand Avenue East

Springfield,

IL 62702-4059

(217) 782-5544

-AND-

Respondent,

_________________

DATE:

J~(MES

FARLEY

3

---

PROOF OF SERVICE

Thereby certify that I did on the

13th

day ofApril 2004, sendby 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:

Kevin N. McDermott, Esq.

Carol Sudman

15

South Old State Capitol Plaza

Hearing Officer

Suite

103

Illinois Pollution Control Board

Springfield, Illinois 62701

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 fullyprepaid

To:

Dorothy Guim,

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