1. NOTICE OF FILING
      2. PROOF OF SERVICE
BEFORE THE ILLiNOIS POLLUTION CONTROL BOARD
CLERK’S OFFICE
JUN
200k
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY
)
STATE OF
ILLINOIS
)
Pollution Control Board
Complainant,
)
AC 04-08
)
V.
)
(IEPA No. 392-03-AC)
)
ROGER RAY,
)
)
Respondent.
)
NOTICE OF FILING
To:
Mark S.
Morthiand
Morthland, Morthiand & Rau,
P.C.
227 South Water Street
Decatur, Illinois 62523
PLEASE TAKE NOTICE that on this date I mailed for filing with the Clerk ofthe 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:
June
3, 2004
THIS
FILING SUBMITTED
ON RECYCLED
PAPER
II~ECE~VED.
CLERK’S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
~
42004
STATE
OF ILLU’iOJs
ILLiNOIS ENVIRONMENTAL
)
Pollution Control Board
PROTECTION AGENCY,
)
)
Complainant,
)
AC 04-08
)
v.
)
(IEPA No. 392-03-AC)
)
ROGER RAY,
)
)
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,
ROGER RAY (“Respondent”), by and through his attorney, Mark S. Morthland, and pursuant to
Sections 31.1 and
42(b)(4-5)
ofthe Illinois EnvironmentalProtection Act (“Act”),
415
TLCS 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, thepartiesrespectfullystate
as follows:
1.
On July 8, 2003, Deanna Carlock, an Environmental Protection Specialist
for the
Illinois
EPA’s
Champaign
Regional
Office,
conducted
an
inspection
of a
facility owned
and
operated
by the
Respondent.
The facility
is
located on
the southeast side
of the intersection
between the railroad tracks and 750 East in Kirksville, Moultrie County, Illinois, and is designated
with Illinois EPA Site
Code No.
1398065001.
2.
On or
about September
4,
2003,
the
Illinois
EPA
served
the Respondent
with
Administrative
Citation No.
392-03-AC,
alleging
therein
that
the Respondent had
caused
or
allowed open dumping at his facilityon July 8, 2003,
in a manner which resulted in the following
occurrences: (1) litter, a violation of415 ILCS 5/21(p)(1) (2000); (2) open burning, a violation of
415 ILCS 5/21(p)(3); and (3) deposition of general andlorclean construction ordemolition debris, a
violation of415
ILCS S/2l(p)(7).
3.
On
or about
September
29,
2003,
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 he caused orallowed open dumping
resulting in litter and open burning, a violation of4l
5
ILCS
5/21(p)(l) and (p)(3) (2002), and agrees to pay the statutory
civil penaltyof$3,000.00 pursuant to 415 ILCS
5/42(b)(4-5)
-
(2002).
b.
Respondent agrees
to pay the statutory civil penalty in
ten
monthly installments of $250.00,
commencing on
July
1,
2004, and continuing the first ofeachmonth thereafteruntil
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.
e.
The Illinois EPA agrees not
to refer the violations that are
the subject ofthis administrative citation to the Office ofthe
Illinois Attorney General orany otherprosecuting authority
for the initiation ofa criminal or civil enforcement action.
f.
Respondent’s Petition forReview filedwith the Board on or
about September 29, 2003, 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,
B~kJU~L~
DATE:
(~
(~
Michelle M. Ryan
Special Assistant Attorney General
1021
North Grand Avenue East
Springfield,
IL 62702-4059
(217)
782-5544
-AND-
Respondent,
R~Y~
DATE:
Q5
-0 ~
3
PROOF OF SERVICE
I hereby certif~’
that I did on the 3~’
day ofJune, 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:
Mark S. Morthland
Carol Sudman
Morthland, Morthland & Rau, P.C.
Hearing Officer
227 South Water Street
Illinois Pollution Control Board
Decatur, Illinois 62523
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
Miche le 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

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