1. NOTICE OF FILING
      2. CLERK’S OFFICE
      3. PROOF OF SERVICE
RECE~VED
CLERK’S OFFICE
BEFORE
THE ILLINOIS POLLUTION
CONTROL BOARD
OCT
12
2004
ILLINOIS ENVIRONMENTAL
)
STATE OF ILLINOIS
PROTECTION AGENCY,
)
Pollution Control Board
)
Complainant,
)
AC 04-32
)
)
(IEPA No.
759-03-AC)
)
ROSEMARY PEHM,
)
)
Respondent.
)
NOTICE OF FILING
To:
Eric
S. Swartz,
Esq.
611
Second Street
P.O. Box
174
Henry, Illinois 61537
PLEASE TAKE NOTICE that on this date I presented to the hearing officer for filing with
the Clerk ofthe Pollution Control Board ofthe State ofIllinois the following instrument(s) entitled
STIPULATION OF SETTLEMENT AND DISMISSAL OF RESPONDENT’S PETITION FOR
REVIEW.
Respectfully submitted,
J4cik~~~
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
Dated:
October 7, 2004
THIS
FILING
SUBMI1TED ON
RECYCLED PAPER
RECE~VED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
OCT
122004
STATE OF ILLINOIS
ILLINOIS ENVIRONMENTAL
)
Pollution Control Board
PROTECTION AGENCY,
)
)
Complainant,
)
AC
04-32
)
V.
)
(IEPA No.
759-03-AC)
)
ROSEMARY PEHM,
)
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,
ROSEMARY PEHM (“Respondent”), by and through her attorney, Eric S. Swartz, and pursuantto
Sections 31.1 and 42(b)(4-5) ofthe Illinois EnvironmentalProtection 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
ADMINISTRATIVE REVIEW (“Agreement”), and in support hereof, theparties respectfully state
as follows:
1.
On November26, 2003, JeffPort, an Environmental Protection Specialist
for the
Illinois
EPA’s
BOL-Peoria Regional
Office,
conducted
an
inspection of a
facility owned and
operated by the Respondent.
The facility is located approximately 3 miles south ofthejunction of
Route 18 and Route29 in Henry,Marshall County, Illinois, and is designated with Illinois EPA Site
Code No.
1238035001.
2.
On or about
December
24,
2003,
the illinois
EPA served
the Respondent with
Administrative
Citation
No.
759-03-AC,
alleging
therein
that
the Respondent had
caused
or
allowed open dumping at her facility on November 26,
2003, in a manner which resulted in the
following occunences:
(1) litter, a violation of415 ILCS 5/2l(p)(l) (2002);
(2) open burning, a
violation of 415
ILCS
5/21(p)(3);
and
(3) deposition
of general
andlor clean
construction or
demolition debris,
a violation of415 ILCS 5/21 @)(7).
3.
Onor aboutJanuary 22,2004, 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 or allowed open dumping
resulting in open burning, aviolationof4l5 ILCS 5/21@)(3)
(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 penaltyin fifteen’
monthly installments of$100.00, commencingon November
1,
2004,
and continuing the
first of each month thereafter
until paid.
c.
Respondent agrees to diligently comply with, and shall cease
and desist from furtherviolation 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 or any otherprosecuting authority
for the initiation ofa criminal or civil enforcement action.
f.
Respondent’s Petition forReview filed with the Board on or
about January 22,
2004, shall be dismissed.
WHEREFORE, theparties requestthat theBoard accept this Agreement and issue an order
consistent with its terms and conditions.
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY, Complainant,
B~&L~1J6t~4l~
DATE:
ioI~
io~
Michelle M. Ryan
Special Assistant Attorney General
1021
North Grand Avenue East
Springfield,
IL 62702-4059
(217)782-5544
-AND-
Respondent,
DATE:
ROSEMARY PEHM
3
PROOF OF SERVICE
I hereby certify that I did
on
the
7th
day of October 2004,
send by U.S.
Mail with postage
thereon fully prepaid,by depositing in a United States Post Office Box
a true and correct copyofthe
following
instrument(s)
entitled
STIPULATION
OF
SETTLEMENT
AND
DISMISSAL
OF
RESPONDENT’S PETITION FOR REVIEW
To:
Eric
S. Swartz, Esq.
Carol Sudman
611
Second Street
Hearing Officer
P.O.
Box 174
Illinois Pollution Control Board
Henry, Illinois 61537
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:
DorothyGunn, 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

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