1. NOTICE OF FILING
      2. PROOF OF SERVICE
RECEFVED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
APR
062005
ILLINOIS ENVIRONMENTAL
)
Control Board
PROTECTION AGENCY,
)
)
Complainant,
)
AC
05-07
)
V.
)
(IEPA No. 347-04-AC)
)
EDWARD
and BETTY JO CAN and
)
EDWARD
CAN cl/b/a
CAIN
ROOFING
)
COMPANY,
)
)
Respondents.
)
NOTICE OF FILING
To:
Nolan
C.
Craver, Jr.
Middleton, Craver & Keller
P.O. Box 905
Urbana, Illinois 61803-0905
PLEASE TAKE NOTICE that on this date I mailed for filing with the Clerk of the Pollution control
Board ofthe State ofIllinois the following instrument(s) entitled STIPULATION OF
SETTLEMENT AND
DISMISSAL OF RESPONDENT’S PETITION FOR ADMNISTRATIVE REVIEW.
Respectfully submitted,
JJuhA~LI~46~
Michelle M. Ryan
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021 NorthGrand Avenue East
P.O. Box
19276
Springfield, Illinois 62794-9276
(217) 782-5544
Dated:
April
4, 2005
THIS
FILING
SUBMITFED ON RECYCLED PAPER
RECE~V~D
CLERK’S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
APR
1)62005
STATE
OF
ILLINOIS
ILLINOIS ENViRONMENTAL
)
Pollution Control Board
PROTECTION AGENCY,
)
)
Complainant,
)
AC
05-07
)
V.
)
(IEPA N~347-04-AC)
)
EDWARD and
BETTY JO CAIN and
)
EDWARD CAIN d/b/a CAIN ROOFING
)
COMPANY,
)
)
Respondents.
)
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 Respondents,
EDWARD
and BETTY JO
CAIN
and
EDWARD
CAIN cl/b/a
CAIN ROOFING COMPANY,
(“Respondents”), by and through theirattorney, Nolan C. Craver, Jr., and pursuant to Sections 31.1
and 42(b)(4-5) ofthe I11in~is
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
SETTLEMENTAND DISMISSAL OF RESPONDENT’S PETITION FOR ADMINISTRATIVE
REVIEW (“Agreement”), and in support hereof, the parties respectfully state as follows:
1.
On July 2, 2004, Kenneth Keigley, an Environmental Protection Specialist
forthe
Illinois
EPA’s
Champaign
Regional
Office,
conducted
an
inspection of a
facility
owned and
operated by the Respondents.
The facility is located at
1102 North County Road 900. N, Tolono,
Champaign County, Illinois, and
is designated with Illinois EPA Site Code No.
0191005010.
2.
On or about December 24,
2003,
the Illinois
EPA served the Respondents with
Administrative
Citation No.
347-04-AC, alleging
therein
that
the R~espondentshad
caused or
allowed open dumping at theirfacility on July 2, 2004,
in a manner which resulted in the following
occurrences:
(1) litter, a violation of415 ILCS
5/21@)(1).(2002);
(2) open burning, a violation of
41.5 ILCS
5/21 (p)(3); and (3) deposition ofgeneral and/orclean construction or demolition debris, a
violation of415 ILCS 5/2l(p)(7).
3.
On oraboutAugust 4, 2004, the Respondents 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.
Respondents
admit
that
they
caused
or
allowed
open
dumping resulting in open burning, a violation of415 IILCS
5/21(p)(3) (2002), and agreeto pay thestatutory civil penalty
of$1,500.00 pursuant to 415 ILCS
5/42(b)(4-5) (2002).
b.
Respondents jointly agree to pay the statutory civil penalty
within thirty (30) days ofentry ofthe finalorder in this case.
c.
Respondents agreeto 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 Officeofthe
Illinois Attorney General orany other prosecuting authority
for the initiation of a criminal or civil enforcement action.
f.
Respondent’s Petition forReview filedwith theBoard on or
about August 4, 2004, 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,
_____________
DATE:
Michelle M. Ryan
Special Assistant Attorney General
1021
North Grand Avenue East
Springfield,
ilL 62702-4059
(217) 782-5544
-AND-
Respondents,
~
DATE:
~
EDWARD CAIN
________
DATE:
BETTYJ
C
3
PROOF OF SERVICE
I hereby certify that I did on the
4th
day ofApril
2005,
send by 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:
Nolan C. Craver, Jr.
Bradley Halloran
Middleton, Craver & Keller
Hearing Officer
P.O. Box 905
Illinois Pollution Control Board
Urbana, Illinois 61803-0905
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
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 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

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