•~• RECE~VED
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLERK’S OFFICE
FEB
012005
ILLINOIS ENVIRONMENTAL
)
P~IIutiI3oard
PROTECTION AGENCY,
)
)
Complainant,
)
AC 04-31
)
(IEPA No.
747-03-AC)
v.
)
)
EQUIPPING THE SAINTS MINISTRY,
)
INTERNATIONAL, INC.,
)
)
Respondent.
)
NOTICE OF FILING
To:
Thomas
J. Immel
Feldman, Wasser, Draper & Benson
1307 South Seventh Street
P.O. Box 2418
Springfield, Illinois
62705
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 ADMINISTRATIVE REVIEW.
Respectfully submitted,
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:
January 27, 2005
THIS
FILING SUBMITTED ON
RECYCLED
PAPER
CLERKS OFFICE
BEFORE
THE ILLINOIS POLLUTION
CONTROL BOARD
FEB
012005
ILLINOIS ENVIRONMENTAL
)
STATE OF ILLINOIS
PROTECTION
AGENCY,
)
OlIUtIOfl Control Board
)
Complainant,
)
AC 04=31
)
V.
)
(IEPA No. 747-03-AC)
)
EQUIPPING THE SAINTS MINiSTRY,
)
INTERNATIONAL, INC.,
)
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,
EQUIPPING
THE
SAINTS
MiNISTRY,
INTERNATIONAL,
INC.
(“Respondent”),
by
and
through its attorney, Thomas J. Immel, and pursuant to Sections 31.1 and
42(b)(4-5)
ofthe Illinois
Environmental
Protection
Act
(“Act”), .415
JILCS
5/31.1
and
42(b)(4-5)
(2002),
and
Section
r
103.180 ofthe Illinois Pollution Control Board’s (“Board”) Rules and Regulations, 35
111. Adm.
Code
103.180,
the
parties
hereby
enter into
this
STIPULATION
OF
SETTLEMENT
AND
DISMISSAL
OF
RESPONDENT’S
PETITION
FOR
ADMINIISTRATIVE
REVIEW
(“Agreement”), and
in support hereof, the parties respectfully state as follows:
1.
On November 18, 2003, Steven Townsend, an Environmental Protection Specialist
forthe Illinois EPA’s Springfield Regional Office, conducted an inspection ofa facilityowned and
operated
by the Respondent.
The facility
is
located at 402
W.
Loud
Street, Virden,
Macoupin
County, Illinois, and
is designated
with Illinois EPA
Site Code No. 1174105036.
2.
On January 9, 2004, the
Illinois EPA served the Respondent with
Administrative
CitationNo. 747-03-AC, alleging therein that the Respondent had caused orallowed open dumping
at its facilityon November 18, 2003,
in a mannerwhich resulted in the following occurrences: (1)
litter,
a
violation of 415
ILCS
5/2l(p)(l)
(2002);
and
(2)
deposition
of general
and/or
clean
construction or demolition debris, a violation of 415 ILCS
5/2l(p)(7).
3.
On
or about
February
13,
2004,
the
Respondent
filed
a
Petition
for
Review
contesting the administrativecitation, which was later supplemented by an Objection to Motion for
Default Judgment filed on or about March
19, 2004.
4.
Tn 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 forapproval, the terms and conditions ofwhich are as follows:
a.
Respondent does not admit that it caused or allowed open
dumping
resulting
in
litter,
a
violation
of
415
ILCS
-
5/2l(p)(l)
(2002).
Nevertheless,
in
the
interest
of
settlement,
Respondent agrees
to
pay
a
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 six
monthly installments of$250.00, commencing on February
1, 2005,
and
continuing the
first ofeach month thereafter
until paid.
In the event that payments are not timely made,
the
entire
remaining
unpaid
amount
shall
immediately
become due and payable.
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 or any otherprosecuting authority
for the initiation ofa criminal or civil
enforcement action.
f.
Respondent’s Petition for Review filed with the Board on or
about February
13, 2004 as supplemented by the Objection
to Motion for Default Judgment, 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,
~
~
DATE:
I
I
ç
Michelle M. Ryan
Special Assistant Attorney General
1021 North Grand Avenue East
Springfield,
IL 62702-4059
(217)782-5544
-AND-
EQUIPPING THE
SAINTS MiNISTRY, INTERNATIONAL, INC., Respondent,
BY:____________________
DATE:
J ~
~“
President
3
PROOF OF SERVICE
Ihereby certify that
I did on the
27th
day ofJanuary, 2005 send by U.S. mail, postage prepaid, a
true
and correct copy of the following instrument(s) entitled STIPULATION
OF
SETTLEMENT
AND DISMISSAL
OF RESPONDENT’S PETITION FOR
ADMINISTRATiVE REVIEW
To:
Thomas
J.
Immel
Carol Sudman
Feldman,
Wasser, Draper & Benson
Hearing Officer
1307 South Seventh Street
Illinois Pollution Control Board
P.O.
Box 2418
1021
North Grand Avenue East
Springfield, Illinois 62705
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
-
\AJ~
-
lchelle 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
