CLERK’S OF~CP
BEFORE THE ILLINOIS POLLUTION CONTROL
BOARD
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ADMINISTRATIVE CITATION
STATE
OF
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Pollution Contm
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COUNTY OF SANGAMON,
)
)
Complainant,
)
v.
)
ACO4~
)
SCDPH 04-AC-3
Leland Cole,
)
ADMINISTRATIVE
CITATION
)
Respondent.
)
NOTICE OF FILING AND PROOF OF SERVICE
The undersigned certifies that
an. original and the foregoing STIPULATION AND
PROPOSAL FOR SETTLEMENT~was
served upon the Clerk ofthe Illinois Pollution Control
Board, and one copy was served upon the following party ofrecord by enclosing same in
envelopes addressed to, and by delivering as specified below:
Dorothy Gunn, Clerk
—
U.S.
Mail
John Narmont
Illinois Pollution Control Board
Attorney for Respondent, Leland Cole
James R.
Thompson Center
209 Bruns Lane
100W. Randolph St.,
Suite 11-500
Springfield, Illinois 62704
Chicago, IL 60601
With postage fully prepaid, and by depositing said envelope in a U.S.
Post Office Mail Box in
Springfield,
Illinois before
5:30
p.m. on January
3, 2005
Sheri L.
Carey
Sheri
L.
Carey
Assistant State’s Attorney
Sangamon County State’s Attorney
200 5~
9t~~
Street, Room 402
Springfield, Illinois 62701
(217) 535-3100
THIS FILING IS SUBMITTED ON RECYCLED PAPER
RECE~VED
CLERK’S
OFFICE
JAN
0
S
20(35
BEFORE THE ILLINOIS POLLUTION
CONTROL BOARD
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ADMINISTRATIVE CITATION
COUNTY OF SANGAMON,
)
)
Complainant,
)
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v.
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)
SCDPH 04-AC-3
Leland Cole,
)
ADMINISTRATIVE CITATION
)
Respondent.
)
STIPULATION AND PROPOSAL FOR SETTLEMENT
Pursuant to 35
Ill. Adm.
Code
103.180 (1994), the following Stipulation and Proposal for
Settlement entered into between Complainant, COUNTY OF
SANGAMON (“County”), and
Respondent, Leland Cole (“Respondent”), is tendered for approval by the Illinois Pollution
Control Board (“Board”).
It is expressly understood and agreed to
by and between the County
and Respondent that the agreements, stipulations and statements herein contained-are
not
binding on the parties, and
shall be deemed null and void,
in the event such approval by the
Board is not obtained, or in the event additional terms or conditions which are unacceptable
to
the parties, are imposed by the Board.
This Stipulation and Proposal for Settlement is made for
the purposes ofsettlement only and putting an end to litigation,
and neither the fact that
a party
has entered into this
Stipulation and Proposal for Settlement, nor any ofthe facts stipulated
herein, shall be introduced into evidence or construed as
an admission offact or law in any
other
proceedings conducted before the Board or outside of the jurisdiction ofthe Board
except to
enforce the terms hereofby the parties to this agreements and as evidence of previously
THIS FILING IS SUBMITTED ON RECYCLED PAPER
adjudicated violations for purposes ofSection
39(i)and 42(h) of the Illinois Environmental
Protection Act (“Act”), 415
ILCS
5/39(i)
and
42(h) (2000).
Subject
to the foregoing
understanding and agreement, it is further agreed as follows:
I.
STIPULATION OF FACTS
1.
Leland Cole is the owner ofproperty located at 6208
Reinder, Springfield,
Sangamon County, Illinois.
2.
The Respondent did admit to starting the fire in the alleyway which is adjacent to
the property mentioned in the Administrative Citation.
3.
On November
5,
2004, the County filed the above-captioned Administrative
Citation against Respondent alleging violations ofSections 2l(p)(l) and 2l(p)(3) ofthe Act,
415
ILCS
5/2l(p)(l) and 2l(p)(3) (2000).
4.
On November
9, 2004, the Respondent
signed for receipt ofthe Administrative
Citation by certified mail.
II.
IMPACT ON THE PUBLIC RESULTING FROM NON-COMPLIANCE
Section 33(c) ofthe Act, 415 ILCS
5/33(c)
(2000), provides:
c.
In making its
orders and determinations, the Board shall take into
consideration all the facts and circumstances bearing upon the
reasonableness ofthe emissions,
discharges or deposits involved
including, but not limited to:
-2-
i.
the character and degree of injury to, or interference with the protection of
the health, general welfare and physical property ofthe people;
ii.
the social and economic value of the pollution source;
iii.
the suitability or unsuitability of the pollution source to the area in
which it is located, including the question ofpriority of location in
the area involved;
iv.
the technical practicability and
economic reasonableness of
reducing or eliminating the emissions, discharges or deposits
resulting
from such pollution source; and
v.
any
subsequent compliance.
In response to these factors, the parties state as follows:
1.
The County contends that the Respondent open dumped and open burned waste
materials, but that such burning had minimal impact on human health and the environment.
2.
The County contends that it would be technically practicable and
economically
reasonable
for Respondent to cease open dumping and open burning.
3.
The County and Respondent have met to
discuss compliance issues,
and
Respondent has been in compliance since the filing of the above-captioned Administrative
Citation.
4.
Respondent denies the alleged violation ofopen dumping in the above-captioned
/
Administrative Citation.
.
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III.
DETERMINATION OF APPROPRIATENESS OF CIVIL PENALTY
Section 42(h) ofthe Act, 415
ILCS
5/42(h)
(2000),
provides:
h.
In determining the appropriate civil penalty to
be imposed under subdivisions
(a),
(b)(l), (b)(2), (b)(3) or
(b)(5)
ofthis Section, the Board
is authorized to consider
any matters of record in mitigation or aggravation ofpenalty, including but not
limited
to the following factors:
(1)
the duration and gravity ofthe violation;
(2)
the presence or absence ofdue
diligence on the part ofthe violator in
attempting to
comply with the requirements ofthis
Act and regulations
thereunder or to
secure relief therefrom as provided by this Act;
(3)
any economic benefits accrued by the violator because ofdelay in
compliance with requirements;
(4)
the amount ofmonetary penalty which will serve
to deter further violations
by this violator
and to otherwise aid in enhancing voluntary compliance
with this Act by the violator and any other persons similarly subject to the
Act; and
(5)
the number, proximity in time and gravity ofpreviously adjudicated
violations ofthis Act by the violator.
In response to
these factors, the parties state as follows:
1.
The alleged violations occurred one time, and the potential impact on surrounding
properties would not be considered major.
2.
Respondent has attempted to comply with the Act since receiving the above-
captioned Administrative Citation.
3.
Some economic benefit may have been accrued by Respondent by not having to
pay to deposit waste materials accumulated on the property, but such benefit would be deemed
minimal.
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4.
Respondent denies violating the Act or regulations promulgated thereunder,
but
for the purpose ofsettlement, has agreed to make a payment in the sum of one-thousand five-
hundred dollars ($1,500.00) to
the Sangamon County Department ofPublic Health.
The County
believes that such a payment will deter Respondent from future violations of the Act.
Further,
this payment will aid the County’s enforcement ofthe Act
and regulations, under its delegation
agreement with the Illinois Environmental Protection Agency, against persons similarly subject
to the Act.
5.
Respondent has no previously adjudicated violations.
IV.
COMPLIANCE WITH OTHER LAWS AND REGULATIONS
This Stipulation and Proposal for Settlement in no way affects the responsibility of
Respondent to comply with any other federal, state or local
laws or regulations, including,
but
not limited to
the Act, 415 ILCS
5/1
et seq. (2000), and the Board’s Rules and Regulations,
35
Ill.
Adm.
Code, Subtitles A through H (1994).
V.
JURISDICTION
The Board hasjurisdiction of the subject matter herein and ofthe parties consenting
hereto pursuant to the Act.
VI.
APPLICABILITY AND AUTHORIZATION
This Stipulation and Proposal for Settlement shall apply
to and be binding upon
Complainant, COUNTY OF
SANGAMON, and Respondent, Leland Cole.
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Respondent shall not raise as a defense to
any
action to
enforce this Stipulation and Proposal
for Settlement the failure of any ofits officers, agents, employees,
servants, successors and
assigns to
take such action as shall be required to
comply with the provisions ofthis Stipulation
and Proposal for Settlement.
The undersigned representative for each party certify that they are
fully authorized by the party whom they represent to enter into the terms and conditions ofthis
Stipulation and Proposal
for Settlement and
to legally bind them to it.
VII.
COVERED MATTERS
This Stipulation
and Proposal for Settlement covers all claims
asserted in
the
Administrative Citation filed herein concerning violations ofthe Act, 415
ILCS
5/1
et seq.
(2000), and the regulations promulgated thereunder.
Covered matters do
jj~
include:
i.
Criminal liability;
ii.
Claims based upon Respondent’s failure to meet the requirements of this
Stipulations
and Proposal for Settlement;
iii.
Liability for future violation of federal,
state, local or common laws and/or
regulations;
and
iv.
Any future liability for natural resource damage or for removal,
cleanup, or
remedial action as a result of a release ofhazardous substances or the liability of Respondent
under Section 22.2(f) ofthe Act,
415
ILCS 5/22.2(f) (2000), or under the Comprehensive
Environmental
Response, Compensation and Liability Act, 42 U.S.C. sec.
960 1-9675.
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3.
In consideration of the payment by Respondents of$1,500.00, the County
releases, waives and discharges Respondent from any violations ofthe Act
or the Board’s
regulations which were
the subject matter ofthe Administrative Citation herein.
Respectfully Submitted,
COUNTY OF SANGAMON
JOHN SCHMIDT
State’s Attorney for Sangamon County
BY:________
-~SHERIL.
CAREY
Assistant State’s Attorney
LEL
COE
JOHN NARMONT
Attorney for Respondent
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