1. PROOF OF SERVICE
RE
CE ~i
V
E D
CLERK’S
QFF~C~
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
I~UG
13
2003
STATE
OF
ILLINOIS
ILLINOIS ENVIRONMENTAL
)
Pollution
Control Board
PROTECTION AGENCY,
)
)
Complainant,
)
AC
02-4
)
(IEPA No. 288-01-AC)
v.
)
)
MOUND CITY,
)
)
Respondent.
)
NOTICE OF FILING
To:
James
A.
Flummer, Esq.
City Attorney, Mound City
Post Office Box 588
3305
Sycamore Street
Cairo, Illinois 62914
PLEASE TAKE NOTICE that on this date Imailed for filing with the Clerk ofthe Pollution Control
Board of the State of Illinois the followinginstrument(s) entitled STIPULATION OF
SETTLEMENT AND
DISMISSAL OF RESPONDENT’S PETITION FOR ADMINISTRATIVE REVIEW.
Respectfully submitted,
ichel e 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:
August 7, 2003
THIS
FILING SUBMITFED ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL ~
ILLINOIS ENVIRONMENTAL
)
AUG
1
3
2003
PROTECTION AGENCY,
)
STATE
OF
ILLINOiS
Complainant,
)
AC 02-4
pollution Control Board
)
(IEPA No. 289-01-AC)
v.
)
MOUND CITY,
)
)
Respondent.
)
STIPULATION OF SETTLEMENT AND DISMISSAL
OF RESPONDENT’S
PETITION
FOR ADMINISTRATIVE REVIEW
NOW
COMES the Complainant, ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
(“Illinois EPA”), byand through its attorney, Michelle M. Ryan, and the Respondent, MOUND CITY
(“Respondenr’),
and
pursuant
to
Sections
31.1
and
42(b)(4-5)
of
the
Illinois
Environmental
Protection Act (“Act~’),415 ILCS 5/31.1
and 42(b)(4-5)(2000), and
Section 103.180 of the Illinois
Pollution Control Board’s (“Board”) Rules and Regulations, 35
III. Adm. Code 103.180, the parties
hereby enter into this STIPULATION OF SETTLEMENT AND DISMISSAL OF RESPONDENT’S
PETITION
FOR ADMINISTRATIVE
REVIEW
(“Agreemenr), and
in
support
hereof, the parties
respectfully state as follows:
1.
OnMay23, 2001,
Sheila Williams, an Environmental Protection
Specialist
for the
Illinois EPA’s Marion Regional Office, conducted an inspection ofafacilityowned-andoperatedby
the Respondents.
The facility is located at South of Route 37 at the west end of Poplar Street in
Mound
City,
Pulaski
County,
Illinois,
and
is
designated
with
Illinois
EPA
Site
Code
No.
1538540006.
2.
On
or
about
July
23,
2001,
the
Illinois
EPA
served
the
Respondent
with
Administrative Citation No.288-01-AC, alleging therein that the Respondenthad caused orallowed
open
dumping
at
its
facility
on
May 23,
2001,
in
a
manner
which
resulted
in
the following
occurrences: (1) litter, a violation of 415
I LCS 5/21 (p)(1) (2000); and (2) open burning, a violation of
415
ILCS
5121(p)(3).
3.
On orabout August21, 2001
,
the Respondentfiled a Petition for Review contesting
the administrative citation.
4.
On
May 7,
1998, the Pollution Control
Board found that Respondent had violated
the provisions listed
in
an Administrative Citation filed on
March 23,
1998 (PCB No. AC 98-24).
5.
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 herebytender it to the
Board for approval, the terms and conditions of which are as follows:
a.
Respondentadmits that it caused orallowed open dumping
resulting in litter,
a violation of 415 ILCS
5/21(p)(1) (1998),
and
agrees to
pay the statutory civil
penalty of $3,000.00
pursuant to 415
ILCS 5/42(b)(4-5) (2000).
b.
Respondent
agrees
to
pay
the
statutory
civil
penalty
of
$3,000.00
in
four equal
monthly
installments
of $750.00,
beginning
on
July
15,
2003,
subsequent
payments
being
due on the I
51h
day of each month
until paid in full.
c.
Respondent
agrees
to
diligently
comply
with,
and
shall
cease and desist from furtherviolation
of the Act, 415 ILCS
5/1
etseq.
(2000), and the Board’s rules and regulations, 35
Ill. Adm. Code
Subtitles A through H.
d.
Respondent will remove
and
properly dispose
of waste
at
the site that was the subject of this administrative cit~tio~nat
a
rate of at least
two
30-cubic-yard
dumpsters
per month
until completed.
Respondent will forward monthly receipts
indicating date, amount of waste removed,
and destination
to the Illinois
EPA Marion Regional Office.
e.
The
Illinois
EPA
agrees
that
if
Respondent
meets
the
requirements of subparagraph (d)above, itwill not referthe
violations that are the subject of this administrative citation
2
to
the
Office
of
the Illinois
Attorney
General
or any
other
prosecuting
authority for the
initiation
of a
criminal or civil
enforcement action.
f.
Respondent’s Petition for Review filed with the Board on or
about August 21, 2001, 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 ~
103
Special Assistant Attorney General
1021
North Grand
Avenue East
Springfield,
IL 62702-4059
(217)782-5544
-AND-
MOUND CITY,
Respondent,
~
DATE:
7//Ø3
SAMU
JOHNSON
Mayor,
Mound City
3
PROOF OF SERVICE
I hereby certify that I did
on the
7th
day of August, 2003,
send by U.S.
Mail, with
postage
thereon fully prepaid, by depositing in a UnitedStates Post Office Box a true and correct copyofthe
following
instrument(s)
entitled
STIPULATION
OF
SETTLEMENT
AND
DISMISSAL
OF
RESPONDENT’S PETITION FOR ADMINISTRATIVE REVIEW
To:
James A. Flummer,
Esq.
Carol Sudman
City Attorney, Mound City
Hearing Officer
Post Office Box 588
Mail Code #8
3305 Sycamore Street
1021
North Grand Avenue East
Cairo, Illinois 62914
Springfield, Illinois 62702
(vIA
INTEROFFICE
MAIL).
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
eM. 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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