BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Complainant,
)
)
V.
)
)
EDWARD SAPP,
)
)
RECEIVED
CLERK’S OFFICE
MAY
1
42004
STATE OF ILLINOIS
AC 04-4
Pollution Control Board
(JEPA No. 390-03-AC)
Respondent.
)
To:
Edward Sapp
Box 234
304 No. Grove
Middletown, Illinois 62666
NOTICE OF FILING
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 REVIEW.
Illinois Enviropmental Protection Agency
1021
North Grand Avenue East
P.O.
Box
19276
Springfield,
Illinois 62794-9276
(217)
782-5544
Dated:
May
11, 2004.
Respectfully submitted,
Special Assistant Attorney General
THIS
FILING
SUBMITFED ON RECYCLED PAPER
RECEIVED
CLERK’S OFFICE
BEFORE
THE ILLINOIS POLLUTION CONTROLBOARD
MAY
142004
STATE OF ILLINOIS
ILLINOIS
ENVIRONMENTAL
)
Pollution Control Board
PROTECTION AGENCY,
)
)
Complainant,
)
AC 04-4
)
v.
)
(IEPA No. 390-03-AC)
)
EDWARD SAPP,
)
)
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,
EDWARD
SAPP
(“Respondent”),
and
pursuant to
Sections
31.1
and
42(b)(4-5)
ofthe Illinois
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
III. 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, the parties respectfully state as follows:
1.
On June 3, 2003, Michelle Allen, an Environmental Protection Specialist
for the
Illinois
EPA’s
Springfield
Regional
Office,
conducted
an
inspection
of a
facility owned and
operated by the Respondent. The facilityis located in Huribut Township, Logan County, which has
a mailing address of 460
100th
Avenue, Athens, Illinois, and
is designated with Illinois EPA Site
Code No.
1078085003.
2.
On
or
about
August
4,
2003,
the
Illinois
EPA
served
the
Respondent
with
Administrative
Citation
No.
390-03-AC,
alleging
therein
that
the
Respondent
had
caused
or
allowed open dumping at his facility on June 3, 2003, in a manner which resulted in the following
occurrences: (1) litter, a violation of415
ILCS 5/21(p)(1) (2002); and (2) open burning, a violation
ofSection 21(p)(3) ofthe Act, 415 ILCS 5/2l(p)(3) (2002).
3.
On
or about
September
8,
2003,
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 he caused orallowed open dumping
resulting in litter, a violation of415 ILCS
5/21(p)(I)
(2002),
which was a second offense.
Respondent agrees to pay the
statutory civil
penalty of $3,000.00
pursuant to
415
ILCS
5/42(b)(4-5) (2002).
b.
Respondent agrees
to pay the statutory civil penalty in
ten
monthly installments of $167.00,
commencing on June
1,
2004, and continuing the first ofeach month thereafteruntil
paid.
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
Iii.
Adm.
Code Subtitles A through H.
d.
A portionofthe waste located at the sitethat was thesubject
of
this
administrative
citation
has
been
removed
and
2
properlydisposed of.
Respondent no longer has legal access
to
the property for the purpose of completing the cleanup
work.
e.
The Illinois EPA agrees not to refer the violations that are
the subject ofthis administrative citation to the Officeofthe
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 September 8, 2003, shall be
dismissed.
WHEREFORE, theparties request that the Board acceptthis Agreement and issue an order
consistent with its terms and conditions.
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY, Complainant,
______________
DATE:
51o
I
Michelle M. Ryan
Special Assistant Attorney General
1021 North Grand Avenue East
Springfield,
IL 62702-4059
(217) 782-5544
-AND-
Respondent,
E~P
DATE:
3
PROOF OF SERVICE
Iherebycertify that I did on the
11th
day ofMay, 2004, 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 REVIEW
To:
Edward Sapp
Carol Sudman
Box 234
Hearing Officer
304 No. Grove
Illinois Pollution Control Board
Middletown, Illinois 62666
1021
North Grand Avenue East
P.O. Box 19274
Springfield,
Illinois
62794-9274
and the original and nine (9) true and correct copies of the 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
Special Assistant Attorney General
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box
19276
Springfield,
llünois 62794-9276
(217) 782-5544
THIS FILING SUBMITTED ON RECYCLED PAPER
