RECER~ED

CLERK’S OFFICE

BEFORE THE LLINOIS

POLLUTION CONTROL BOARD

JUN

01

200k

STATE

OF ILLINOIS

ILLiNOIS ENVIRONMENTAL

)

Pollution

Cc5ntrol

Board

PROTECTION AGENCY,

)

)

Complainant,

)

AC

04-45

)

V.

)

(IEPA No. 34-04-AC)

)

HERBERT LUST,

)

Respondent.

)

NOTICE OF FILING

To:

Herbert Lust

Bement Plumbing Supply Company

P.O. Box

197

Bement, Illinois

61813

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 ADMNISTRATIVE REVIEW.

Respectfully submitted,

~

~

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:

May 24, 2004

THIS FILING

SUBMIYFED ON

RECYCLED PAPER

---

CLERK’S OFFICE

BEFORE THE

ILLINOIS POLLUTION

CONTROL

BOARD

JUN

012004

STATE OF

ILLINOIS

Poll~tjo~

Control Boar

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

)

Complainant,

)

AC

04-45

)

V.

)

(IEPA No. 34-04-AC)

)

HERBERT LUST cl/b/a BEMENT

)

PLUMBING AND SUPPLY COMPANY,

)

)

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,

HERBERT LUST

(“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 ofthe 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 respectffil~y

state as follows:

1.

On January 15, 2004, Curt White, an Environmental Protection Specialist

for the

Illinois

EPA’s

Champaign

Regional

Office, conducted

an

inspection

of a

facility owned and

operated by the Respondent.

The facility

is

located at 200

W.

Franklin

Street, Bement,

Piatt

County, Illinois,

and is designated with

Illinois EPA Site Code No.

1470055017.

---

2.

On

or

about

January

29,

2004,

the

Illinois

EPA

served

the

Respondent

with

Administrative Citation No. 34-04-AC, allegingtherein that theRespondenthad caused orallowed

open dumping

at his facility on

January

15,

2004,

in

a manner which

resulted

in

the following

occurrences: (1)litter,aviolation of4l5 ILCS 5/21(p)(1) (2002); and (2) openburning, aviolation

of415 ILCS

5/21@)(3).

3.

On

or

about

February

27,

2004,

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 5/2l(p)(l) (2002),

and

agrees to

pay the

statutory civil

penalty of $1,500.00

pursuant to 415 ILCS

5/42(b)(4-5) (2002).

b.

Respondent agrees to pay thestatutory civil penalty in fifteen

monthly installments of$100.00, commencing on June 10,

2004, and continuing the first ofeach month thereafter until

paid.

c.

Respondentagrees to diligently comply with, and shallcease

and desist from further violation oftheAct, 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.

2

---

e.

The Illinois

EPA agrees not to

refer the violations

that are

the subject ofthis administrativecitation to the Office ofthe

Illinois Attorney General or any otherprosecuting authority

for the initiation of a criminal or civil enforcement action.

f.

Respondent’s Petition forReview filed with the Board on or

about February 27, 2004, 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:

~

2~O~

Michelle M.

Ryan

Special Assistant Attorney General

1021

North Grand Avenue East

Springfield, IL 62702-4059

(217) 782-5544

-AND-

Respondent,

____________

DATE:

V

HERBER1~LUST

3

---

I hereby certify

that I did on the

24th

day ofMay2004, 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 ADMNISTRAT1VE REVIEW

To:

Herbert Lust

Carol Sudman

Bement Plumbing Supply Company

Hearing Officer

P.O.

Box

197

Illinois Pollution Control Board

Bement, Illinois

61813

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 fully prepaid

-

To:

Dorothy Gunn, Clerk

Pollution Control Board

James R. Thompson Center

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60601

Illinois Environmental Protection Agency

1021

North Grand Avenue East

P.O. Box

19276

Springfield, Illinois 62794-9276

(217) 782-5544

Special Assistant Attorney General

THIS FILING SUBMITTED ON RECYCLED PAPER