CLERKS

OFF~C~

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

STATE.

OF

~LUNO

PoUU~Ofl

C3flt~O~

Bo~d

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

AC 03-34

Complainant,

)

)

V.

)

(IEPA No. 332-03-AC)

)

OLEN G. PARKHILL,

JR.

)

)

Respondent.

)

NOTICE

OF FILING

To:

Deborah Frank Feinen

Nally, Bauer, Feinen & Bullock, P.C.

41 East University Avenue, Suite 2A

P.O. Box 227

Champaign, Illinois 61824-0227

PLEASE TAKE NOTICE that on this date I mailed for filingwith the Clerk of the Pollution Control

Board ofthe State of Illinois the following instrument(s) entitled STIPULATION OF SETTLEMENT AND

DISMISSAL OF RESPONDENT’S PETITION FOR ADMNISTRATIVE REVIEW.

Respectfully submitted,

Michel’1~eM. Ry

Special Assistant Attotney General

Illinois Environmental Protection Agency

1021 North Grand Avenue East

P.O. Box

19276

Springfield, Illinois 62794-9276

(2 17) 782-5544

Dated:

June

17, 2004

THIS

FILING SUBMITFED ON RECYCLED PAPER

---

CLERK’S

~JFflC~

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

STATE. OF

~LUNOIS

PoUut~onCor;~c~

~oa~d

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

)

Complainant,

)

AC 03-34

)

V.

)

(IEPA No. 332-03-AC)

)

OLEN G. PARKHILL, JR.

)

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,

OLEN G. PARKHILL, JR. (“Respondent”), by and through his attorney, Deborah Frank Feinen,

and pursuant to Sections 31.1

and 42(b)(4-5) oftheIllinois 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 partieshereby enterinto

this

STIPULATION OF

SETTLEMENT AND DISMISSAL

OF RESPONDENT’S PETITION

FOR ADMINISTRATIVEREVIEW (“Agreement”), and in support hereof, the partiesrespectfully

state as follows:

1.

On May 15, 2003, Kenneth Keigley, an Environmental Protection Specialist forthe

Illinois

EPA’s

Champaign

Regional

Office,

conducted

an

inspection of a

facility

owned and

operated

by

the

Respondent.

The

facility

is

located

on

the

north

side

of Tin

Cup

Road,

---

approximately ¼

mile

east of Prairieview Road,

Mahornet, Champaign

County, Illinois,

and is

designated with Illinois EPA Site Code No. 0198125002.

2.

On June

16,

2003,

the Illinois

EPA served

the Respondent

with

Administrative

CitationNo. 331-03-AC, allegingtherein that the Respondenthad caused orallowed open dumping

athis facilityon April

15,

2003, in a mannerwhich resulted in the following occurrences: (1) litter,

a violation of 415 ILCS

5/21@)(1) (2002); (2) open burning, a violation of415 ILCS

5/2l(p)(3);

and

(3) deposition of general and/or clean

construction or demolition debris, a violation of415

ILCS

5/2l(p)(7).

3.

On orabout July 7, 2003, the Respondent filed a PetitionforReviewcontesting 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 of which are as follows:

a.

Respondent admits that he caused or allowed open dumping

resulting in deposition ofconstruction or demolition debris,

a

violation

of 415

ILCS

5/21QD)(7)

(2002).

Respondent

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 the statutory civil penalty by July

31, 2004.

c.

Respondent agreesto 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 Officeofthe

Illinois Attorney General or any otherprosecuting authority

for the initiation ofa criminal or civil enforcement action.

f.

Respondent’s Petition for Review filedwith the Board on or

about July 7, 2003, shall be dismissed.

WHEREFORE, the parties requestthat the Board acceptthis Agreement and issue an order

consistent with its terms and conditions.

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY, Complainant,

~

DATE:

~ ) ~

Michelle M. Ryan

Special Assistant Attorney General

1021

North Grand Avenue East

Springfield, IL 62702-4059

(217) 782-5544

-AND-

Respondent,

_______________

DATE:

Olen G. Parkhill

Jr.

3

---

PROOF OF SERVICE

I herebycertify that I did on the

17th

dayofJune 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 ADMNTSTRATIVE REVIEW

To:

Deborah FrankFeinen

Carol Sudman

Nally, Bauer, Feinen & Bullock, P.C.

Hearing Officer

41

East University Avenue, Suite 2A

Illinois Pollution Control Board

P.O. Box 227

1021 North Grand Avenue East

Champaign,

Illinois 61824-0227

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

dateby 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

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

THIS FILiNG SUBMITTED ON RECYCLED PAPER