1. NOTICE OF FILING
      2. PROOF OF SERVICE
EC E ~1
YE D
CLERK’S OFRCE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JU~
‘~
~
L
STATE OF ~LUNO~S
ILLINOIS ENV~ONMENTAL
)
PoUut~onContro~
Board
PROTECTION AGENCY,
)
AC
03-33
Complainant,
)
)
V.
)
(IEPA No.
331-03-AC)
)
OLEN G. PARKHILL,
JR.
)
)
Respondent.
)
NOTICE OF FILING
To:
DeborahFrank 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 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:
June
17, 2004
THIS
FILING SUBMITFED
ON
RECYCLED PAPER
CL~RK’3
OFFiCE
BEFORE THE ILLINOIS
POLLUTION CONTROL BOARD
~
~
~
ILLINOIS ENVIRONMENTAL
)
PoUui~onContro~Board
PROTECTION AGENCY,
)
)
Complainant,
)
AC 03-3 3
)
V.
)
(IEPANo.
331-03-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)
ofthe Illinois Environmental Protection Act (“Act”),
415
ILCS
5/3 1.1
and
42(b)(4-5)
(2002),
and
Section
103.180
of the Illinois
Pollution
Control
Board’s (“Board”) Rules
and
Regulations, 35 Ill. Adm. Code 103.180, the parties herebyenterinto
this
STIPULATION
OF
SETTLEMENT AND DISMISSAL OF RESPONDENT’S PETITION
FOR ADMINISTRATIVE REVIEW (“Agreement”), and in support hereof, theparties respectfully
state as follows:
1.
On April 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 facilityis located approximately 100 yards east ofthe east end of
Jefferson Road, Candlewood Estates Mobile Home Park, Mahomet, Champaign County, Illinois,
and is designated with Illinois EPA Site Code No. 0198125003.
2.
On June
16,
2003,
the Illinois
EPA served
the Respondent with
Administrative
Citation No. 331-03-AC, alleging therein that the Respondent had causedor allowed open dumping
at his facility on April
15, 2003,
in a mannerwhich resulted in the following occurrences: (1) litter,
a violation of415
ILCS S/2l(p)(l)
(2002); (2) open burning, a violation of 415 ILCS
S/2l(p)(3);
and (3) deposition ofgeneral and/or clean construction or demolition debris,
a violation of 415
ILCS 5/2l(p)(7).
3.
On or about July 7, 2003, the Respondentfiled a Petition forReview 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.
Respondentadmits that he caused or allowed open dumping
resulting in litter, a violation of415 ILCS 5/21(p)(l) (2002),
which
was
a
second or subsequent
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 three
monthly installments of$1000.00, commencing on July 31,
2004, and continuing the last of each month thereafter until
paid.
c.
Respondent agreesto diligently comply with, and shall cease
and desist from furtherviolation 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 Office ofthe
Illinois Attorney General or any other prosecuting authority
for the initiation of a 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 accept this Agreement and issue an order
consistent with its terms and conditions.
-
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY, Complainant,
Bj\t~JJUkJ~
~
DATE:
~
Michelle M. Ryan
Special Assistant Attorney General
1021
North Grand Avenue East
Springfield,
IL
62702-4059
(217)782-5544
-AND-
Respondent,
L
DATE:
~
Olen G. Parkhill Jr.
3
PROOF OF SERVICE
Therebycertify 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 ADMNISTRATIVE REVIEW
To:
Deborah Frank Feinen
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
date by U.S. Mail with postage thereon fully prepaid
-
To:
Dorothy Guim, 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

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