RE

c

~V ED

CLERK’S

OFF~C~

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

JUL

01

2O~4

STATE OF

lLLlI\JO~&3

Pollution Control

~3o~rc~

ILLINOIS

ENVIRONMENTAL

)

PROTECTION AGENCY,

)

)

Complainant,

)

AC

03-2 1

)

V.

)

(IEPA No.

112-03-AC)

)

JOHN

SMITH and TWILLA WILLIAMS

)

SMITH,

)

)

Respondents.

)

NOTICE OF FILING•

To:

John Smith and

Twilla Williams Smith

201

Grand

Anna, Illinois 62906

PLEASE TAKE NOTICE that on this date I mailed forfiling with the Clerk of the Pollution Control Board ofthe

State ofIllinois the followinginstrument(s) entitled STIPULATION OF SETTLEMENT AND DISMISSAL OF

RESPONDENT’S PETITION FOR ADMINISTRATIVE

REVIEW.

Respectfully submitted,

~

icheleM. 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:

June

29, 2004

THIS

FILING SUBMITTED ON RECYCLED PAPER

---

REcrvr~.:~

CLERK’S

OFFICE

BEFORE THE ILLINOIS POLLUTION CONTROLBO~

JUL

012004

STATE OF lLLlNO~S

Pollution Control

Board

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

)

Complainant,

)

AC 03-2 1

)

v.

)

(IEPAN0.

112-03-AC)

)

JOHN SMITH

and TWILLA

WILLIAMS

)

SMITH,

)

)

Respondents.

)

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, arid the Respondents,

JOHN

SMITH

AND

TWILLA

WILLIAMS

SMITH

(“Respondents”),

by

and

through

their

attorney,

Steven

Applegate,

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)

(2002),

and

Section

103.180 of the Illinois Pollution Control Board’s (“Board”) Rules and Regulations,

35

Ill.

Adm.

Code

103.180,

the

parties

hereby enter

into

this

STIPULATION

QF

SETTLEMENT

AND

DISMISSAL

OF

RESPONDENT’S

PETITION

FOR

ADMINISTRATIVE

REVIEW

(“Agreement”),

and

in support hereof, the parties respectfully state as follows:

1.

On January 7, 2003, Doug Hayward, an Environmental Protection Specialist forthe

Illinois EPA’s Marion Regional Office, conducted

an inspectionofa facilityowned and operated by

the Respondents.

The facility is located at located 201

Grand,

Anna,

Union County, Illinois,

and is

designated with Illinois EPA Site Code No.

1810055075.

---

2.

On

or

about

March

4,

2003,

the

Illinois

EPA

served

the

Respondent

with

Administrative

Citation No.

112-03-AC, alleging therein that

the Respondents

had

caused or

allowed

open

dumping at their facility on

January

7,

2003,

in

a manner which resulted

in

the

following occurrences:

(1) litter, a violation of415 ILCS

5/21@)(1)

(2000); and (2) deposition of

general and/or clean construction ordemolition debris, a violation of4l 5 ILCS 5/21

(p)(7)

(2000).

3.

On or about April 3, 2003, the Respondents 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 of which are as follows:

a.

Respondents

admit

that

they

caused

or

allowed

open

dumping

resulting

in

litter,

a

violation

of

415

ILCS

5/21(p)(1)

(2000),

and

agrees

to

pay

the

statutory

civil

penalty of $1,500.00

pursuant

to

415

ILCS

5/42(b)(4-5)

(2002).

b.

Respondents

agree to

pay the statutory civil penalty in six

monthly installments of$250.00, commencing on August 1,

2004, and continuing the first ofeachmonth thereafteruntil

paid.

c.

Respondents agree to diligently complywith, 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.

2

---

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

thesubject 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 forReview filed with the Board on or

about April 3, 2003, shall be

dismissed.

WHEREFORE, the partiesrequest that the Board accept this Agreement and issue an order

consistent with its terms and conditions.

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY, Complainant,

~

DATE:

(0

1

2-~

Michelle M. Ryan

Special Assistant Attorney General

1021 North Grand Avenue East

Springfield,

IL 62702-4059

(217) 782-5544

-AND-

Respondents,

___________________

DATE:

~-~Jc9

~

JOHN SMITH

~

DATE:

TWILLA WILLIAMS SMITH

3

---

PROOF OF SERVICE

I hereby certify that I did on the

29th

day ofJune, 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 ADMINISTRATIVE REVIEW

To:

John Smith and

Twilla Williams Smith

201

Grand

Anna, Illinois 62906

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

i~id~a~Y

&16~

Michelle M. Ry

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