RECEQVED

CLERK’S OFFICE

BEFORE THE

ILLINOIS POLLUTION CONTROL BOARD

JUL

19

2OO’~’

STATE OF ILLINOIS

Pollution Control Board

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

)

Complainant,

)

AC 03-32

)

)

(IEPA No. 250-03-AC)

)

CARL

BENEDICT dlb/a Benedict

)

Auto Sales,

)

Respondent.

)

NOTICE OF FILING

To:

Carl Benedict

Carol Sudman

2500 West Farmington Road

Hearing Officer

West Peoria, Illinois 61604

Illinois Pollution Control Board

102 1North Grand Avenue East

P.O. Box 19274

Springfield, Illinois 62794-9274

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

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

RESPONDENT’S PETITION FOR REVIEW.

Respectfully submitted,

~

ichelle 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

Dated:

July

15,

2004

THIS FILING SUBMITFED ON RECYCLED PAPER

---

BEFORE THE ILLINOIS

POLLUTION CONTROL BOARD

JUL

192004

ESTATE

OF ILLINOiS

o ‘Ution Control Board

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

)

Complainant,

)

AC

03-32

)

v.

)

(IIEPA No. 250-03-AC)

)

CARL BENEDICT

dlb/a Benedict

)

Auto Sales,

)

)

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,

CARL BENEDICT (“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

Sections

101.500 and 103.300 ofthe Illinois Pollution ControlBoard’s (“Board”) Rules and Regulations, 35

Ill.

Adm.

Code

101.500

and

103.300,

the parties

hereby enter

into

this

STIPULATION

OF

SETTLEMENT ANDDISMISSAL OF RESPONDENT’S PETITION FOR ADMNISTRATIVE

REVIEW (“Agreement”), and in support hereof, the parties respectfully state as follows:

1.

On March 31, 2003,

Gene Figge, an Environmental Protection

Specialist

for the

Illinois

EPA’S

Peoria

Regional

Office,

conducted

an

inspection

of a

facility

operated

by the

Respondent.

The facility is locatedon the southwest side oftheintersection ofPottstown Road and

Kickapoo Creek Road, Kickapoo Township, Peoria County, Illinois, and is designated with Illinois

EPA Site Code No. 1438075011.

---

2.

On

or

about

May

29,

2003,

the

Illinois

EPA

served

the

Respondent

with

Administrative

Citation

No.

250-03-AC,

alleging therein

that

the Respondent

had

caused

or

allowed open

dumping at

his

facility on

March

31,

2003,

in

a

manner

which

resulted

in

the

following occurrences: (1) litter, a violation of415 ILCS 5/21(~~)(1)

(2002).

3.

On orabout June 30, 2003, the Respondent filed 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.

Respondent does not admit that he caused or allowed open

dumping

resulting

in

litter,

a

violation

of

415

ILCS

5/21@)(1)

(2002).

Nevertheless,

in

the

interest

of

settlement,

Respondent

agrees

to

pay

a

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

in

monthly installments of$200.00, commencing on August 1,

2004, and continuing the first ofeach month thereafteruntil

paid.

The

eighth

payment

will

be

the

balance

due

of

$100.00.

c.

Respondent agrees to diligently comply with, and shall cease

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.

Respondent has removed approximately 900 tires from the

property,

including tires

that

he

does not

believe he

was

responsible for removing.

2

---

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 ofa criminal or civil enforcement action.

f.

Respondent’s Petition forReview filedwith the Board on or

about June 30, 2003,

shall be dismissed.

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

consistent with its terms and conditions.

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY, Complainant,

~

DATE:

~

~,2OO~

Michelle M. Ryan

Special Assistant Attorney General

1021

North Grand Avenue East

Springfield,

IL 62702-4059

(217) 782-5544

-AND-

Respondent,

____________________

DATE:

7

/

‘~

9

CARL

BENEDICT

3

---

PROOF OF SERVICE

I hereby certify that I did on the l5t~~

day ofJuly, 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:

Carl Benedict

Carol Sudman

2500 West Famiington Road

Hearing Officer

West Peoria, Illinois 61604

Illinois Pollution

Control Board

1021

North Grand Avenue East

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 fullyprepaid

To:

Dorothy Gunn, Clerk

Pollution Control Board

James R. Thompson Center

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60601

ichelle M. Ryan

Special Assistant AttorneyGeneral

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