1. RECEIVEDCLERK’S OFFICE
    2. RECEIVEDCLERK’S OFFICE
    3. PROOF OF SERVICE
RECEIVED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
AUG
302004
COUNTY OF JACKSON,
Complainant,
FRANK STONEMARK,
Respondent.
)
)
)
)
)
AC 04 -43
)
(Site
Code:
)
)
)
)
0778125012)
STATE OF ILLINOIS
Pollution Control
Board
NOTICE OF FILING
TO:
Gregory A.
Veach, Attorney at Law, 3200 Fishback Road
P.O. Box 1206, Carbondale, IL 62903-1206
PLEASE TAKENOTICE that
I
have filed with theOffice ofthe Clerkof
the
IllinoisPollution
Control Board a STIPULATION OF SEflLEMENT AND
DISMISSAL OF RESPONDENT’S
PETITION FOR ADMINISTRATIVE REVIEW.
August 25, 2004
Daniel Brenner
Assistant State’s Attorney
Jackson County Courthouse
Murphysboro, IL 62966
618-687-7200
v.
Daniel
Assistant State’s
Attorney
THIS FILING IS
SUBMITTED ON RECYCLED PAPER
RECEIVED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
AUG
3020(34
STATE OF ILLINOIS
COUNTY
OF JACKSON,
)
Pollution Control Board
)
Complainant,
)
)
v.
)
ACO4-43
Site Code: 0778125012
FRANK STONEMARK,
)
)
Respondent.
)
STIPULATION OF SETTLEMENT AND DISMISSAL
OF RESPONDENT’S PETITION FOR ADMINISTRATIVE REVIEW
NOW
COMES
the
Complainant,
the County of Jackson, (“County”), by
aix!
through
its
B
attorney, Assistant State’s Attorney, Daniel Brenner, and theRespondent, Frank Stonemark, by and
through his attorney, Gregory A. Veach,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 103.300
through
103.306 of the Illinois Pollution Control Board’s (“Board”) Rules and Regulations, 35111.
Adrn. Code 103.300
~.
~
the parties heitby enter into this STIPULATION OF SETTLEMENT
AND
DISMISSAL
OF
RESPONDENT’S
PETITION
FOR
ADMINISTRATIVE
REVIEW
(“Agreement’); and in support hereof, the parti~
respectfully state as follows:
1.
On January 7,2004,
Don Terry,
a Solid Waste Inspector, forthe Jackson County Hethth
Department, co~iductedan inspection of a facility owned and operated
by
the
Respondent.
The
facilityis located in Section 15 ofPomona Township, Jakson County, and isdesignated witha Site
Code No. 0778125012.
2.
On or about January 23,
2004,
the
County served the Respondent with Administrative
Citation No. AC 04-43, alleging therein that the Respondent had caused or allowed open dumping
Page
I
of
3
at his facility onJanuaiy 7,2004, in a manner which resulted in the following occurrences: (1) litter,
a violation of415 ILCS 5/21(p)(1) (2002); and (2) deposition ofgeneral consiructionor demolition
debris; or clean construction or demolition
debris, a violation of415
ILCS
5/21
(p)(7)(2002).
3. On or about March 30, 2004, the Respondent filed a Petition for Review
contesting the
administrative citation.
4. In an~effon
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 teuns and conditions
ofwhich are as
follows:
a4
Respondent admits that he caused or allowed open dumping resulting in
litter, a
yiolation of4lS ILCS 5/21 (p)(1) (2002). Respondentagrees to pay the statutory civil
penalty of$1,500.00 pursuant to 415
ILCS 5/42(b)(4-5) (2002).
b.
Respondent
agre~
to
pay
the
statutoiy
civil
penalty
within
thirty
(30)
days
following
the
Board’s final order
in this
matter.
Payment shall
be
made
to the
~acksonCounty
Treasurer
as
payee, Jackson County
Courthouse,
Murphysboro,
Illinois
62966.
c.
Respondent
agrees
to
diligently
comply with,
and
shall
cease
and
desist
from
§3rther violation ofthe Act, 415
ILCS
S/I
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 ofthis administrative citation has
been removed and properly disposed of.
e
Respondent’s
Petition
for Review filed with
the
Board on
or about
March
30,
2004,
shall be dismissed.
Page 2
of
3
WHEREFORE, the parties request that the Board accept this Agreement and issue an order
consistent with its terms and conditions.
Assistant State’s Attorney
Jackson Count~
Courthouse,
Third Floor
Murphysboro,
IL 62966
618-687-7200
For the Complainant
By:
Attorney at Law
3200 Fishback Road
P.O. Box 1206,
Carbondale, IL 62903-1206
618-549-3132
For the Respondent
By
Page
3 of
3
PROOF OF SERVICE
thereby
certit5’
that! did on the
25th
day ofAugust, 2004,
sendby U.S. Mail,
with
postage
thereon
fully
prepaid, by depositing in U.S. Post OfficeBox a
true and
correct copy ofthe following
instrument(s) entitled STIPULATION
OF
SEflLEMENT
ANDDISMISSAL OF
RESPONDENT’S
PETITIONFOR
ADMINISTRATIVE
REVIEW
To:
Gregory A. Veach
3200 Fishback Road
P.O.
Box
1206
Carbondale,
IL
62903-1206
and
the
originaland nine
(9)
true and
correct copies ofthe
date by U.S.
Mail
with
postage thereon fully prepaid.
To:
Dorothy Gunn, Clerk
Illinois Pollution
Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, IL 60601
Carol Sudman
HearingOfficer
Illinois Pollution ControlBoard
1021 North
Grand
Avenue
East
P.O. Box
19274
Springfield, IL 62794-9274
same foregoing
instruments
on the
same
Daniel Brenner
Assistant State’s Attorney
Jackson
County
Courthouse, Third Fl.
Murphysboro, IL 62966
618-687-7200
FILING SUBMIflEDONRECYCLED PAPER

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