~EC~1VED

CLERK’S OFFICE

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

NOV

182004

ILLiNOIS ENVIRONMENTAL

)

STATE

OF

ILLINOIS

PROTECTION AGENCY,

)

Pollution Control Board

)

Complainant,

)

AC 04-34

)

V.

)

(IEPA No. 723-03-AC)

)

TROY WILLIAMSON and SWORDS

)

VENEER AND LUMBER COMPANY,

)

)

Respondents.

)

NOTICE OF FILING

To:

Anne P. Walters

Troy Williamson

Katz, Huntoon & Fieweger, P.C.

19022 Buysse Road

1000

36th

Avenue

Coal Valley, Illinois

61240

Moline, Illinois 61264-7126

PLEASE TAKE NOTICE that on this date I mailed

for

filing with 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,

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:

November

15,

2004

THIS

FILING SUBMITTED

ON

RECYCLED PAPER

---

RECEIVED.

BEFORE

THE ILLINOIS POLLUTION CONTROL BOARD

CLERK’S OFFI(~E

NOV18

2004

ILLINOIS ENVIRONMENTAL

)

STATE

OF ILLINOIS

PROTECTION AGENCY,

)

Pollution Control Board

)

Complainant,

)

AC 04-34

)

V.

)

(IEPANo.

723-03-AC)

)

TROYWTLLIAMSON and

SWORDS

)

VENEER AND LUMBER COMPANY,

)

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,

and the Respondent,

TROY

WILLIAMSON,

pro

Se,

and

the

Respondent

SWORDS

VENEER

AND

LUMBER

COMPANY,

by

and through

its

attorney,

Anne

P.

Walters, (collectively, “Respondents”),

and

pursuant to

Sections 31.1 and 42(b)(4-5) ofthe Illinois EnvironmentaI~ProtectionAct (“Act”), 415

ILCS

5/31.1

and

42(b)(4-5)

(2002), and

Sections

101.500 and

103.300 of the Illinois Pollution

Control Board’s (“Board”) Rules and Regulations,

35

Ill. Adm.

Code

101.500

and

103.300, the

parties

hereby

enter

into

this

STIPULATION

OF

SETTLEMENT

AND

DISMISSAL

OF

RESPONDENT’S PETITION FOR ADMINISTRATIVEREVIEW (“Agreement”), andin support

hereof, the parties respecttlilly state as follows:

1.

On November

5,

2003,

Jeff Port,

an Environmental Protection

Specialist• for the

Illinois

EPA’s

BOL-Peoria

Regional

Office,

conducted

an

inspection of a

facility owned

and

operated by theRespondent Troy Williamson.

The facility is located at theintersectionofSchaffer

---

Creek and

County Road

1900 North (Schroeder Road)

in rural Henry County near Coal Valley,

Illinois,

and is designated with Illinois EPA Site Code No.

0738075002.

2.

On or about December

31,

2003,

the

illinois

EPA served

the Respondents with

Administrative

Citation No.

723-03-AC,

alleging therein

that

the

Respondents

had

caused or

allowed open

dumping at the

above-named

facility

on November

5,

2003,

in

a manner which

resulted in the following

occurrences:

(1) litter, a violation of 415

ILCS

5/2l(p)(l)

(2002);

(2)

deposition

of waste in

standing or flowing

waters,

a violation of 415

ILCS

5IT2l(p)(4);

and

(3)

deposition of general

and/or clean

construction or demolition

debris,

a violation of 415

ILCS

3.

On or

about

January

21

and 27, respectively, the Respondents

filed Petitions

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 ofwhich are as follows:

a.

Respondents

neither

admit

nor deny

that

they

caused

or

allowed open dumping resulting’in litter, a violation of 415

ILCS 5/21 (p)(1) (2002), but, in an effortto avoid litigation in

this

matter,

agree

to

pay

the

statutory

civil

penalty

of~

$1,500.00 pursuant to 415 ILCS

5/42(b)(4-5) (2002).

b.

Respondents jointly

agree to pay the statutory civil penalty

within thirty (30) days ofentry ofthe final order in this case.

2 of4

---

c.

Respondents

agree to

diligently

comply with

the 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 otherprosecuting authority

for the initiation ofa criminal or civil enforcement action.

f.

Respondents’ Petitions for Review filed with the Board on

or about January 21

and 27, 2004,

shall be dismissed.

WHEREFORE, the parties request that the Board acceptthis Agreement and issue an order

consistent with its terms and conditions.

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY, Complainant,

~

DATE:

tl/J5/OL~

Michelle M. Ryan

Special Assistant Attorney General

1021

North Grand Avenue East

Springfield,

IL 62702-4059

(217) 782-5544

-AND-

Respondent,

DATE:

TROY~LIAMSON

0.’

-AND-

3 of4

---

SWORDS VENEER AND LUMBER

COMPANY,

Respondent,

BY:______________________

DATE:

PETER

WINDMOELLER

Operations Manager

4

---

PROOF OF SERVICE

I herebyce~i~

that I did on the

15th

day of November 2004, send by U.S. Mail with postage

thereon fullyprepaid, by depositing in a United States PostOffice Box

a true and correct copy ofthe

following

instrument(s)

entitled

STIPULATION

OF

SETTLEMENT

AND

DISMISSAL

OF

RESPONDENT’S PETITION FOR ADMNTSTRATIVE REVIEW

To:

Arnie P. Walters

Bradley Halloran

Katz, Huntoon & Fieweger,

P.C.

Hearing Officer

1000

36th

Avenue

illinois Pollution Control Board

Moline, Illinois 61264-7126

James R. Thompson Center

100 West Randolph Street, Suite 11-500

Chicago, Illinois 60601

Troy Williamson

19022 Buysse Road

Coal Valley, Illinois 61240

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

~ALLLA~C~

i

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

THIS FILiNG SUBMITTED ON RECYCLED PAPER