1. NOTICE OF FILING
      2. PROOF OF SERVICE
RECEIVED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
NOV
182004
ILLINOIS ENVIRONMENTAL
)
STATE OF
ILLINOIS
PROTECTION AGENCY,
)
Pollution Control
Board
)
Complainant,
)
AC 04-6 1
)
V.
)
(IEPA No.
125-04-AC)
)
FLORENCEPROPHETER
and PROPHETER
)
CONSTRUCTION CO.,
)
Respondents.
NOTICE OF FILING
To:
Douglas
E. Lee
Ehrmann Gehlbach Badger & Lee
Commerce Towers, Suite
100
215
East First Street
Dixon, Illinois 61021
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,
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
Dated:
November
15,
2004
THIS
FILING SUBMITFED ON RECYCLED PAPER
RECEIVED
CLERK’S OFFICE
BEFORE THE ILLiNOIS POLLUTION CONTROL BOARD
NOV
182004
ILLINOIS ENVIRONMENTAL
)
PoVu~on
Control Board
PROTECTION AGENCY,
)
)
Complainant,
)
AC 04-61
)
V.
)
(IEPANo.
125-04-AC)
)
FLORENCE PROPHETER
and
)
PROPHETER CONSTRUCTION CO.,
)
Respondents.
)
STIPULATION OF SETTLEMENT AND DISMISSAL
OF
RESPONDENTS’ PETITION FOR ADMINISTRATIVE REVIEW
NOW
COMES
the
Complainant,
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY (“Illinois EPA”), by and through its attorney, Michelle M. Ryan, and the Respondents,
FLORENCE PROPHETER
and PROPHETER CONSTRUCTION CO. (“Respondents”), by and
through their attorney, Douglas E. Lee, and pursuant to Sections 31.1
and
42(b)(4-5)
of
theillinois
Environmental
Protection
Act
(“Act”),
415
I1LCS
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
111. Adm.
Code
103.180,
the
parties
hereby
enter into
this
STIPULATION
OF
SETTLEMENT. AND
DISMISSAL
OF
RESPONDENTS’
PETITION
FOR
ADMINISTRATIVE
REVIEW
(“Agreement”), and in support hereof, the parties respectfully state as follows:
1.
On March
5,
2004, Greg Kazmerski, an Environmental Protection Specialist forthe
Illinois EPA’s Rockford Regional Office, conducted an inspection ofafucilityowned and operated
by the Respondents.
The facility is located at 4509 West Lincoln Highway, Hopkins Township,
Whiteside County, Illinois, and is designated with Illinois EPA Site Code No.
1958095002.
2.
On
April
3
and
7,
2004,
the
Illinois
EPA
served
the
Respondents
with
Administrative
Citation No.
125-04-AC,
alleging therein
that
the Respondents
had
caused
or
allowed open
dumping
at their facility on
March
5,
2004,
in
a
manner which
resulted in
the
followingoccurrences:
(1) litter, a violation of415 ILCS
5/21 (p)(1) (2002); (2) deposition ofwaste
in standing or flowing waters,
a violation of415
ILCS
5/21.@)(4);
and (3) deposition of general
andlor clean construction or demolition debris, a violation of4l
5
TLCS
5/21
(p)(7).
3.
On
or
about May
4,
2004,
the Respondents
filed
a joint
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 ofwhich are as follows:
a.
Respondents admit that it caused or allowed open dumping
resulting in litter, a violationof415 ILCS 5/21 (p)(1) (2002),
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 within
thirty
days of
entry
of
the
Board
order
approving
this
Stipulation.
c.
Respondents agreeto diligently comply with, and shall cease
and desist from furtherviolation oftheAct, 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
the subject ofthis administrative citation tO the Office ofthe
Illinois AttorneyGeneral or any otherprosecuting authority
for the initiation ofa criminal or civil enforcement action.
f.
Respondents Petition for Review filed with the Board on or
about May 4, 2004 shall be dismissed.
WHEREFORE, the partiesrequest that the Board acceptthis Agreement and issue an order
consistent with its terms and conditions.
iLLiNOIS ENVIRONMENTAL PROTECTION AGENCY, Complainant,
M. Ryan
Special Assistant Attorney General
1021
North Grand Avenue
East
Springfield,
IL 62702-4059
(217)782-5544
-
-AND-
DATE:
FLORENCE PROPHETER
and PROPHETER CONSTRUCTION CO., Respondents,
BY:
O~.
~
Douglas E.
Lee
Ehrmann Gehlbach Badger & Lee
Commerce Towers, Suite
100
215 East First Street
Dixon, Illinois 61021
(815)
288-4949
DATE:
~
3
PROOF OF SERVICE
I hereby certify that I did on the
15th
day of November 2004, send by U.S. Mail with postage
thereon fully prepaid, by depositing in a United States Post Office Box a true and correct copyofthe
following
instrument(s)
entitled
STIPULATION
OF
SETTLEMENT
AND
DISMISSAL
OF
RESPONDENT’S PETITION FOR ADMNISTRATIVE REVIEW
To:
Douglas E. Lee
Bradley Halloran
Ehrmann Gehibach Badger & Lee
Hearing Officer
Commerce Towers, Suite
100
Illinois Pollution Control Board
215
East First Street
James R. Thompson Center
Dixon, Illinois 61021
100 West Randolph Street, Suite 11-500
Chicago, flhinois 60601
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
-
-
iche le 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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