RECEIVED

CLERKS OFFICE

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

JAN

032005

STATE OF ILLINOIS

ILLiNOIS

ENVIRONMENTAL

)

POIl~tj~n

Control Board

PROTECTION AGENCY,

)

)

Complainant,

)

AC 04-84

)

V.

)

(IEPA No. 275-04-AC)

)

CITY OF

SALEM,

ROGER KiNNEY, DICK

)

BROWN and JASON BRUCE,

)

Respondents.

NOTICE OF FILING

To:

Christine

G.

Zeman,

Esq.

Hodge Dwyer & Zeman

3150 Roland Avenue

Springfield, IL 62705-5576

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,

Michel e M. Ryan

Special Assistant Attorney General

Illinois Environmental Protection Agency

1021 North Grand Avenue East

P.O. Box

19276

Springfield, Illinois

62794-9276

(2 17)

782-5544

Dated:

December 20, 2004

THIS FILING SUBMITFED ON

RECYCLED PAPER

---

RECE~VED

CLERK’S OFFICE

BEFORE

THE ILLINOIS POLLUTION CONTROL BOARD

JAN

032005

STATE OF ILLINOIS

ILLINOIS

ENVIRONMENTAL

)

Pollution Control

Board

PROTECTION AGENCY,

)

)

Complainant,

)

AC 04-84

)

V.

)

(EPA No.

275-04-AC)

)

CITY

OF

SALEM, ROGER

KINNEY,

)

DICK BROWN and JASON BRUCE,

)

Respondent.

STIPULATION

OF SETTLEMENT AND DISMISSAL

OF RESPONDENTS’ PETITION FOR AD~1JNISTRATWE

REVIEW

NOW

COMES

the

Complainant,

ILLINOIS

ENVIRONMENTAL

PROTECTION

AGENCY (“Illinois EPA”), by and through its attorney, Michelle M. Ryan, and the Respondents,

CITYOF SALEM, ROGER

KINNEY,

DICK BROWN and JASON BRUCE, (“Respondents”), by

and

through

their

attorney,

Christine

G.

Zeman,

HODGE

DWYER ZEMAN

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

Section

103.180 ofthe

Illinois

Pollution Control Board’s (“Board”)

Rules

and

Regulations,

35

Ill.

Adm.

Code

103.180,

the

parties

hereby

enter

into

this

STIPULATION OF SETTLEMENT AND DISMISSAL OF RESPONDENT’S PETITION FOR

ADMINISTRATIVE REVIEW (“Agreement”), and in support hereof, thepartiesrespectfully state

as follows:

1.

On April

22,

2004,

John

Senjan,

an Environmental

Protection

Specialist for the

Illinois EPA’s BOL-Collinsville Regional Office, conducted an inspection ofa facility owned and

---

operated by the Respondent. The facility is located at 900 EastLake Street, Salem, Marion County,

Illinois, and is designated with Illinois EPA Site Code No.

1218130007.

2.

On

or

about

June

4,

2004,

the

Illinois

EPA

served

the

Respondents

with

Administrative

Citation No. 275-04-AC,

alleging therein that the Respondents had conducted

a

sanitary landfill operation in a manner which resulted in the following occurrences: (1) uncovered

refuse,

a violation of

415

ILCS

5/21(o)(5)

(2002);

and

(2) failure to

collect and contain litter,

a

violation of 415

ILCS

5/21(o)(12).

3.

Onor aboutJuly 6, 2004, 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 ofwhich are as follows:

a.

Respondents

do

not

admit

that they conducted

a

sanitary

landfill operation resulting in exposed refuse, a violation of

415 ILCS 5/21(o)(5) (2002). Nevertheless, in the interest of

settlement,

Respondents

agree

to

pay

a

civil

penalty

of

$500.00 pursuant to 415 ILCS

5/42(b)(4)

(2002).

b.

Respondent agrees to pay the statutory civil penalty within

30

days

of

the

date

of

the

Board

Order

accepting

this

agreement.

c.

Respondent agrees to diligently comply with, 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

III.

Adm.

Code Subtitles A through H.

---

d.

The Illinois

EPA

agrees not to

refer the violations that are

the subject ofthis administrative citation to the Officeofthe

Illinois Attorney General or any otherprosecuting authority

for the initiation of a criminal or civil enforcement action.

e.

Respondent’s Petition forReview filedwith theBoard on or

about July 6, 2004, shall be

dismissed.

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

consistent with its terms and conditions.

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY, Complainant,

B~,bt

(AiJJ~LhC1A_~

DATE:

I

Z

/

2-t~

)v

y(

Michelle M.

Ryan

Special Assistant Attorney General

1021

North Grand Avenue

East

Springfield, IL

62702-4059

(217)782-5544

-AND-

CITY

OF SALEM,

ROGER KINNEY,

DICK

BROWN

and

JASON BRUCE,

Respondents,

BY:___________________

DATE:

Christine

ti

Ze~an,

Esq.

HODGE DWY~ER

ZEMAN

3150 Roland Avenue

Post Office Box 5776

Springfield, IL 62705-5776

(217) 523-4900

3

---

PROOF OF SERVICE

I hereby certify that I did on

the

20th

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

thereon fullyprepaid,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 ADMNISTRATWE REVIEW

To:

Christine G.

Zeman, Esq.

Hodge Dwyer & Zeman

3150 Roland Avenue

Springfield,

IL 62705-5576

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

WestRandolph Street, Suite 11-500

Chicago, Illinois 60601

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

THIS FILING SUBMITTED ON RECYCLED PAPER