BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
~~ED
ILLiNOIS ENVIRONMENTAL
)
JAN 132005
PROTECTION AGENCY,
))
Pollution
STATE OF
Control
ILLJNOIS
Board
Complainant,
)
AC
05-05
)
V.
)
(IEPA No. 314-04-AC)
)
ROBERT and PHYLIS ULRICH and BOB
)
ULRICH PALLET INC.,
Respondents.
NOTICE OF FILING
To:
Gerald
L.
Timmerwilke
Blickhan, Woodworth & Timmerwilke
435 Hampshire Street
Quincy, Illinois 62301
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 RESPONDENTS’ PETITION FOR ADMNISTRATIVE REVIEW.
Respectfully submitted,
ichel ~ 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: January 11, 2005
THIS
FILING
SUBMITFED ON RECYCLED PAPER
RECF~VEDCLERK’S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JAN
132005
STATE OF ILLINOIS
Pollution
Control
Board
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Com~1ainant,
)
AC
05-05
)
V.
)
(JIEPANo. 314-04-AC)
)
ROBERT and PHYLIS ULRICH and
BOB
)
ULRTCH PALLET INC.,
)
)
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 Resliondehts,
ROBERT and PHYLIS ULRICH and BOB ULRICH PALLET INC., (“Respondents”), by and
through their attorney, Gerald L. Timmerwilke, 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 RESPONDENTS’ PETITION FOR ADMINISTRATIVE REVIEW
(“Agreement”), and in support hereof, the parties respectfully state as follows:
1.
On June 3, 2004, Charlie King, an Environmental Protection Specialist forthe
Illinois EPA’s Springfield Regional Office, conducted an inspection of a facility owned andlor
1 of4
operated by the Respondents. The facility is located at 5913 West St. Anthony Road, Quincy,
Adams County, Illinois and is designated with Illinois EPA Site Code No. 0010653001.
2.
On or about July 14, 2004, the Illinois EPA served the Respondents with
Administrative Citation No. 314-04-AC, alleging therein that the Respondents had caused or
allowed open dumping at the above-named facility on June 3, 2004, in a mannerwhich resulted in
the following occurrences: (1) litter, a violation of415 ILCS
5/21(p)(1)
(2002).
3.
On or about August 16, 2004, the Respondents 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.
Respondents do not admit that they caused or allowed open
dumping resulting in litter, a violation of 415 ILCS
S/2l(p)(l) (2002). Nevertheless, in the interest of
settlement, Respondents agree to pay a civil penalty of
$1,500.00 pursuant to 415 ILCS
5/42(b)(4-5)
(2002) within
30 days ofthe date of the Board’s final order in this case.
b.
Respondents agree 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 Ill.
Adm. Code Subtitles A through H.
c.
The waste located at the site that was the subject of this
administrative citation has been removed and properly
disposed of.
-
d.
The Illinois EPA agrees not to refer the violations that are
2 of4
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.
e.
Respondents’ Petition forReview filed with the Board on or
about August 16, 2004, shall be dismissed.
WHEREFORE, the parties request that the Board acceptthis Agreement andissuearurder
consistent with its terms and conditions.
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY, Complainant,
~
DATE:
~ / ~ ~
I
o5
Special Assistant Attorney General
1021 North Grand Avenue East
Springfield, IL 62702-4059
(217) 782-5544
-AND-
Respondents:
-
-
___________________
DATE:
/
~
ROBERT ULRICH
-AND-
_________________
DATE:
/
~
P~’1IISULRICH
-AND-
3 of4
BOB ULRICH PALLET INC.
BY:__________________Robert
A. Ulrich
DATE:
/ ~
c
President
4 of4
PROOF OF SERVICE
I
hereby certi~that I did on the
11th
day of January 2Q05, send by U.S. Mail with postage
thereon fully prepaid, by depositing in a United States Post Office Box a true and correct copy ofthe
following instrument(s) entitled STIPULATION OF SETTLEMENT AND DISMISSAL OF
RESPONDENTS’ PETITION FOR ADMNISTRATIVE REVIEW
To: Gerald L. Timmerwilke
Carol Webb
Blickhan, Woodworth &
Hearing Officer
Timmerwilke
1021 North Grand Avenue East
435 Hampshire Street
P.O. Box 19274
Quincy, Illinois 62301’
Springfield, IL 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 fully prepaid
To: Dorothy Gunn, Clerk
Pollution Control Board
James R. Thompson Center
100 West Randolph 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
