1. NOTICE OF FILING
      2. PROOF OF SERVICE
RECE~VED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
FEB
012005
ILLINOIS ENVIRONMENTAL
)
STATE
OF
ILLINOIS
PROTECTION AGENCY,
)
Pollution Control
Board
)
Complainant,
)
AC 05-19
)
V.
)
(IEPA No. 359-04-AC)
)
DAVID and SHELBY HILL and
)
N.E. FINCH COMPANY,
)
)
Respondents.
)
NOTICE OF FILING
To:
James
F. Kane
Winget & Kane
‘Associated Bank Plaza
411
Hamilton Boulevard
Suite
1711
Peoria, IL 61602-1104
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:
January 27, 2005
THIS
FILING SUBMIYFED ON
RECYCLED PAPER
BEFORE THE ILLiNOIS POLLUTION
CONTROL
BOARD
CLERK’S
OFFICE
FEB012005
ILLINOIS ENVIRONMENTAL
)
poSiTAtl
~
PROTECTION AGENCY,
)
)
Complainant,
)
AC
05-19
)
V.
)
‘
(IEPA No.
359-04-AC)
)
DAVID and SHELBY HILL and N.E.
)
FINCH 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 Respondents,
DAVID AND SHELBYHILL and N.E. FINCH COMPANY (“Respondents”), by and through their
attorney, James F. Kane, and pursuant to Sections 31.1 and 42(b)(4-5) oftheIllinois 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, theparties
hereby
enter
into
this
STIPULATION
OF
SETTLEMENT
AND
DISMISSAL
OF
RESPONDENT’S PETITION FOR ADMINISTRATIVEREVIEW (“Agreement”), and in support
hereof, the parties respectfully state as follows:
1.
On June 29, 2004, Robert J. Wagner, an EnvironmentalProtection Specialist for the
Illinois EPA’s
BOL-Peoria Regional
Office, coiiducted an
inspection ofa facility owned and/or~
operated by the Respondents.
The facility is located in
St. David, Fulton County, Illinois with a
1 of4
mailing
address of20516
E.
COunty Highway 22, Canton, Illinois, and is designated with Illinois
EPA Site Code No.
0570255162.
2.
On or
about August
25,
2004,
the
Illinois
EPA
served
the
Respondents
with
Administrative
Citation No.
359-04-AC, alleging
therein
that
the Respondents
had
caused
or
allowed open dumping atthe above-named facilityon June 29, 2004, in a mannerwhich resultedin
the following occurrences: (1) litter, a violation of415 ILCS 5/21 (p)(l) (2002); (2) open burning, a
violation of 415
ILCS
5/2l(p)(3);
and
(3)
deposition of general
andlor
clean
construction
or
demolition debris, a violation of415 1LCS 5/21Q)(7).
-
3.
Onor about August29, 2002, the Respondent filed a Petition forReview contesting
the administrative citation.
4.
Tn 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
they
caused, or
allowed
open
dumping
resulting
in
litter,
a
violation
of
415
ILCS
5/21 (p)(1) (2000), and agree to pay the statutory civil penalty
of $1,500.00
pursuant
to
415
ILCS
5/42(b)(4-5)
(2002)
within 30
days ofthe date of this order.
b.
Respondents agreeto diligently comply with, and shall cease
and desist from furtherviolation ofthe Act, 415
ILCS
5/1
et
seq.
(2002), and the Board’s rules
and
regulations,
35
Ill.
Adm. Code
Subtitles A through H.
‘
2 of4
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
thesubject ofthis administrativecitation to theOffice ofthe
Illinois AttorneyGeneral or any otherprosecuting authority
forthe initiation of a criminal or civil enforcement action.
e.
Respondents’ Petition forReview filedwith the~Board
on or
about August 29, 2002, shall be dismissed.
WHEREFORE, theparties requestthat the Board accept this Agreement and issue an order
consistent with its terms and conditions.
‘
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY, Complainant,
B~,,Lk(k1LU1&~&~
DATE:
d
Michelle M. Ryan
Special Assistant Attorney General
1021
North Grand Avenue East
Springfield, IL 62702-4059
(217)782-5544
-AND-
Respondents:
___________________
DATE:
DAVID
HILL
-AND-
3 of4
AL~
DATE:
SHELBYH
L
,
-AND-
N.E. FINCH
COMPANY.
‘
BY:~’~41A4.&~
F
E~l~.1I~L
DATE:
/
—
/
~
Thomas B. Finch
President
4of4
PROOF OF SERVICE
;I
hereby certify that
I did
on the
27th
day ofJanuary 2005,
send by U.S.
Mail with postage
thereon fullyprepaid, 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
RESPONDENT’S PETITION FOR ADMNISTRATIVE REVIEW
To:
James F. Kane
Carol
Sudman
Winget & ‘Kane
Hearing Officer
Associated Bank Plaza
Illinois Pollution
Control Board
411
Hamilton Boulevard
1021
North Grand Avenue East
Suite
1711
P.O. Box
19274
Peoria, IL 61602-1104
Springfield, Illinois 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 fullyprepaid
To:
DorothyGuim,
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

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