RECE

WED

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

CLERK’S OFFICE

MAY26

2005

ILLINOIS ENVIRONMENTAL

)

STATE OF ILLINOIS

PROTECTION AGENCY,

)

Pollution

Control

Board

)

Complainant,

)

AC

03-5

)

)

(IEPANo. 312-02-AC)

)

LOXLEY, INC.,

)

)

Respondent.

)

NOTICE OF FILING

To:

H.

Fred Loxley, President

Loxley, Inc.

903

East Third Street

Beardstown, Illinois 62618

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,

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:

May 24, 2005

THIS

FILING

SUBMTTTED ON RECYCLED PAPER

---

•

RECEJVED

CLERK’S

OFFICE

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

MAY 26

2005

STATE OF ILLINOIS

Pollution Control Board

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

)

Complainant,

)

AC

03-5

)

V.

)

(IEPANo. 312-02-AC)

)

LOXLEY, INC,

)

Respondent.

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,

LOXLEY,

INC. (“Respondent”),

and pursuant

to

Sections

31.1

and

42(b)(4-5) of the

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, the parties respectfully state as follows:

1.

On May 29, 2002,

Charlie King,

an Environmental Protection

Specialist

for the

Illinois

EPA’s

Springfield

Regional

Office,

conducted

an

inspection

of a

facility owned

and

operated by the Respondents.

The facility is

located on the east side ofthe southern end ofOak

Grove Court, Beardstown, Cass County, Illinois, and is designated with Illinois EPA SiteCode No.

0170155050.

---

2.

On

or

about

July

29,

2002,

the

Illinois

EPA

served

the

Respondent

with

Administrative

Citation

No.

312-02-AC, alleging therein

that

the

Respondent had

caused or

allowed open dumping at its facility on May29, 2002, in a maimer which resulted in the following

occunences: (1) litter, a violation of 415 ILCS 5/21Q)(1) (2000);

(2)open burning, a violation of

415

ILCS

5/21(p)(3); (3) deposition ofwaste in standing and flowing waters,

a violation of415

ILCS

5/21 (p)(4); and (4) deposition ofgeneral and/or clean construction or demolition debris, a

violation of 415 ILCS

5/2lQ)(7).

3.

On orabout August29, 2002, the Respondent 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.

Respondent admits that it caused or allowed open dumping

resulting in litter, a violation of415 ILCS 5/21(p)(1) (2000),

and

agrees

to

pay the statutory civil

penalty of $1,500.00

pursuant to 415 ILCS

5/42(b)(4-5)

(2002) within 30 days of

the date ofthis order.

b.

Respondent agrees to diligently comply with, and shall cease

and desist from further violation oftheAct, 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.

2

---

d.

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 other prosecuting authority

for the initiation ofa criminal or civil enforcement action.

e.

Respondent’s Petition forReviewfiledwith theBoard on or

about August 29,

2002, shall be dismissed.

WHEREFORE, the parties requestthat the Board accept this Agreement and issue an order

consistent with its terms and conditions.

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY, Complainant,

~

DATE:

~241O3

Michelle M. Ryan

•

Special Assistant Attorney General

1021 North Grand Avenue East

Springfield,

IL 62702-4059

(217) 782-5544

-AND-

LOXLEY, INC., Respondent,

BY:______________

DATE:

5

/

S

/ ~

5

H. Fred Loxley, P

id~J~t

Loxley, Inc.

903 East Third Street

Beardstown, Illinois 62618

(217) 323-3270

•

•

---

PROOF OF SERVICE

I hereby certify’ that I did on the

24th

dayofMay, 2005, sendby U.S. Mail withpos~age

thereon

fully prepaid, by

depositing

in

a United States

Post Office

Box

a

true and

correct

copy of the

following

instrument(s)

entitled

STIPULATION

OF

SETTLEMENT

AND

DISMISSAL

OF

RESPONDENT’S PETITION FOR ADMNTSTRATIVE REVIEW

To:

H. Fred Loxley, President

Carol Sudman

Loxley, Inc.

Hearing Officer

903 East Third Street

•

Illinois Pollution Control Board

Beardstown, Illinois 62618

1021 North Grand Avenue East

P.O.Box

19274

Springfield, Illinois 62794-9274

and the original and nine (9) true and correct copies ofthe same foregoinginstruments 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

Miche 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