1. PROOF OF SERVICE
BEFORE THE
ILLINOIS POLLUTION CONTROL BOARD
H E C
E
V
ED
CLERK’S OFFICE
ILLINOIS ENVWONMENTAL
)
AUG
032005
PROTECTION AGENCY,
STATE
OF ILLINOIS
Complainant,
)
AC 04-06
Pollution Control Board
)
V.
)
(IEPANo. 391-03-AC)
)
MARY LOU AND H.
FRANK RECORD,
Respondents.
NOTICE OF FILING
To:
John J.
McCarthy
Attorney
at Law
45
East Side Square,
Suite 301
Canton, Illinois 61520
PLEASE TAKE NOTICE that on this date I mailed for filingwith 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 ADMNTSTRATIVE REVEW.
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:
August
1,
2005
THIS FILING SUBMITTED ON RECYCLED PAPER
RECEIVED
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLERK’S
OFFICE
AUG
032005
STATE
OF ILLINOIS
ILLiNOIS ENVIRONMENTAL
)
Pollution Controt
Board
PROTECTION AGENCY,
)
)
Complainant,
)
AC 04-6
)
v.
)
(JEPANo. 391-03-AC)
)
MARY LOU AND H. FRANK RECORD,
)
)
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, MichelleM. Ryan, and the Respondents,
MARY LOU AND H. FRANK RECORD (“Respondents”), by and through their attorney, John J.
McCarthy 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 of the 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
PETITIONFOR ADMINISTRATIVEREVIEW (“Agreement”), and in support hereof, theparties
respectfully state as follows:
1.
On June 19, 2003,
Robert Wagner, an Environmental Protection Specialist
for the
Illinois
EPA’s
BOL-Peoria Regional
Office, conducted
an
inspection of a
facility owned and
operated by the Respondents.
The facility is located at 31011 North County Highway2, Ellisville,
Fulton County, Illinois, and is designated with Illinois EPA Site
Code No. 0578255001.
2.
On
or
about August
13,
2003,
the
Illinois
EPA served
the Respondents
with
Administrative
Citation No. 391-031-AC,
alleging therein
that the Respondents
had
caused or
allowed
open
dumping
at their facility on
June
19,
2003,
in
a
manner which
resulted in
the
following occurrences:
(1) litter,
a violation of 415
ILCS
5/21(p)(l) (2002);
(2) open burning, a
violation
of 415
ILCS
5/21Q,)(3);
and
(3)
deposition
of general
and/or
clean
construction
or
demolition debris, a violation of415 ILCS S/2l(p)(7).
3.
On or
about September
15,
2003,
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
admit
that
they
caused
or
allowed
open
dumping resulting in litter and open burning, in violation of
415 ILCS
S/2l(~p)(l)
and (p)(3) (2002), and agree to paythe
statutory
civil
penalty of $3,000.00
pursuant
to
415
ILCS
5/42(b)(4-5) (2002) within 30 days ofthe date ofthis order.
b.
Respondents agree 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
will
be
removed
and
properly
disposed ofby June 30, 2005.
2
e.
In exchange for the payment and compliance activity noted
above
in
subparagraphs (a) and (c), the Illinois EPA agrees
not
to
refer
the
violations
that
are
the
subject
of
this
administrative citation to the Office ofthe Illinois Attorney
General or any other prosecuting authority for the initiation
of a criminal or civil enforcement action.
f.
Respondent’s Petition for Review filed with the Board on or
about September
15, 2003, shall be dismissed.
WHEREFORE, the partiesrequest that the Board accept this Agreement and issue~an
order
consistent with its terms and conditions.
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY, Complainant,
BJ)\UJ4)\
Michelle M. Ryan
Special Assistant Attorney General
1021
North Grand Avenue East
Springfield,
IL 62702-4059
(217) 782-5544
-AND-
MARY LOU RECORD, Respondent,
(jhn
J. McCarthy
Attorney at Law
45 East Side
Square, Suite 301
Canton, Illinois 61520
(309) 647-7477
DATE:
July 27, 2(05
DATE:
H.
FRANK
RECORD, Respondent,
$/
~f~/~P/L~9
H.
Frank
Record
DATE:
fly
27, 2(05
3
PROOF OF SERVICE
I hereby certify that I did on the l~
day ofAugust, 2005, sendby U.S. Mail with postagethereon
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 ADMNISTRATIVE REVIEW
To:
John J. McCarthy
Carol
Sudman
Attorney
at Law
Hearing Officer
45 East
Side Square, Suite 301
Illinois Pollution Control Board
Canton, Illinois 61520
1021
North Grand Avenue East
P.O. Box
19274
Springfield, Illinois 62794~9274
and the original and nine (9) true and correct copies of the 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
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

Back to top