Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box
19276
Springfield, Illinois 62794-9276
(217) 782-5544
Dated : February 22
; 2006
NOTICE OF FILING
To: Charles J . Thorbjomsen, Esq
.
2708 North Knoxville Ave.
Peoria, Illinois 61604
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
THIS FILING SUBMITTED ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
R
CLERK'S
E C
E
IOFFICEV
E D
ILLINOIS ENVIRONMENTAL
)
MAR 01 2006
PROTECTION AGENCY,
)
STATE OF ILLINOIS
Complainant,
)
AC 05-33
Pollution Control Board
V .
)
(IEPA No. 538-04-AC)
LEO and DEBRA HARN,
)
Respondents
.
)
BEFORE THE ILLINOIS POLLUTION CONTR~BOARD
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Complainant,
)
V.
)
LEO and DEBRA HARN,
)
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 Respondent,
LEO BARN ("Respondent"), by and through his attorney, Charles Thorbjomsen, 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 of the Illinois Pollution Control Board's ("Board")
Rules and Regulations, 35 111 . 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 September 29, 2004, 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 4960 Rockton Road, Roscoe, Winnebago
County, Illinois, and is designated with Illinois EPA Site Code No
. 2010405051
.
CLERKS
ECEIVED
OFFICE
MAR 01 2006
STATE OF ILLINOIS
Pollution Control Board
AC 05-33
(IEPA No . 538-04-AC)
2.
On or about October 22, 2004, the Illinois EPA served the Respondents with
Administrative Citation No
. 538-04-AC, alleging therein that the Respondents
had caused or
allowed open dumping at their facility on September 29, 2004, in a manner which resulted in the
following . occurrences
: (1) litter, a violation of 415 ILCS 5/21(p)(1) (2002)
; and (2) deposition of
general and/or clean construction or demolition debris, a violation of 415 ILCS 5/21(p)(7)
.
3.
On or about February 7, 2005, the Respondents filed an amended Petition for
Review contesting the administrative citation
.
4.
ONJuly 20, 2005, Respondent Debra Ham passed away
. Therefore, Leo Ham is the
only remaining Respondent in this action
.
5 .
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 of which are as follows
:
a.
Respondent admits that he caused or allowed open dumping
resulting in litter, a violation of 415 ILCS 5/21(p)(1) (2002),
and agree to pay the statutory civil penalty of $1,500
.00
pursuant to 415 ILCS 5/42(b)(4-5) (2002) .
b.
Respondent agrees to pay the statutory civil penalty within
30 days of the date of the Board's order accepting this
stipulation.
c.
Respondent agrees to diligently comply with, and shall cease
and desist from further violation of the Act, 415 ILCS 5/1
et
seq.
(2002), and the Board's rules and regulations, 35 111
.
Adm
. Code Subtitles A through H .
2
Michelle M. Ryan
Special Assistant Attorney General
1621 North Grand Avenue East
Springfield, IL 62702-4059
(217) 782-5544
-AND-
Respondents,
d.
The waste located at the site that was the subject of this
administrative citation has been removed and properly
disposed of,
e.
The Illinois EPA agrees not to refer the violations that are
the subject of this administrative citation to the Office of the
Illinois Attorney General or any other prosecuting authority
for the initiation of a civil enforcement action
.
f.
Respondents' Petition for Review filed with the Board on or
about November 18, 2004,
shall be dismissed .
WHEREFORE, the parties request that the Board accept this Agreement and issue an order
consistent with its terms and conditions
.
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY, Complainant,
3
DATE:
2-I
2Z 10)0
DATE:
PROOF OF SERVICE
I hereby certify that I did on the 22nd day of February 2006, send by U
.S . Mail with postage
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 ADMNISTRATIVE REVIEW
To : , Charles J . Thorbjornsen, Esq .
Carol Sudman
2708 North Knoxville Ave .
Hearing Officer
Peoria, Illinois 61604
Illinois Pollution Control Board
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 fully prepaid
To: Dorothy Gunn, Clerk
Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
ichelle 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 SUB MI I fED ON RECYCLED PAPER
