ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
MARVIN HAMMACK and
DORIS BAKER
Respondents .
NOTICE OF FILING
To :
Mark L.Vincent
408 West Lafayette Street
P.O. Box 177
Rushville, Illinois 62681
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 original instrument(s) entitled STIPULATION OF SETTLEMENT
AND DISMISSAL OF RESPONDENT'S PETITION FOR ADMINISTRATIVE REVIEW .
Respectfully submitted,
RECEIVED
CLERK'S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JAN 2 8 2002
ADMINISTRATIVE CITATION
STATE OF ILLINOIS
Pollution Control
Board
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 25, 2002
THIS FILING SUBMITTED ON RECYCLED PAPER
Complainant,
AC 02-3
V .
(IEPA No. 290-01-AC)
JAN-18-2002 16:20
P
. 02/04
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECEIVED
CLERK'S OR'`
JAN 2 8 2002
ADMINISTRATIVE CITATION
STATE OF ILLINOIS
Pollution
Control Board
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, MARVIN
HAMMACK and DORIS BAKER ("Respondents"), by and through their attorney, Mark L. Vincent,
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) (2000), and Section 103.180 of the Illinois Pollution Control
Board's ("IPCB") Rules and Regulations, 35111. 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 21, 2001, Jan Mier, an Environmental Protection Specialist for the Illinois
EPA's Springfield Regional Office, conducted an inspection of a facility owned and operated by the
Respondent. The facility is located off Kinderhook Road, Rushville, Schuyler County, Illinois
. and
is designated with Illinois EPA Site Code No . 1698035001-
2 .
On or about July 19 and 20, 2001, the Illinois EPA served the Respondents with
Administrative Citation No. 290-01-AC, alleging therein that the Respondents had caused or
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Complainant,
)
AC
V
.
)
)
(IEPA No. 290-01-AC)
MARVIN HAMMACK and
)
DORIS BAKER
)
Respondents .
)
JAN-19-2002
16:20
P.03/04
allowed open dumping at their facility on May 21, 2001, in a manner which resulted in the following
occurrence: (1) litter, a violation of 415 ILCS 5/21(p)(1) (2000)
.
3,
On or about August 8, 2001, 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 of which are as follows :
a
.
The Respondents admit that they caused or allowed open
dumping resulting in litter, a violation of 415 ILCS 5121(p)(1)
(1998), and agree to pay the statutory civil penalty of
$1,500.00 pursuant to 415 ILCS 5142(b)(4-5) (2000)
.
b .
The Respondents agree to pay the statutory civil penalty of
$1,500.00 in monthly installments of $100 .00, the first
payment being due on January 31, 2002, and subsequent
payments of $100.00 due on the last
day
of each successive
month until paid in full .
c .
The Respondents agree to diligently comply with, and shall
cease and desist from further violation of the Act, 415 ILCS
511 et seq. (2000), and the Board's rules and regulations, 35
III. Adm. Code Subtitles A through H
.
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 criminal or civil enforcement action,
f.
Respondent's Petition for Review filed with the Board on or
about August 8, 2001, shall be dismissed
.
2
JAN-18-2002
16 :20
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,
4
..I
•J
rAi4
A
MICHELLE M. RYAN
Assistant Counsel
Division of Legal Counsel
1001 North Grand Avenue East
Springfield, IL 62702-4059
(217) 782-5544
-AND-
MARVIN HAMMACK and DORIS BAKER,
Respondents,
BY :
DATE :
MARK L.VINCENT
Attorney for the Respondent
408 West Lafayette Street
P.O. Box 177
Rushville, Illinois 62681
3
DATE
:
ZZ, 7cDZ
P.04/04
TOTAL P.04
PROOF OF SERVICE
I hereby certify that I did on the 25` h day of January, 2002, 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 ADMINISTRATIVE REVIEW
To
:
Mark L.Vincent
Steven Langhoff
408 West Lafayette Street
Hearing Officer
P.O. Box 177
Illinois Pollution Control Board
Rushville, Illinois 62681
600 South Second Street, Suite 402
Springfield, Illinois 62704
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. R
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
