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BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECEIVED
CLERK'S OFFICE
ILLINOIS ENVIRONMENTAL
)
APR 1 7 2006
PROTECTION AGENCY,
)
STATE
OF ILLINOIS
Pollution Control Board
Complainant,
)
AC 04-59
V
.
)
(IEPA No. 135-04-AC)
TIM WALKER,
)
Respondent .
)
NOTICE OF FILING
To :
Joel A. Benoit
Mohan, Alewelt, Prillaman & Adami
1 North Old Capitol Plaza, Suite 325
Springfield, IL 6270
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,
Michel e 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: April 12, 2006
THIS PILING SUBMITTED ON RECYCLED PAPER
 
RECEIVED
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLERK'S OFFICE
APR 1 7 2006
ILLINOIS ENVIRONMENTAL
)
STATE
OF ILLINOIS
PROTECTION AGENCY,
)
Pollution Control Board
Complainant,
)
AC 04-59
V .
)
(IEPA No. 135-04-AC)
TIM WALKER,
)
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,
TIM WALKER ("Respondent"), by and through his attorney, Joel Benoit, and pursuant to Sections
31.1 and 42(b)(4-5) of the Illinois Environmental Protection Act ("Act"),
415 ILCS 5/3 1 .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 PETITION FOR ADMINISTRATIVE
REVIEW ("Agreement"), and in support hereof, the parties respectfully state as follows
:
I
.
On March 8, 2004, Dustin Burger, an Environmental Protection Specialist for the
Illinois EPA's Champaign Regional Office, conducted an inspection of a facility owned and
operated by the Respondent. The facility is located at 3610 Christmas Tree Road, Decatur, Macon
County, Illinois, and is designated with Illinois EPA Site Code No. 1158165007 .
 
2
.
On or about March 31, 2004, the Illinois EPA served the Respondent with
Administrative Citation No . 135-04-AC, alleging therein that the Respondent had caused or
allowed open dumping at his facility on March 8, 2004, in a manner which resulted in the following
occurrences: (1) litter, a violation of 415 ILCS 5/21(p)(1) (2002) ; and (2) open burning, a violation
of 415 ILCS 5/21(p)(3)
.
3
.
On or about May 3, 2004, 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 of which are as follows
:
a .
The Board order shall find Respondent liable for having
caused or allowed open dumping resulting in open burning, a
violation of 415 ILCS 5121(p)(3) (2002), and shall order
Respondent 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 of
$1,500.00 within 30 days of the Board order approving this
Stipulation
.
c .
Respondent agrees to diligently comply with the Act, 415
ILCS 5/1
et seq .
(2002), and the Board's rules and
regulations, 35 Ill. 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.
2
 
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.
Respondent's Petition for Review filed with the Board on or
about May 3, 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,
BY-
DATE :
411 2IQ
(o
Michelle M . Ryan
Special Assistant Attorney General
1021 North Grand Avenue East
Springfield, IL 62702-4059
(217) 782-5544
-AND-
TIM WALKER, Respondent,
BY
:
ote
Q 23-
i
DATE :
0329/Dlc
Joel A. Benoit
Mohan, Alewelt, Prillaman & Adami
1 North Old Capitol Plaza, Suite 325
Springfield, IL 62701
(217) 528-2517
3
 
PROOF OF SERVICE
I hereby certify that I did on the 12"' day of April 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 :
Joel A. Benoit
Carol Sudman
Mohan, Alewelt, Prillaman & Adami
Hearing Officer
1 North Old Capitol Plaza, Suite 325
Illinois Pollution Control Board
Springfield, IL 6270
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
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
I
~
A ~~..>~ `
ita. i
Michelle M. Ryan
Special Assistant Attorney General
THIS FILING SUBMITTED ON RECYCLED PAPER

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