RECEIVED
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLERK'S OFFICE
JUN 0 1 2006
ILLINOIS ENVIRONMENTAL PROTECTION
)
STATE OF ILLINOIS
AGENCY,
)
Pollution Control Board
Complainant,
)
AC 05-17
V
.
)
(IEPA No. 349-04-AC)
ROGER and JOAN MILLER,
)
Respondents .
)
NOTICE OF FILING
To :
Jeffrey W. Tock
Harrington & Tock
Suite 601, Huntington Towers
201 West Springfield Ave .
Champaign, Illinois 61824
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,
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
Dated: May 26, 2006
ichelle M. Rya
Special Assistant Attorney General
THIS FLUNG SUBMITTED ON RECYCLED PAPER
RECEIVED
CLERK'S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JUN 0
1 2006
ILLINOIS ENVIRONMENTAL
)
STATE OF ILLINOIS
PROTECTION AGENCY,
)
Pollution Control Board
Complainant,
)
AC 05-17
V .
)
(IEPA No. 349-04-AC)
ROGER and JOAN MILLER,
)
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 Respondents,
ROGER and JOAN MILLER ("Respondents"), by and through their attorney, Jeffrey Tock, 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 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 RESPONDENT'S PETITION FOR
ADMINISTRATIVE REVIEW ("Agreement"), and in support hereof, the parties respectfully state
as follows :
1. On June 16, 2004, Deanna Carlock, an Environmental Protection Specialist, and
Richard Gerard, Regional Manager for the Bureau of land for the Illinois EPA's Rockford Regional
Office, conducted an inspection of a facility owned and operated by the Respondents . The facility
is located at 1409 S . Division Street, Mahomet, Champaign County, Illinois, and is designated with
Illinois EPA Site Code No. 0198120001
.
2 .
On or about August 12, 2004, the Illinois EPA served the Respondents with
Administrative Citation No . 349-04-AC, alleging therein that the Respondents had caused or
allowed open dumping at their facility on June 16, 2004, in a manner which resulted in the
following occurrences: (1) litter, a violation of 415 ILCS 5/21(p)(1) (2002); (2) open burning, a
violation of 415 ILCS 5/21(p)(3); and (3) deposition of general and/or clean construction or
demolition debris, a violation of 415 ILCS 5/21(p)(7)
.
3
.
On or about September 13, 2004, the Respondents filed a Petition for Review
contesting the administrative citation .
4 .
Subsequent to filing the Administrative Citation, it was determined that Joan Miller
was no longer an owner of the property in question, and therefore was improperly named as a
Respondent in this matter. Therefore, the parties have agreed that this Administrative Citation
should be dismissed as to Respondent Joan Miller
.
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 Roger Miller neither admits nor denies that he
caused or allowed open dumping resulting in open burning, a
violation of 415 ILCS 5/21 (p)(3) (2002). However, in order
to reach an amicable settlement of this matter, Respondent
Roger Miller agrees to pay the statutory civil penalty of
$1,500.00 for this violation pursuant to 415 ILCS
5/42(b)(4-5) (2002)
.
2
b
.
Respondent Roger Miller agrees to pay the statutory civil
penalty within 30 days of the date of the Board's order
accepting this stipulation .
c .
Respondent Roger Miller 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 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 September 13, 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,
DATE
:
5)vo
l0(0
Michelle M. Ryan
Special Assistant Attorney General
1021 North Grand Avenue East
Springfield, IL 62702-4059
(217) 782-5544
-AND-
Respondent,
3
DATE :
PROOF OF SERVICE
I hereby certify that I did on the 26 th day of May 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
:
Jeffrey W . Tock
Carol Webb
Harrington & Tock
Hearing Officer
Suite 601, Huntington Towers
Illinois Pollution Control Board
201 West Springfield Ave
.
1021 North Grand Avenue East
Champaign, Illinois 61824
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
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
THIS FILING SUBMITTED ON RECYCLED PAPER
