RECEIVED
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLERK'S OFFICE
JUL 3 1
2006
ILLINOIS ENVIRONMENTAL
)
STATE
OF ILLINOIS
PROTECTION AGENCY,
)
Pollution
Control Board
Complainant,
)
AC 06-13
(IEPA No. 408-05-AC)
LYNDELL HEINZMANN,
)
Respondent .
)
NOTICE OF FILING
To
:
Samuel E. Bauerle, Esq
.
321 West McMackin Street
Salem, Illinois 62881
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
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
Dated: July 27, 2006
THIS FILING SUBMITTED ON RECYCLED PAPER
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,
LYNDELL HEINZMANN ("Respondent"), by and through his attorney, Samuel E . Bauerle, 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) (2004), 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 September 15, 2005, John Senjan, an Environmental Protection Specialist for the
Bureau of Land for the Illinois EPA's Collinsville Regional Office, conducted an inspection of a
facility owned and operated by the Respondent . The facility is located at on Highway 51, west of
the town of Luka, Marion County, Illinois, and is designated with Illinois EPA Site Code No
.
1210155007
.
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD RECEIVED
CLERK'S OFFI
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
)
v .
LYNDELL HEINZMANN,
)
Respondent .
AC 06-13
JUL 3
1 2006
STATE OF ILLINOIS
Pollution Control Board
(IEPA No. 408-05-AC)
2 .
On or about October 19, 2005, the Illinois EPA served the Respondent with
Administrative Citation No. 408-05-AC, alleging therein that the Respondent had caused or
allowed open dumping at his facility on September 15, 2005, in a manner which resulted in the
following occurrences: (1) litter, a violation of 415 ILCS 5/21(p)(1) (2002) ; (2) scavenging, a
violation of 415 ILCS 5/21(p)(2) ; and (3) open burning, a violation of 415 ILCS 5/21(p)(3)
.
3 .
On or about November 28, 2005, 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.
Respondent admits that he caused or allowed open dumping
resulting in open burning, a violation of 415 ILCS 5/21(p)(3)
(2002), and agrees to pay the statutory civil penalty of
$1,500.00 for this violation 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 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
.
2
i .v.J.. A
Michelle M. Ry
Special Assistant Attorney General
1021 North Grand Avenue East
Springfield, IL 62702-4059
(217) 782-5544
-AND-
Respondent,
f.
Respondent's Petition for Review filed with the Board on or
about November 28, 2005, 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 :
l
,
21
I
nb
DATE :
PROOF OF SERVICE
I hereby certify that I did on the 27"' day of July 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
:
Samuel E. Bauerle, Esq
.
Carol Webb
321 West McMackin Street
Hearing Officer
Salem, Illinois 62881
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
fiche 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
THIS FILING SUBMITTED ON RECYCLED PAPER
