RECEIVED
BEFORE
THE ILLINOIS POLLUTION CONTROL BOARD
CLERK'S
OFFICE
OCT
1 8 2006
COUNTY OF JACKSON,
)
Complainant,
Pollution
STATE OF
ControlILLINOIS
Board
)
v .
)
AC 06 -21
Site Code
: 0778035009
DAN KIMMEL,
)
Respondent .
)
STIPULATION OF SETTLEMENT AND DISMISSAL
OF RESPONDENT'S PETITION FOR ADMINISTRATIVE REVIEW
NOW COMES the Complainant, the County of Jackson, ("County"), by and through
its attorney, Assistant State's Attorney, Daniel Brenner, and the Respondent, Dan Kimmel,
by and through his attorney, Webb H
. Smith, 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 Sections 103
.300 through 103
.306 of the Illinois Pollution Control Board's ("Board")
Rules and Regulations, 35 III
. Adm . Code 103
.300 et . sea .,
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 December 7, 2005, Don Terry, a Solid Waste Inspector, for the Jackson
County Health Department, conducted an inspection of a facility owned and operated by
the Respondent
. The facility is located at 1065 Dum aroc Road, DeSoto, Jackson County,
Illinois and is designated with a Site Code No
. 0778035009 .
Page I of 3
2. On
or about January 24, 2006, the County served the Respondent with
Administrative Citation No
. AC 06-21, alleging therein that the Respondent had caused or
allowed open dumping at his facility on December 7, 2005, in a manner which resulted in
the following occurrences
: (1) litter, a violation of 415 ILCS 5121(p)(1) (2002)
; and (2)
deposition of general construction or demolition debris
; or clean construction or demolition
debris, a violation of 415 ILCS 5/21 (p)(7)(2002) .
3
. On or about March 10, 2006, the Respondent filed an Amended 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 litter, a
violation of 415 ILCS 5/21(p)(1) (2004)
. Respondent agrees to pay the statutory civil
penalty of $1,500
.00 pursuant to 415 ILCS 5/42(b)(4-5) (2004)
.
b
. Respondent agrees to pay the statutory civil penalty by December 31, 2006
.
Payment shall be made to the Jackson County Treasurer as payee, Jackson County
Courthouse, Murphysboro, Illinois 62966
.
c
. Respondent agrees to bring the site in compliance with Section 21 of the Act, 415
ILCS 5/21 (2004), by December 31, 2006
.
d
. Respondent's Amended Petition for Review filed with the Board on or about
March 10, 2006, shall be dismissed
.
Page 2 of 3
an order consistent with its terms and conditions .
By:
WHEREFORE, the parties request thatthe Board accept this Agreement and issue
Daniel Brenner
A
Assistant State's Attorney
Jackson County Courthouse, Third Floor
Murphysboro, IL 62966
618-687-7200
For the Complainant
By:
,W
V
Webb H. Smith
Attorney at Law
Gilbert, Kimmel, Huffman, Prosser& Hewson, Ltd
.
102 Orchard Drive
PO Box 1060
Carbondale, Illinois 62903-1060
618-457-3547
For the Respondent
Approved as to form :
Date: / 0
Dan
//
Kimmel
,- CC
Page 3 o f 3
Respondent.
PROOF OF SERVICE
I hereby certify that I did on the 16'
h day of October, 2006 send by U
.S . Mail, with postage
thereon fully prepaid, by depositing in U .S
. 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 : Webb H
. Smith
Attorney at Law
Gilbert, Kimmel, Huffman, Prosser
& Hewson, Ltd.
102 Orchard Drive
PO Box 1060
Carbondale, IL 62903-1060
To:
Dorothy Gunn, Clerk
Illinois Pollution Control Board
James R
. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, IL 60601
Carol Webb
Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
P .O
. Box 19274
Springfield, IL 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
.
Daniel Brenner
Assistant State's Attorney
Jackson County Courthouse, Third Fl
.
Murphysboro, IL 62966
618-687-7200
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECEIVED
CLERK'S
OFFICE
COUNTY OF JACKSON,
OCT 1 8 2006
Complainant,
)
v.
)
AC 06 - 21
Pollution
STATE OF
Control
ILLINOISBoard
Site Code
: 0778035009
DAN KIMMEL,
)
