BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
R
CLERK-,9
ECEIVOFFICE
CL-k,
01 2006
ILLINOIS ENVIRONMENTAL
)
PROTECTION
AGENCY,
STATE
OF ILLINOIS
)
Pollution Control Board
Complainant,
)
AC 06-56
V .
)
(IEPA No. 128-06-AC)
LAKE WILD WIND PARK, L.L.C.,
)
Respondent .
)
NOTICE OF FILING
To:
Stephen T . Grossmark, Esq .
Tressler, Soderstrom, Maloney & Priess
233 S
. Wacker Drive
Chicago, IL 60606-6399
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 RESPONDENTS' 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 : December 5, 2006
THIS FILING SUBMITTED ON RECYCLED PAPER
RECEIVED
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
DEC
0
j 2006
ILLINOIS ENVIRONMENTAL
)
Pollution Control Board
PROTECTION AGENCY,
)
Complainant,
)
AC 06-56
V .
)
(IEPA No
. 128-06-AC)
LAKE WILD WIND PARK,
L
.L.C .,
)
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,
LAKE WILDWIND PARK, L
.L .C
. ("Respondent"), by and through its attorney, Tressler,
Soderstrom, Maloney & Priess, LLP, 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 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
:
1 .
On May 4, 2006, Jeff Port, an Environmental Protection Specialist for the Illinois
EPA's BOL-Peoria Regional Office, conducted an inspection of a facility owned and operated by
the Respondent
. The facility is located at 120 Hollyhock Lane, Woodford County, Illinois, and is
designated with Illinois EPA Site Code No
. 2038165008
.
2.
On or about June 24, 2006, the Illinois EPA served the Respondent with
Administrative Citation No . 128-06-AC, alleging therein that the Respondent had caused or
allowed open dumping at its facility on May 4, 2006, 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 415ILCS 5/21(p)(3)
.
3 .
On or about July 27, 2006, 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 neither admits nor denies that it caused or
allowed open dumping resulting in open burning, a violation
of 415 ILCS 5/21(p)(3) (2004), but agrees to pay a
settlement amount, in order to resolve this matter amicably
of $1,500.00
pursuant to 415 ILCS 5142(b)(4-5) (2004) .
b.
Respondent agrees to pay the settlement amount within 30
days of the date of the Board's order accepting this
stipulation
.
c.
Respondent agrees to comply with 415 ILCS 5/1 et seq.
(2002), and the Board's rules and regulations, 35 111 . Adm .
Code Subtitles A through H.
d.
Based on information and belief, the waste located at the site
that was the subject of this administrative citation has been
removed and properly disposed of.
2
The Illinois EPA agrees not to refer the alleged 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 July 27, 2006, 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,
I ,
. .~., . n 1 /
.
Michelle M
. Ryan
Special Assistant Attorney General
1021 North Grand Avenue East
Springfield, IL 62702-4059
(217) 782-5544
-AND-
LAKE WILDWIND PARK,
L.L.C
.,
Respondent,
rand
/Ltitle]./s~-T
4
3
DATE :
) Z
. (S I
O )o
PROOF OF SERVICE
I hereby certify that I did on the 5`
h day of December 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
RESPONDENTS' PETITION FOR ADMNISTRATIVE REVIEW
To: Stephen T . Grossmark, Esq .
Carol Webb
Tressler, Soderstrom, Maloney & Priess
Hearing Officer
233 S . Wacker Drive
Illinois Pollution Control Board
Chicago, IL 60606-6399
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
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
