REECEI"E 0
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLERKS OFFICE
DEC
t =, 2006
ILLINOIS ENVIRONMENTAL
)
STATE
OF ILLINOIS
PROTECTION AGENCY,
)
Pollution Control Board
Complainant,
)
AC 07-02
V .
)
(IEPA No . 130-06-AC)
NORBERT and WILMA ADAMS,
)
Respondents .
)
NOTICE OF FILING
To : William R. Kelly, Esq .
4801 N. Prospect Rd.
Peoria Heights, IL 61616
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
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: Noverner 22, 2006
THIS FILING
SUBMITTED ON RECYCLED PAPER
RER EIIV D
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
DEI. 1
2005
ILLINOIS ENVIRONMENTAL
STATE OF ILLINOIS
)
PROTECTION
AGENCY,
Pollution Control Board
)
Complainant,
)
AC 07-02
V .
)
(IEPA
No
. 130-06-AC)
NORBERT AND WILMA ADAMS,
)
Respondent .
)
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,
NORBERT AND WILMA ADAMS, ("Respondents"), by and through their attorney, Bill Kelly,
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, 35111
. 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 5, 2006, Gene Figge, an Environmental Protection Specialist for the
Illinois EPA's BOL--Peoria Regional Office, conducted an inspection of a facility owned and
operated by the Respondents
. The facility is located at the intersection of 900 E and 1500 N,
Metamora Township, Woodford County, Illinois, and is designated with Illinois EPA Site Code
No. 2038075004.
2. On or about July 8, 2006, the Illinois EPA served the Respondents 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) deposition
of construction or demolition debris, a violation of 415 ILCS 5/21(p)(7) .
3 .
On or about August 10, 2006, the Respondents 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.
Respondents admit that they caused or allowed open
dumping resulting in litter, a violation of 415 ILCS
5/21(p)(1) (2004), and agrees to pay the statutory civil
penalty of $1,500
.00 pursuant to 415 ILCS 5142(b)(4-5)
(2004) .
b .
Respondents agree to pay the statutory civil penalty within
30 days of the date of the Board's order accepting this
stipulation.
c.
Respondents agree to diligently comply with, and shall
cease and desist from further violation of the Act, 415
ILCS 5/1 et seq . (2002), and the Board's rules and
regulations, 35 Ill . Adm . Code Subtitles A through H
.
i
A
Mic elle M. R
Special Assistant Attorney General
1021 North Grand Avenue East
Springfield, IL 62702-4059
(217) 782-5544
-AND-
d.
The waste located at the site that was the subject of this
administrative citation has been removed and properly
disposed of.
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 August 10, 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,
3
DATE:_
I 1 / I Ie ) o,
Norbert Adams
Wilma Adams
DATE:_ ~~
DATE:_
//-
/ ' lSG
PROOF OF SERVICE
I hereby certify that I did on the 22" day of November 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 : William R . Kelly, Esq .
Carol Webb
4801 N. Prospect Rd.
Hearing Officer
Peoria Heights, IL 61616
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
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
