BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECEIVED
CLERK'S
OFFICE
ILLINOIS ENVIRONMENTAL
)
PROTECTION
AGENCY,
MAY 3 1 2007
)
)
STATE OF ILLINOJS
Complainant,
AC 05-44
Pollution
Ba
V .
)
(IEPA No. 587-04-AC)
DONALD EICHEN,
)
Respondents .
)
NOTICE OF FILING
To: Donald Eichen
221 Mounts
Carlinville, IL 62626
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,
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O
. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
Dated : May 29, 2007
THIS FILING SUBM
DON RECYCLED PAPER
~ ~ .
low
ichelle M. Ryan
Special Assistant Attorney General
I
RECEOVED
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLERK'S OFFICE
MAY 3
1 2007
ILLINOIS ENVIRONMENTAL
)
Pollution
STATE
PROTECTION AGENCY,
O
Contol
ILLINOIS
Board
)
Complainant,
)
AC 05-44
V .
)
(IEPA No. 587-04-AC)
DONALD EICHEN,
)
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,
DONALD EICHEN ("Respondent"), 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 November 1, 2004, Jan Mier, an Environmental Protection Specialist for the
Illinois EPA's Springfield Regional Office, conducted an inspection of a facility owned and
operated by the Respondent
. The facility is located in the SW quarter of Section 21, Township
1 QN, Range 7W, west of the abandoned railroad track, north of the east end of Breckenridge Street
in Carlinville, Macoupin County, Illinois, and is designated with Illinois EPA Site Code No .
1170150004 .
2. On or about December 15, 2004, the Illinois EPA served the Respondent with
Administrative Citation No . 587-04-AC, alleging therein that the Respondent had caused or
allowed open dumping at its facility on November 1, 2004, in a manner which resulted in the
following occurrences : (1) litter, a violation of 415 ILCS 5/21(p)(1) (2002) .
3 .
On or about January 212005, 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 litter, a violation of 415 ILCS 5/21(p)(1) (2002),
and 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 within
30 days of the date of the Board's order accepting this
stipulation
.
c . Respondent agrees to diligently comply with, and shall cease
and desist from further violation of the Act, 415 ILCS 5/1 et
seq . (2004), and the Board's rules and regulations, 35 111 .
Adm
. Code Subtitles A through H .
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 January 21, 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,
DATE
:
)`4s
&4 29, Zoo?
Michelle M . R
Special Assistant Attorney General
1021 North Grand Avenue East
Springfield, IL 62702-4059
(217) 782-5544
-AND-
DONALD EICHEN, Respondent,
g x~.vze+ a,,,,
DATE:
3
124% 2667
PROOF OF SERVICE
I hereby certify that I did on the 29`h
day of May 2007, serve by hand delivery a true and correct
copy of the following instrument(s) entitled STIPULATION OF SETTLEMENT AND DISMISSAL
OF RESPONDENTS' PETITION FOR ADMNISTRATIVE REVIEW
To: Donald Eichen
221 Mounts
Carlinville, IL 62626
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
