Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
Dated : May 29, 2007
NOTICE OF FILING
To: James VanWinkle, Esq .
V anW inkle & V anW inkle
301 South Jackson
P
.O. Box 337
McLeansboro, Illinois 62859-0337
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,
ichelle
Ryan
Special Assistant Attorney General
THIS FILING SUBMITTED ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECEIVEDCLERKS
OFFICE
ILLINOIS ENVIRONMENTAL PROTECTION )
JUN 0 1 2007
AGENCY,
)
STATE OF ILLINOIS
Complainant,
) AC 07-12
Pollution Control Board
v.
)
FRANCIS E . MORRIS,
)
Respondent.
)
(IEPA No . 183-06-AC)
BEFORE THE ILLINOIS POLLUTION CONTROL BOARDdLERKS OFFICEE)
ILLINOIS ENVIRONMENTAL
JUN 0 1 2007
)
PROTECTION
AGENCY,
STATE OF
ILLINOIS
)
Pollution Control Board
Complainant,
)
AC 07-12
V .
)
(IEPA No . 183-06-AC)
FRANCIS E. MORRIS,
)
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,
FRANCIS E
. MORRIS ("Respondent"), by and through his attorney, James Van Winkle, 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 July 12, 2006, Maggie Stevenson, an Environmental Protection Specialist for
the Illinois EPA's Marion Regional Office, conducted an inspection of a facility owned and
operated by the Respondent
. The facility is located at 22595 Vineyard Road in rural Omaha,
Gallatin County, Illinois, and is designated with Illinois EPA Site Code No
. 0598070001 .
2.
On or about August 25, 2006, the Illinois EPA served the Respondent with
Administrative Citation No
. 183-06-AC, alleging therein that the Respondent had caused or
allowed open dumping at its facility on July 12, 2006, in a manner which resulted in the following
occurrences
: (1) litter, a violation of 415 ILCS 5/21(p)(1) (2004) ; open burning, a violation of 415
ILCS 5/21(p)(3) (2004) ; waste in standing or flowing waters, a violation of 415 ILCS 5/21 (p)(4)
(2004) ; and deposition of construction or demolition debris, a violation of 415 ILCS 5/21(p)(7)
(2004) .
3.
On or about September 29, 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 admits that he 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 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 .
2
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
.
Respondent's Petition for Review filed with the Board on or
about September 29, 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,
Michelle M. Ryan
Special Assistant Attorney General
1021 North Grand Avenue East
Springfield, IL 62702-4059
(217) 782-5544
-AND-
FRANCIS E . MORRIS, Respondent,
By Bertha Morris, Power of Attorney
!l w~'/~-~ /r
P o
DATE:
Bertha Morris, POA
3
DATE:
51331(8
PROOF OF SERVICE
I hereby certify that I did on the 30 th day o f May 2007, 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: James VanWinkle, Esq .
VanWinkle & VanWinkle
301 South Jackson
P
.O
. Box 337
McLeansboro, Illinois 62859-0337
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
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O . Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
Michelle M
. Ryan
Special Assistant Attorney General
THIS FILING SUBMITTED ON RECYCLED PAPER
