BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JAN 1 / 2008
'Dilution
OF
ILLINOIS
Control Board
RCELEFK'ES
01
VFFIECED
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
AC 06-33
v.
?
(IEPA No. 61-06-AC)
JOHNNY KEMPER d/b/a KEMPER TREE
SERVICE,
Respondent.
NOTICE OF FILING
To: Larry Jones
Jones & Jones Law Offices, P.C.
P.O. Box 8
Paris, Illinois 61944
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 RESPONDENT'S 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: January 8, 2008
THIS FILING SUBMITTED ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
?
ceCEIVE
1-F,RK'S
OFFICE
D
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
v.
JOHNNY KEMPER d/b/a KEMPER TREE
SERVICE,
Respondent.
JAN 1 1 2008
Pollution
_STATE
Control
OF ILLINOISBoard
AC 06-33
(IEPA No. 61-06-AC)
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,
JOHNNY KEMPER d/b/a KEMPER TREE SERVICE ("Respondent"), by and through his
attorney, Larry B. Jones, 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 March 1, 2006, Curt White, an Environmental Protection Specialist for the
Illinois EPA's Champaign Regional Office, conducted an inspection of a facility owned and
operated by
the
Respondent. The facility is located in the SE 'A of Section 35, Township 14, Range
12W in Paris, Edgar County, Illinois, and is designated with Illinois EPA Site Code No.
0458085005.
2.
On or about March 31, 2006, the Illinois EPA served the 'Respondent with
Administrative Citation No. 61-06-AC, alleging therein that the Respondent had caused or allowed
open dumping at its facility on March 1, 2006, in a manner which resulted in the following
occurrences: (1) litter, a violation of 415 ILCS 5/21(p)(1) (2004); and (2) open burning, a violation
of 415 ILCS 5/21(p)(3) (2004).
3.
On or about May 6, 2006, the Respondent filed a Petition for Review contesting the
administrative citation.
4.
On [DATE], the Bankruptcy Court for the Central District of Illinois entered an
order approving the form of this settlement (Exhibit A).
5.
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). The statutory
civil penalty of $1,500 is imposed pursuant to the police
powers of the State of Illinois, intended to protect the public
health, safety, welfare, and environment.
Respondent agrees to pay the statutory civil penalty within
30 days of the date of the Board's order approving this
settlement. This settlement agreement is not an action to
2 of 4
collect the agreed penalty, nor will the State of Illinois take
any action to collect this penalty during the pendency of
Case No. 06-91251, other than through the Central District
of Illinois Bankruptcy Court, in consideration of any
potential stay against collection activities in other forums.
c.
Respondent agrees to diligently comply with, and shall cease
and desist from further violation of the Act, 415 ILCS 5/1
et
seq.
(2006), and the Board's rules and regulations, 35 Ill.
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 May 6, 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: t
I-7 log
M
. chelle M. Ryan
Special Assistant Attorney General
1021 North Grand Avenue East
Springfield, IL 62702-4059
(217) 782-5544
3 of 4
-AND-
John D. Kemper, Respondent,
DATE: /4//.
?
/
,
4 of 4
PROOF OF SERVICE
I hereby certify that I did on the 8 th
day of January, 2008, 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
RESPONDENT'S PETITION FOR ADMNISTRATIVE REVIEW
To: Larry Jones
Jones & Jones Law Offices, P.C.
P.O. Box 8
Paris, Illinois 61944
and the original and nine (9) true and correct copies of the same foregoing instruments on the same
date by by Certified Mail, Return Receipt Requested, with postage thereon fully prepaid
To: John Therriault, Acting Clerk
Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, Illinois 60601
Michel e 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