ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
STATE OF
ILLINOIS
pollution Control
Board
Complainant,
AC 07-54
RECEIVED
CL
EFilit'S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
MAR 1 0 2008
v.
?
F,PA No. 113-07-AC)
ADOLPH M. LO,
Respondent.
NOTICE OF FILING
To: Harold A. Miller
Miller & Hendren, LLP
National City Bank Building
Second Floor, 30 E. Main
Champaign, Illinois 61824
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
REV
I FM.
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: March 6, 2008
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECEIVED
CLERK'S
OFFICE
MAR
1 D 2008
PROTECTION
ILLINOIS ENVIRONMENTALAGENCY,
Poilution
STATE OF
Control
ILLINOISBoard
Complainant,
AC 07-54
v.
(TFPA
No. 113-07-AC)
ADOLPH M. LO,
)
Respondent.
)
STIPULATION OF SETTLEMENT AND DISMISSAL
NOW
OF
COMES
RESPONDENT'S
the Complainant,
PETITION
ILLINOIS
FOR ADMINISTRATIVE
ENVIRONMENTAL
REV
PROTECTION
?
AGENCY ("Illinois EPA"), by and through its attorney, Michelle M. Ryan, and the Respondent,
ADOLPH M. LO ("Respondent"), by and through his attorney, Harold A. Miller of Miller &
Hendren LLP, 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) (2006), 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 REV
I 1-,,W
("Agreement"), and in support hereof, the parties
respectfully state as follows:
1. On
March 21, 2007, Mike Mullins, 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 at 2000 North Staley Road, Seymour,
Champaign County, Illinois, and is designated with Illinois EPA Site Code No. 0198025007.
2.
On or about April 26, 2007, the Illinois EPA served the Respondent with
Administrative Citation No. 113-07-AC, alleging therein that the Respondent had caused or
allowed open dumping at their facility on March 21, 2007, in a manner which resulted in the
following occurrences: (1) litter, a violation of 415 ILCS 5/21(p)(1) (2006); (2) open burning, a
violation of 415 ILCS 5/21(p)(3); and (3) deposition of construction or demolition debris, a
violation of 415 ILCS 5/21(p)(7) (2006).
3.
On or about June 4, 2007, 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) (2006),
and agrees to pay the statutory civil penalty of $1,500.00
pursuant to 415 ILCS 5/42(b)(4-5) (2006).
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.
(2006), and the Board's rules and regulations, 35 Ill.
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.
f.
Respondent's Petition for Review filed with the Board on or
about June 4, 2007, 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,
BYJ DATE:
2.CD
gi
Michelle M. Ryan
Special Assistant Attorney General
1021 North Grand Avenue East
Springfield, IL 62702-4059
(217) 782-5544
-AND-
Respondent,
DATE:
L
?
("C
ADOLPH M. LO
3
PROOF OF SERVICE
I hereby certify that I did on the 6
th
day of March, 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: Harold A. Miller
Miller & Hendren, LLP
National City Bank Building
Second Floor, 30 E. Main
Champaign, Illinois 61824
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
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