ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
APR.2 1 2008
p
ollution
ST
ATE OF
Control
ILLI
NOISOr
AC 07-62
d
Michelle M. Rya
Special Assistant Attorney General
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ficreFaIFED
v.
?
(IEPA No. 156-07-AC)
JOHN A. & KAY E. OLDHAM,
Respondent.
NOTICE OF FILING
To: Charles Y. Davis
Brown, Hay & Stephens, LLP
205 South 5th Street
Springfield, Illinois 62705
Carol Webb
Hearing Officer
Pollution Control Board
1021 North Grand Avenue East
Springfield, Illinois 62702
PLEASE TAKE NOTICE that on this date I filed 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 ADMINISTRATIVE
REVIEW.
Respectfully Submitted,
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
Dated: April 17, 2008
BEFORE THE ILLINOIS POLLUTION CONTROL. BOARD
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
I
ECEIVE
LERK'S
OFF/CP
APR 2 1 2008
niST
tution
ATE
OF
co
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ntroi
ILLIN
Board
QS
Complainant,
?
AC 07-62
v.
?
OEM No. 156-07-AC)
JOI IN A. & KAY E. OLDHAM,
Respondents.
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 Respondents,
JOHN A. & KAY E. OLDHAM ("Respondents"), by and through their attorney, Charles Y. Davis
of Brown, Hay & Stephens, 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 III. 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 April 19, 2007, Garrison Gross, an Environmental Protection Specialist for the
Illinois EPA's Marion Regional Office, conducted an inspection of a facility owned and operated by
the Respondents. The facility is located at 693 Oskaloosa Road in rural Xenia, Clay County,
Illinois, and is designated with Illinois EPA Site Code No. 0258070001.
2.
On or about May 23, 2007, the Illinois ETA served the Respondents with
Administrative Citation No. 156-07-AC, alleging therein that the Respondents had caused or
allowed open dumping at their facility on April 19, 2007, in a manner which resulted in the
following occurrences: (1) litter, a violation of 4151LCS 5/21(p)(1) (2006); and (2) deposition of
construction or demolition debris, a violation of
3.
On or about June 27, 2007, 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) (2006), and agree to pay the statutory civil penalty
of $1 ,500.00 pursuant to 415 ILCS 5/42(b)(4-5) (2006).
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, 4151LCS 5/1
et
seq.
(2006), and the Board's rules and regulations, 35 III.
Adm. Code Subtitles A through H.
The waste located at the site that was the subject of this
administrative citation has been removed and properly
disposed of:
415 11,CS 5/21(p)(7) (2006).
2
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 June 27, 2007, shall be dismissed.
WI IEREFORE, 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: 41 t
ell
llez
/
Michelle M. Ryan
Special Assistant Attorney General
1021 North Grand Avenue East
Springfield, IL 62702-4059
(217) 782-5544
-AN D-
Respondents,
DATE:
JOHN A. OLDHAM
//-C.
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- L'Ellhitres
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DATE: m
79-(71"
KAY E. OLDHAM
3
PROOF OF SERVICE
I hereby certify that I did on the 17th
day of April, 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
RESPONDENTS' PETITION FOR ADMINISTRATIVE REVIEW
To: Charles Y. Davis
Brown, Hay
&
Stephens, LLP
205 South 5th Street
Springfield, Illinois 62705
Carol Webb
Hearing Officer
Pollution Control Board
1021 North Grand Avenue East
Springfield, Illinois 62702
and an original and nine (9) copies of the same foregoing instrument on the same date
To: John Therriault, Acting Clerk
Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-300
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