BEFORE
THE
ILLINOIS
POLLUTION
CONTROL BOARD
CLERjç5
Qv
OFFICE
ILLINOIS
ENVIRONMENTAL
)
PROTECTION
AGENCY,
)
STATE
OF
ILLINOIS
)
Control
Board
Complainant,
)
AC
08-29
)
V.
)
(IEPANo.
65-08-AC)
)
KEISTER’S,
INC.,
)
Respondent.
)
)
NOTICE
OF
FILING
To:
Ronald
D. Stombaugh,
Esq.
1025
East
Broadway
P.O.
Box
766
Monmouth, Illinois
61462
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
RESPONDENT’S
PETITION
FOR
ADMINISTRATIVE
REVIEW.
Respectfully
Submitted,
Michelle
M.
Ryan
Assistant
Counsel
Illinois
Environmental Protection
Agency
1021
North
Grand
Avenue
East
P.O.
Box
19276
Springfield,
Illinois
62794-9276
(217)
782-5544
Dated:
January
13,
2009
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
S
OFFICE
JAN
162009
ILLINOIS
ENVIRONMENTAL
)
STATE
OFILLINO
PROTECTION
AGENCY,
)
OiIUtjon
Controi
Bo
)
Complainant,
)
AC
08-29
V.
)
)
(IEPA
No.
65-08-AC)
)
KEISTER’S,
INC.,
an
Illinois
corporation,
)
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,
Special
Assistant
Attorney
General
Michelle
M.
Ryan,
and
the
Respondent,
KEISTER’S,
INC.
(“Respondent”),
by
and
through
its
attorney, Ronald
Stombaugh,
Esq.,
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
REVIEW
(“Agreement”),
and
in support
hereof,
the
parties
respectfully state
as
follows:
1.
On
March
11,
2008,
Jeb
McGhee,
an
Environmental
Protection
Specialist
for
the
Illinois
EPA’s
Peoria
Regional
Office,
conducted
an
inspection
of
a
facility
owned
and
operated
by
the
Respondent.
The
facility
is located
at
1348
South
Main,
Monmouth,
Warren
County,
Illinois,
and
is
designated
with
Illinois
EPA
Site
Code
No.
1878080002.
2.
On
or
about
May
5,
2008,
the
Illinois
EPA
served
the
Respondents
with
Administrative
Citation
No.
65-08-AC,
alleging
therein
that
the
Respondent
had
caused
or
allowed
open
dumping
at
its facility
on
March
11,
2008,
in
a
manner
which
resulted
in
the
following
occurrences:
(1)
litter,
a
violation
of
415
ILCS
5/21
(p)(
1)
(2006);
and
(2)
open
burning,
a
violation
of
415
TLCS
5/21(p)(3)
(2006).
3.
On
or
about
May
29,
2008,
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
it
caused
or allowed
open
dumping
resulting
in
open
burning,
aviolationof4l5
ILCS
5/21(p)(3)
(2006),
and
agrees
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,
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.
2
e.
The
Illinois
EPA
agrees
not
to
refer
the
violations
that
are
the
subject
of
this
administrative
citation
to
the
Office
ofthe
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
29,
2008,
shall
be
dismissed.
WHEREFORE,
the
parties request
that
the
Board
accept
this
Agreement
and
issue
an
order
consistent
with
its
terms
and
conditions.
ILUNOIS
ENVRONMENTAL
PROTECTION
AGENCY,
Complainant,
ichelle
M.
Kyan
Special
Assistant
Attorney
General
1021
North
Grand Avenue
East
Springfield,
IL
62702-4059
(217)
782-5544
-AND-
DATE:
L
lI31O
KEISTER’S,
INC.,
Respondent,
BY:
Ronald
Stombaugh,
Esq.
1025
East
Broadway
Monmouth,
IL
61462
DATE:
2ô’
f.
3
PROOF
OF SERVICE
I hereby
certify
that
I
did
on the
13
th
day
of
January,
2009,
send
by
U.S.
Mail
with
postage
thereon
fully
prepaid,
by
depositing
in
a
United
States
Post
Office
Box a
true and
correct
copy
ofthe
following
instrument(s)
entitled
STIPULATION
OF SETTLEMENT
AND
DISMISSAL
OF
RESPONDENT’S
PETITION
FOR
ADMINISTRATIVE
REVffiW
To:
Ronald
D.
Stombaugh,
Esq.
1025
East
Broadway
P.O. Box
766
Monmouth, Illinois
61462
and
the original
and
nine (9)
copies
of
the
same
foregoing
instrument
on
the same
date
via
U.S.
Mail
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
Assistant
Counsel
Illinois
Environmental Protection
Agency
1021
North
Grand
Avenue
East
P.O.
Box
19276
Springfield, Illinois
62794-9276
(217)
782-5544