BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
)
)
)
)
AC 08-16
v.
)
)
)
(IEPA No. 04-08-AC)
GENE BREEDEN,
)
)
Respondent.
)
NOTICE OF FILING
To: Jerry Niemann
Martensen & Niemann
140 North Taft Street
P.O. Box 146
Paxton, Illinois 60957
PLEASE TAKE NOTICE that on this date I electronically filed with the Clerk of the
Pollution Control Board of the State of Illinois the following instrument(s) entitled
STIPULATION OF SETTLEMENT AND DISMISSAL
’
FOR 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: September 16, 2009
Electronic Filing - Received, Clerk's Office, September 16, 2009
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
)
)
)
)
AC 08-16
v.
)
)
)
(IEPA No. 04-08-AC)
GENE BREEDEN,
)
)
Respondent.
)
STIPULATION OF SETTLEMENT AND DISMISSAL
’
NOW COMES the Complainant, ILLINOIS ENVIRONMENTAL PROTECTION
Y , y y, y,
,
GENE BREEDEN
, y
y, y ,
Sections 31.1 and 42(b)(4-
, 1 11
and 42(b)(4-5) (2008), and Section 103.180 of the Illinois Pollution C
’
Rules and Regulations, 35 Ill. Adm. Code 103.180, the parties hereby enter into this
’
, ,
ctfully state
as follows:
1.
On January 11, 2008, Kenneth Keigley, an Environmental Protection Specialist for
’ ,
y
operated by the Respondent. The facility is located at 104 West Lincoln Street, Loda, Iroquois
County, Illinois, and is designated with Illinois EPA Site Code No. 0750550001.
2.
On or about January 31, 2008, the Illinois EPA served the Respondent with
Administrative Citation No. 04-08-AC, alleging therein that the Respondent had caused or allowed
open dumping at his facility on January 11, 2008, 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) (2006); and (3) deposition of construction or demolition debris, a violation of
415 ILCS 5/21(p)(7) (2006).
3.
On or about March 5, 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 he caused or allowed open dumping
resulting in deposition of construction or demolition debris, a
violation of 415 ILCS 5/21(p)(7) (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
y
’
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.
(2008), and the
’ ,
Adm. Code Subtitles A through H.
PROOF OF SERVICE
I hereby certify that I did on the 16
th
day of September, 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 of the
following instrument(s) entitled STIPULATION OF SETTLEMENT AND DISMISSAL OF
’
To: Jerry Niemann
Martensen & Niemann
140 North Taft Street
P.O. Box 146
Paxton, Illinois 60957
and the original via electronic filing
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
