BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
)
)
)
)
AC 09-44
v.
)
)
)
(IEPA No. 80-09-AC)
GORDON INVESTMENT GROUP, LLC, )
Respondent.
)
)
NOTICE OF FILING
To: Stephen Holland
Holland and Holland
397 West Main Street
P.O. Box 298
Bushnell, IL 61422-0298
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 SE
II ’ II
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 18, 2009
Electronic Filing - Received, Clerk's Office, September 17, 2009
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Complainant,
)
)
)
)
AC 09-44
v.
)
)
)
(IEPA No. 80-09-AC)
GORDON INVESTMENT GROUP, LLC,
)
Respondent.
)
)
STIPULATION OF SETTLEMENT AND DISMISSAL
OF RESP’
II III I
NOW COMES the Complainant, ILLINOIS ENVIRONMENTAL PROTECTION
Y I , y
y,
Special Assistant Attorney General
Michelle M. Ryan, and the Respondent, GORDON INVESTMENT GROUP, LLC
,
by and through its attorney, Stephen E. Holland, Holland and Holland, pursuant to Sections 31.1
and 42(b)(4-
I , I
-
5) (2008), and Section 103.180 of the Il
’
Regulations, 35 Ill. Adm. Code 103.180, the parties hereby enter into this STIPULATION OF
II ’ II III
I , ,
the parties respectfully state as follows:
1.
On March 26, 2009, Robert Wagner, an Environmental Protection Specialist for the
I ’
Peoria Regional Office, conducted an inspection of a facility owned and operated by
the Respondent. The facility is located at 601 E. Osborn Street, Bushnell, McDonough County,
Illinois, and is designated with Illinois EPA Site Code No. 1090155029.
2.
On or about May 12, 2009, the Illinois EPA served the Respondent with
Administrative Citation No. 80-09-AC, alleging therein that the Respondent had caused or
allowed open dumping at its facility on March 26, 2009, in a manner which resulted in the
following occurrences: (1) litter, a violation of 415 ILCS 5/21(p)(1) (2008); (2) open burning, a
violation of 415 ILCS 5/21(p)(3) (2008); and the deposition of construction or demolition debris,
a violation of 415 ILCS 5/21(p)(7) (2008).
3.
On or about June 12, 2009, 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, a violation of 415 ILCS 5/21(p)(3)
(2008), and agrees to pay the statutory civil penalty of
$1,500.00 pursuant to 415 ILCS 5/42(b)(4-5) (2008).
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
, ’
ns, 35 Ill.
Adm. Code Subtitles A through H.
PROOF OF SERVICE
I hereby certify that I did on the 18
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
’
S PETITION FOR REVIEW
To: Stephen Holland
Holland and Holland
397 West Main Street
P.O. Box 298
Bushnell, IL 61422-0298
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
