CEVED
CLERK’S
OFFICE
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
OCT1S2009
PROTECTION
ILLINOIS
ENVIRONMENTALAGENCY,
)
)
oNuton
STATE
OF
ControliLUNOIS
Board
)
Complainant,
)
AC
09-22
V.
)
)
(TEPA
No.
301-08-AC)
)
BRADLEY
&
CAROL
CORZINE,
)
Respondents.
)
)
NOTICE
OF
FILING
To:
Bradley
&
Carol
Corzine
4735
St. Johns
Road
Dongola,
IL
62926
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
REVifiW.
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:
October
13,
2009
BEFORE
THE
ILLINOIS
POLLUTION
CONTROL
BOARD
ILLINOIS ENVIRONMENTAL
)
ERK
S
OFFICE
PROTECTION
AGENCY,
)
CT
o
2009
Complainant,
)
AC
09-22
V.
)
(JEPAN0.
301-08-AC)
)
BRADLEY
&
CAROL
CORZINE,
)
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,
Special
Assistant
Attorney
General
Michelle
M.
Ryan,
and
the
Respondents,
BRADLEY
&
CAROL
CORZINE
(“Respondents”),
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) (2008),
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
September
18,
2008,
Sheila
Williams,
an
Environmental
Protection
Specialist
for
the
Illinois
EPA’s
Marion
Regional
Office,
conducted
an inspection
of
a facility
owned
and
operated
by
the
Respondent.
The
facility
is
located
at
SEC
23,
Ti
3,
Ri
W,
SW,
SW,
SE,
E
V2
of
the
NW.
This
property
consistes
of
210.53
acres
in
Union
County,
Illinois,
and
is
designated
with
Illinois
EPA
Site
Code
No.
1818555005.
2.
On or
about October
23,
2008,
the Illinois
EPA
served
the
Respondents
with
Administrative
Citation
No.
301 -08-AC,
alleging
therein
that
the Respondents
had
caused
or
allowed
open
dumping
at
their facility
on
September
18,
2008,
in
a manner
which
resulted
in
the
following
occurrences:
(1) litter,
a
violation
of
415
ILCS
5/21(p)(1)
(2006);
and
(2)
deposition
of
construction
or
demolition
debris,
a violation
of 415
ILCS 5/21(p)(7)
(2006).
3.
On
or about
November
3, 2008,
the
Respondents
filed
an Amended
Petition
for
Review
contesting
the administrative
citation.
4.
Tn
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, 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
November
3,
2008,
shall
be
dismissed.
WHEREFORE,
the
parties
request
that
the
Board
accept
this
Agreement
and
issue
an
order
consistent
with
its
terms
and
conditions.
]LLTh1OIS
E VRONMENTAL
PROTECTION
AGENCY,
Complainant,
BY)JI
DATE:
(q
Michelle
M.
Ryan
Special
Assistant
Attorney
General
1021
North
Grand
Avenue
East
Springfield,
fL
62702-405
9
(217)782-5544
-AND
Respondents,
•__________________
9
DATE:
Bradle
DATE:
Carolyn Corz{
3
PROOF
OF
SERVICE
Thereby
certify
that
I did
on
the
13
th
day
of
October,
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
RESPONDENT’S
PETITION
FOR
REVIEW
To:
Bradley
&
Carol
Corzine
4735
St.
Johns
Road
Dongola,
IL
62926
and
the
original
and
nine
(9)
true
and
correct
copies
ofthe
same
foregoing
instruments
on
the
same
date
by
U.S.
Mail
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
uj
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
5