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

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