ILLINOIS POLLUTION CONTROL BOARD
    December 1, 1994
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    )
    )
    Complainant,
    )
    v.
    )
    PCB 94—220
    (Enforcement)
    CITY OF GILLESPIE, MACOUPIN
    )
    COUNTY; JOHN CRAWFORD, df b/a
    )
    KNOSTMAN CRAWFORD ASSOCIATES;
    )
    AND H & H MECHANICAL
    AND
    )
    ELECTRICAL CONTRACTORS, INC.,
    )
    )
    Respondent.
    OPINION AND ORDER OF THE BOARD (by J. Theodore Meyer):
    This matter comes before the Board upon a seven—count
    complaint filed August 12, 1994, by Roland W. Burns, Attorney
    General of the State of Illinois, on behalf of the Illinois
    Environmental Protection Agency, and the People of the State of
    Illinois, against the City of Gillespie, John Crawford, d/b/a
    Knostman Crawford Associates; and H & H Mechanical and Electrical
    Contractors, Incorporated.
    The complaint alleges that the Respondents have violated
    Section 12(a), (b), (d) and (f) of the Environmental Protection
    Act (Act), (415 ILCS 5\12(a), (b), (d) and (f))(1992)) and 35
    Ill. Adin. Code 309.102(a), 302.203, 302.212 (e) and 304.106 by
    the unpermitted cutting of the berms, failing to notify or report
    to the Agency the incident, by causing or allowing the discharge
    of effluent of color above obvious levels, causing or allowing
    the discharge of the treatment plant’s receiving stream to become
    discolored and odorous, and by causing or allowing effluent from
    cells #3 and #4 to enter Bear Creek.
    Pursuant to 415 ILCS 5/31(a) (2), the complainant and H & H
    Mechanical and Electrical Contractors filed a joint motion
    requesting relief from the Act’s hearing requirement on September
    16, 1994. Although the motion states that agreements have been
    reached with two of the three respondents, only one is enclosed.
    The Board published a notice of the waiver on October 19, 1994;
    rio objection to granting of the waiver was received. Waiver of
    hearing is hereby granted as to H & H Mechanical and Electrical
    Contractors only.
    The parties filed a stipulation and settlement agreement on
    September 16, 1994. The stipulation sets forth facts relating to
    the nature, operations and circumstances surrounding the claimed
    2
    violations. H & H Mechanical and Electrical Contractors only
    admits the alleged violations and agrees to pay a civil penalty
    of ten thousand dollars ($10,000.00).
    The Board finds the settlement agreement acceptable under 35
    Ill. Adm. Code 103.180. This settlement agreement in no way
    affects respondent’s responsibility to comply with any federal,
    state or local regulations, including but not limited to the Act
    and the Board’s pollution control regulations.
    This opinion constitutes the Board’s findings of fact and
    conclusions of law in this matter, as to H & H Mechanical and
    Electrical Contractors, Inc. only.
    ORDER
    1) The Board hereby accepts the Stipulation and Settlement
    Agreement executed by the People of the State of
    Illinois and H & H Mechanical and Electrical
    Contractors, concerning the City of Gillespie’s sewage
    treatment facility located in Macoupin County,
    Illinois. The Stipulation and Settlement Agreement are
    incorporated by reference as though fully set forth
    herein.
    2) H & H Mechanical and Electrical Contractors, shall pay
    the sum of ten thousand dollars ($10,000.00) within one
    year of the date of this Order. Such payment shall be
    made by certified check or money order payable to the
    Treasurer of the State of Illinois, designated to the
    Environmental Protection Trust Fund, and shall be sent
    by First Class mail to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    P.O. Box 19276
    Springfield, IL 62794—9276
    The certified check or money order shall clearly
    indicate on its face, H & H Mechanical and Electrical
    Contractors’s Federal Employer Identification Number or
    Social Security Number and that payment is directed to
    the Environmental Protection Trust Fund
    Any such penalty not paid within the time prescribed
    shall incur interest at the rate set forth in
    subsection (a) of Section 1003 of the Illinois Income
    Tax Act, (35 ILCS 5/1003), as now or hereafter amended,
    from the date payment is due until the date payment is
    received. Interest shall not accrue during the
    pendency of an appeal during which payment of the
    3
    penalty has been stayed.
    3) H & H Mechanical and Electrical Contractors shall cease
    and desist from the alleged violations.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS
    5/41) provides for the appeal of final Board orders within 35
    days of the date of service of this order. (See also 35 Ill.
    Adm. Code 101.246, Motion for Reconsideration.)
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
    Board, hereby certify that the abo~1ie
    opinion
    and order was
    adopted on the
    /
    ~ ‘~
    day of
    _____________________,
    1994, by a
    vote of
    7-o .
    ~
    /7~
    Dorothy N.7çkinn, Clerk
    Illinois Po~~LlutionControl Board

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