ILLINOIS POLLUTION CONTROL BOARD
    January 18, 2001
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    CHESTER BROSS CONSTRUCTION
    COMPANY, INC.,
    Respondent.
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    PCB 01-91
    (Enforcement – Air)
    OPINION AND ORDER OF THE BOARD (by C.A. Manning):
    On December 8, 2000, the People of the State of Illinois (People) filed a four-count
    complaint against respondent Chester Bross Construction Company, Inc. (Chester). The
    complaint alleges Chester caused or allowed air pollution, open dumping, and open burning,
    and violated conditions of its air permit at various highway improvement sites in Adams
    County, Illinois. These activities were in alleged violation of Sections 9(a)-(c) and 21(a), (b),
    (d), and (e) of the Environmental Protection Act (Act) (415 ILCS 5/9(a)-(c), 21(a), (b), (d), (e)
    (1998)), the Board’s air pollution regulations at 35 Ill. Adm. Code 201.141, 201.142, and
    201.143, and operating permit 97070052.
    Also on December 8, 2000, the parties filed a joint stipulation and proposal for
    settlement, accompanied by a motion requesting relief from the hearing requirement of Section
    31(c)(1) of the Act (415 ILCS 5/31(c)(1) (1998)). Pursuant to Section 31(c)(2) of the Act (415
    ILCS 5/31(c)(2) (1998)), the Board caused publication of the required newspaper notice of the
    stipulation and proposal for settlement and request for relief from the hearing requirement.
    The notice appeared in
    The Quincy Herald-Whig
    on December 14, 2000. The Board did not
    receive any requests for hearing. Accordingly, the Board grants a waiver from the hearing
    requirement.
    The stipulation and proposal for settlement sets forth the facts relating to the nature,
    operations, and circumstances surrounding the allegations in the complaint. Chester does not
    admit to the violations alleged by the People, but agrees to pay a civil penalty of $25,000.
    The Board accepts the stipulation and proposal for settlement filed by the parties in this
    matter. Chester must continue to comply with any federal, State, or local regulations
    including, but not limited to, the Act and the Board’s regulations.
    This opinion constitutes the Board’s findings of fact and conclusions of law in this
    matter.
    2
    ORDER
    1.
    The Board hereby accepts the stipulation and settlement agreement executed by
    the People of the State of Illinois and Chester Bross Construction Company, Inc.
    (Chester). The stipulation and settlement agreement is incorporated by
    reference as though fully set forth herein.
    2.
    Chester must pay a civil penalty of $25,000. Payment must be made within 30
    days of the date of this order, that is, on or before February 17, 2001. Such
    payment must be made by certified check or money order payable to the Illinois
    Environmental Protection Agency, for deposit in the Environmental Protection
    Trust Fund. The case number, case name, and Chester’s federal employer
    identification number 43-0995-985 must also be included on the certified check
    or money order and clearly indicate that payment is directed to the
    Environmental Protection Trust Fund.
    3.
    The check or money order must be sent by first class mail to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
    A copy of the payment transmittal and check shall be simultaneously submitted
    to:
    Office of the Attorney General
    Donna Lutes, Environmental Bureau
    500 South Second Street
    Springfield, Illinois 62706
    4.
    Any such penalty not paid within the time prescribed incurs interest at the rate
    set forth in subsection (a) of Section 1003 of the Illinois Income Tax Act, (35
    ILCS 5/1003
    (1998)
    ), as now or hereafter amended, from the date payment is
    due until the date payment is received. Interest does not accrue during the
    pendency of an appeal during which payment of the penalty has been stayed.
    5.
    Chester must cease and desist future alleged violations of any federal, State, or
    local statutes and regulations.
    IT IS SO ORDERED.
    3
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1998)) provides for
    the appeal of final Board orders to the Illinois Appellate Court within 35 days of the date of
    service of this order. Illinois Supreme Court Rule 335 establishes such filing requirements.
    See 172 Ill. 2d R. 335; see also 35 Ill. Adm. Code 101.520, Motions for Reconsideration.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above opinion and order was adopted on the 18th day of January 2001 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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