ILLINOIS POLLUTION CONTROL BOARD
    November 1, 2001
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    CROP PRODUCTION SERVICES, INC.,
    AEH CONSTRUCTION, INC. and
    GUNTHER CONSTRUCTION COMPANY,
     
    Respondents.
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    PCB 02-37
    (Enforcement - Land)
     
    OPINION AND ORDER OF THE BOARD (by C.A. Manning):
     
    On September 18, 2001, the Office of the Attorney General, on behalf of the People of
    the State of Illinois (People), filed a complaint against Crop Production Services, Inc. (Crop),
    AEH Construction, Inc., and Gunther Construction Company (collectively, respondents).
    See
     
    415 ILCS 5/31(c)(1) (2000); 35 Ill. Adm. Code 103.204. The People allege that respondents
    violated Sections 21(a), (e), and (p)(1) of the Environmental Protection Act (Act) (5/21(a), (e),
    (p)(1) (2000)). The People also allege that Crop violated Sections 21(d)(1) and (2) of the Act
    (5/21(d)(1), (2) (2000)) and 35 Ill. Adm. Code 807.201. The People further allege that
    respondents violated these provisions by failing to obtain the proper permits and allowing open
    dumping and improper disposal of waste. The complaint concerns a facility in Galesburg, Knox
    County.
     
    On September 18, 2001, the People and respondents filed a stipulation and proposed
    settlement, accompanied by a request for relief from the hearing requirement of Section 31(c)(1)
    of the Act (415 ILCS 5/31(c)(1) (2000)). This filing is authorized by Section 31(c)(2) of the Act
    (415 ILCS 5/31(c)(2) (2000)).
    See
    35 Ill. Adm. Code 103.300(a). The Board provided notice of
    the stipulation, proposed settlement, and request for relief. The newspaper notice was published
    in the
    Galesburg Register-Mail
    on September 24, 2001. The Board did not receive any requests
    for hearing. The Board grants the parties’ request for relief from the hearing requirement.
    See
     
    415 ILCS 5/31(c)(2) (2000); 35 Ill. Adm. Code 103.300(b).
     
    Section 103.302 of the Board’s procedural rules sets forth the required contents of
    stipulations and proposed settlements. 35 Ill. Adm. Code 103.302. These requirements include
    stipulating to facts on the nature, extent, and causes of the alleged violations and the nature of
    respondents’ operations. Section 103.302 also requires that the parties stipulate to facts called
    for by Section 33(c) of the Act (415 ILCS 5/33(c) (2000)). The People and respondents have
    satisfied Section 103.302. Respondents neither admit nor deny the alleged violations and
    respondents agree to pay a civil penalty of $5,000 each for a combined total of $15,000. The
    Board accepts the stipulation and proposed settlement.
     
     
     
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    This opinion constitutes the Board’s findings of fact and conclusions of law.
     
    ORDER
     
    1. The Board accepts and incorporates by reference the stipulation and proposed
    settlement.
     
    2. Crop Production Services, Inc., AEH Construction, Inc. And Gunther
    Construction Company (respondents) must each pay a civil penalty of $5,000, for
    a total of $15,000, no later than December 1, 2001, which is the 30th day after the
    date of this order. Respondents must pay the civil penalty by certified check or
    money order, payable to the Environmental Protection Trust Fund. The case
    number, case name, and respondents’ social security number or federal employer
    identification number must be included on the certified check or money order.
     
    3. Respondents must send the certified check or money order to:
     
    Illinois Environmental Protection Agency
    Fiscal Services Division
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
     
    4. Penalties unpaid within the time prescribed will accrue interest under Section
    42(g) of the Environmental Protection Act (415 ILCS 5/42(g) (2000)) at the rate
    set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
    (2000)).
     
    5. Respondents must cease and desist from the alleged violations.
     
    IT IS SO ORDERED.
     
    Section 41(a) of the Environmental Protection Act provides that final Board orders may
    be appealed directly to the Illinois Appellate Court within 35 days after the Board serves the
    order. 415 ILCS 5/41(a) (2000);
    see also
    35 Ill. Adm. Code 101.300(d)(2), 101.906, 102.706.
    Illinois Supreme Court Rule 335 establishes filing requirements that apply when the Illinois
    Appellate Court, by statute, directly reviews administrative orders. 172 Ill. 2d R. 335. The
    Board’s procedural rules provide that motions for the Board to reconsider or modify its final
    orders may be filed with the Board within 35 days after the order is received. 35 Ill. Adm. Code
    101.520;
    see also
    35 Ill. Adm. Code 101.902, 102.700, 102.702.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above opinion and order on November 1, 2001, by a vote of 6-0.
     
     
     
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    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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