ILLINOIS POLLUTION CONTROL BOARD
October 4, 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)
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 stipulation and proposal
for settlement would settle the case as to all respondents.
Unless the Board determines that a hearing is needed, the Board must cause notice of the
stipulation, proposed settlement, and request for relief from the hearing requirement. Any person
may file a written demand for hearing within 21 days after receiving the notice. If anyone timely
files a written demand for hearing, the Board will deny the parties’ request for relief and hold a
hearing. 415 ILCS 5/31(c)(2) (2000); 35 Ill. Adm. Code 103.300(b), (c). The Board directs the
Clerk of the Board to provide the required notice.
IT IS SO ORDERED.
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I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above order on October 4, 2001, by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board